Terms and Conditions

1. About These Terms

These Terms and Conditions ("Terms") govern the provision of occupational therapy and allied health services by Flourish Health Australia Pty Ltd (ABN 94 687 929 246), trading as Flourish Health ("we", "us", "our").

By engaging our services, you ("you", "the client", "the participant") agree to be bound by these Terms. If a support coordinator, plan manager, carer, or family member engages our services on behalf of a participant, they confirm they have authority to do so and agree to these Terms on the participant's behalf.

We may update these Terms from time to time. The current version will always be available on our website. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.

2. Our Services

Flourish Health provides occupational therapy services including, but not limited to:

• Initial occupational therapy assessments
• Ongoing occupational therapy (capacity building)
• Functional Capacity Assessments (FCAs)
• Home modification assessments and reports
• Assistive technology assessments and recommendations
• Telehealth occupational therapy sessions
• Report writing and documentation

All services are delivered by AHPRA-registered occupational therapists who hold current NDIS Worker Screening Checks, Working With Children Checks, National Police Checks, and first aid certification.

3. NDIS Services

Flourish Health is an NDIS-aligned provider (unregistered). We provide services to NDIS participants who are:

• Plan-managed - your plan manager pays our invoices from your NDIS funding
• Self-managed - you claim reimbursement from the NDIA directly

We provide services exclusively to plan-managed and self-managed participants. As an unregistered provider, we cannot be paid directly by the NDIA under NDIA-managed plans.

Our fees are aligned with the NDIS Pricing Arrangements and Price Limits. We will always confirm applicable rates and funding categories before commencing services.

3.1 Service Agreements

For NDIS-funded services, we will enter into a Service Agreement with you (or your representative) before commencing therapy. The Service Agreement will outline:

• The services to be provided
• Applicable fees and NDIS support categories
• Scheduling arrangements
• Cancellation terms
• Responsibilities of each party

Where these Terms and a Service Agreement conflict, the Service Agreement prevails.

3.2 NDIS Participant Rights

As an NDIS participant, you have the right to:

• Choose your service providers
• Be involved in decisions about your supports
• Have your privacy and dignity respected
• Provide feedback or make a complaint without fear of reprisal
• Access an advocate of your choice
• End your Service Agreement at any time with appropriate notice

4. Fees and Payment

4.1 Standard Fees

Our standard rate is $193.99 per hour, aligned with the NDIS Pricing Arrangements and Price Limits. Fees may vary for specific service types (e.g., report writing, group sessions) and will be confirmed in your Service Agreement or prior to service delivery.

4.2 Travel

For in-home visits, travel is charged at $0.99 per kilometre, capped at 30 minutes per trip. Travel charges will be confirmed before your first appointment.

4.3 Payment Terms

• Plan-managed participants: Invoices are sent to your plan manager for payment. We require payment within 14 days of invoice.
• Self-managed participants: Invoices are issued to you directly. Payment is due within 14 days of invoice. We provide NDIS-compliant invoices for you to claim from the NDIA portal.
• Private clients: Payment is due within 7 days of invoice, or as otherwise agreed.

We reserve the right to suspend services if invoices remain unpaid for more than 30 days, after providing reasonable written notice.

4.4 Fee Changes

Fees may be updated in line with changes to the NDIS Pricing Arrangements or at our discretion. We will provide at least 14 days' written notice of any fee changes.

5. Appointments and Scheduling

5.1 Booking

Appointments are scheduled by mutual agreement between you and your allocated therapist. We will make reasonable efforts to accommodate your preferred times and locations.

5.2 Home Visits

For in-home sessions, we require:

• A safe and appropriate environment for therapy to take place
• Access to the areas of the home relevant to the session
• A responsible adult present if the participant is a minor or requires supervision
• Restraint of any animals that may pose a safety risk

Our therapists reserve the right to end or not commence a session if they feel their safety is compromised.

5.3 Telehealth

Telehealth sessions are conducted via secure video conferencing. You are responsible for:

• Having a stable internet connection and a device with camera and microphone
• Being in a quiet, private space suitable for the session
• Joining the session on time using the link provided

If technical difficulties prevent a telehealth session from proceeding, we will attempt to reschedule at no charge.

6. Cancellations and No-Shows

6.1 Cancellation by You

We require a minimum of 2 business days' notice (48 hours) for cancellations or rescheduling. Cancellations can be made by phone, email, or SMS to your therapist.

6.2 Late Cancellations and No-Shows

If you cancel with less than 2 business days' notice, or do not attend a scheduled appointment without notice ("no-show"), you may be charged:

• 100% of the agreed service fee for NDIS participants, in accordance with the NDIS Pricing Arrangements cancellation policy
• 100% of the agreed service fee for private clients

We understand that emergencies happen. If a cancellation is due to circumstances beyond your control (e.g., hospitalisation, emergency), we will waive the cancellation fee at our discretion.

6.3 Cancellation by Us

If we need to cancel or reschedule an appointment (e.g., therapist illness), we will provide as much notice as possible and offer an alternative time at no additional cost.

7. Consent

7.1 Informed Consent

Before commencing services, we will explain:

• The nature and purpose of the proposed assessment or intervention
• Expected outcomes and any risks
• Alternative approaches available
• Your right to refuse or withdraw consent at any time

You (or your authorised representative) will be asked to provide informed consent before services begin. Consent may be verbal or written, depending on the service type.

7.2 Consent for Minors and Represented Persons

For participants under 18 years of age, consent must be provided by a parent or legal guardian. For participants with a guardian or administrator appointed by VCAT or a court, consent must be provided by the appointed decision-maker.

7.3 Withdrawal of Consent

You may withdraw consent for any service at any time. Withdrawal of consent does not affect the lawfulness of any service provided prior to withdrawal.

8. Reports and Documentation

We maintain clinical records in accordance with the Health Records Act 2001 (Vic) and AHPRA requirements. Reports and documentation may include:

• Assessment reports (including FCAs)
• Progress notes and therapy plans
• Home modification reports
• Equipment recommendation reports
• Correspondence with other providers

Report turnaround times vary by type. FCA reports are typically completed within 5–10 business days of the assessment. We will advise expected timeframes at the time of booking.

Reports are provided to you and, with your consent, to your plan manager, support coordinator, or other relevant parties.

9. Clinical Boundaries and Scope of Practice

Our occupational therapists practise within the scope of their professional registration and competency. We will:

• Refer you to another provider if your needs fall outside our scope of practice
• Not provide medical diagnoses (OTs assess function, not diagnose conditions)
• Not prescribe medication
• Collaborate with your other health providers with your consent

10. Intellectual Property

All reports, therapy plans, assessments, and clinical documentation produced by Flourish Health remain our intellectual property. You are granted a licence to use these documents for your personal use, NDIS plan purposes, and sharing with relevant health professionals.

You may not reproduce, distribute, or commercially exploit our materials without our written consent.

11. Limitation of Liability

Flourish Health holds:

• Professional indemnity insurance - $2,000,000
• Public liability insurance - $10,000,000

To the maximum extent permitted by law:

• We do not guarantee specific health outcomes from our services. Therapy outcomes depend on many factors including participant engagement, consistency, and the nature of the condition.
• Our liability for any claim arising from our services is limited to the amount of fees paid for the specific service giving rise to the claim.
• We are not liable for any indirect, consequential, or special damages arising from the provision of our services.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited by law.

12. Privacy

We collect, use, and store personal and health information in accordance with the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic), and the Australian Privacy Principles. For full details, please read our Privacy Policy.

13. Complaints and Feedback

We welcome feedback and take all complaints seriously. If you are dissatisfied with any aspect of our service:

1. Talk to us first - contact your therapist or our admin team at admin@flourishhealth.com.au or (03) 7043 7778. We aim to resolve complaints within 10 business days.
2. NDIS Quality and Safeguards Commission - if you are an NDIS participant and your complaint is not resolved, you can contact the NDIS Commission on 1800 035 544 or at ndiscommission.gov.au.
3. Health Complaints Commissioner (Victoria) - you can also lodge a complaint with the HCC on 1300 582 113 or at hcc.vic.gov.au.
4. AHPRA - for concerns about a practitioner's conduct, you can contact AHPRA on 1300 419 495 or at ahpra.gov.au.

Making a complaint will not affect your access to our services.

14. Termination of Services

14.1 By You

You may end your engagement with us at any time by providing written notice. Any outstanding fees for services already provided remain payable.

14.2 By Us

We may discontinue services if:

• Your needs fall outside our scope of practice and a more appropriate provider is available
• There is a sustained pattern of late cancellations or no-shows despite discussion
• The safety of our staff is at risk
• Fees remain unpaid for an extended period despite reasonable notice
• The therapeutic relationship has broken down and is no longer effective

Where we discontinue services, we will provide reasonable notice, assist with transition to another provider where possible, and provide any outstanding reports or documentation.

15. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from these Terms are subject to the exclusive jurisdiction of the courts of Victoria.

16. Contact Us

If you have any questions about these Terms, please contact us: