These formal, legally binding Master Terms & Conditions are structured specifically for Drive Smart Driver Academy PTY LTD operating in Victoria. They fully comply with the National Disability Insurance Scheme Act 2013 (Cth), the rules of the NDIS Quality and Safeguards Commission, the Australian Consumer Law (ACL), and VicRoads licensing standards.
This document serves as the master contract that sits behind your intake forms, service agreements, and website portal.
MASTER TERMS & CONDITIONS FOR NDIS SERVICE DELIVERY
Drive Smart Driver Academy PTY LTD (ABN: 60670815764)
Effective Date: 1 July 2026
These Master Terms and Conditions (the "Terms") govern all specialized driver training, functional capacity assessments, vehicle control coaching, and allied health (Occupational Therapy) services provided by Drive Smart Driver Academy PTY LTD (the "Academy", "we", "us", "our") to NDIS participants (the "Participant") and their nominated managers, nominees, or representatives (the "Representative").
1. Nature of Agreement and NDIS Compliance
1.1 Binding Contract: By signing an Academy Service Agreement, Intake Form, or booking a service, the Participant and/or Representative explicitly accepts these Terms in full.
1.2 NDIS Regulatory Alignment: These Terms are drawn up in accordance with the rules set by the National Disability Insurance Agency (NDIA). If any pricing, travel, or cancellation rule herein conflicts with an updated, official NDIS Pricing Arrangement mandate, the NDIS rule will override that specific clause without invalidating the remainder of this document.
2. Provision of Specialized Supports & Fleet Safety
2.1 Tailored Instruction: The Academy agrees to supply specialized driver instruction, vehicle modification orientation, and Driver-Trained Occupational Therapy services mapping directly to the participant’s approved NDIS capacity-building goals.
2.2 Dual-Controlled Fleet: All practical driving lessons will take place in the Academy's specialized fleet, fitted with certified dual-control safety systems and required modifications, meeting strict Victorian road safety standards.
2.3 Right-Hand Drive Standard: In absolute compliance with Australian design rules and Victorian traffic laws, all training vehicles utilize right-hand steering and control layouts.
3. Mandatory Licensing and Health Disclosures
3.1 Permit Validity: The Participant must hold and physically present a current, valid Victorian Learner’s Permit, restricted license, or temporary interstate driving entitlement at the absolute commencement of every practical lesson.
⚠️ No Permit, No Lesson: If a participant cannot produce a valid permit at the time of the lesson, the instructor will legally refuse to operate the vehicle. This event will be billed at 100% of the scheduled support fee under the Short-Notice Cancellation framework.
3.2 Medical Fitness to Drive: The Participant and Representative are under a strict, continuous legal obligation to disclose any medical conditions, psychological traits, medications, physical standard changes, or vision deficits that may legally affect their fitness to hold a driving license under the AUSTROADS Assessing Fitness to Drive standards.
3.3 VicRoads Reporting: The Academy and its appointed practitioners reserve an absolute right to halt training and report findings to VicRoads if an instructor or Occupational Therapist determines that the participant’s medical or physical state poses an active, immediate threat to public road safety.
4. Short-Notice Cancellations, Absences, and No-Shows
To protect vehicle booking allocations and instructor scheduling, the Academy enforces strict cancellation rules aligned directly with NDIS Pricing Arrangements.
4.1 The Two-Day Rule: A cancellation is classified as a "Short-Notice Cancellation" if the Participant or Representative provides less than two (2) clear business days' notice before the scheduled support time.
-
Calculation: Weekends, public holidays, and the day of the appointment itself are completely excluded from this calculation window.
-
Example: A lesson booked for 10:00 AM on a Tuesday requires formal notice to be submitted before 10:00 AM on the preceding Thursday.
4.2 Cancellation Fees: Where a Short-Notice Cancellation or No-Show occurs, the Academy will charge 100% of the agreed service fee against the participant's NDIS allocation, provided that:
4.3 No-Show Threshold: If a participant is not present at the agreed pickup location within 15 minutes of the scheduled start time, they will be deemed a "No-Show." The instructor will depart, and the full session fee will be claimed.
4.4 Notification Channel: All cancellation notifications must be sent via SMS text message to 0407800950 or submitted in writing to the official Academy administrative email. Direct private notifications sent to an individual instructor's personal phone will not be recognized as a valid cancellation notice.
5. Pricing, Invoicing, and Provider Travel Charges
5.1 NDIS Price Caps: The Academy bills strictly within the maximum limits set by the NDIS Support Catalogue.
-
Specialised Driver Training (Item 15_046_0129_1_3): Billed as an agreed Quotable Support rate approved by the NDIA or Plan Manager.
-
Occupational Therapy Support (Item 15_056_0128_1_3): Billed at the standard hourly cap (currently $193.99 per hour).
5.2 Provider Travel Claims: In accordance with NDIS guidelines, the Academy will charge for provider travel time when an instructor or therapist travels directly to a participant's location.
-
Metro Travel (Doncaster and Surrounds): Travel time is capped at a maximum of 30 minutes of labor per direction, billed at the matching support item's hourly rate.
-
Non-Labour Costs: Associated road tolls, parking fees, or distance running costs incurred during provider travel are billable if pre-authorized in the Participant's Service Agreement.
5.3 Payment Term Exclusivity: All invoices are subject to a seven (7) business day payment term. For Self-Managed participants, failure to clear invoices within this window will lead to an immediate suspension of future driving allocations.
6. Corporate Relationship, Goodwill, and Non-Dealing
6.1 Brand Ownership: The Participant and Representative acknowledge that their ongoing commercial, professional, and clinical relationship is held exclusively with Drive Smart Driver Academy PTY LTD as an entity. No business goodwill, independent customer relationship, or private right of service is formed with individual driving instructors, allied health professionals, or subcontractor therapists assigned to them.
6.2 Communication Exclusivity: The Participant agrees to routing all bookings, log updates, financial queries, and complaints solely through the Academy’s central channels (0407800950). Initiating private transactions or direct scheduling with an Academy employee or subcontractor outside of the company framework is a material breach of these Terms.
7. Data Sovereignty, Intellectual Property, and Reports
7.1 Report Ownership: All diagnostic profiles, in-car telemetry logs, hazard perception results, clinical driving reports, and modification briefs produced by an Academy employee or contractor remain the exclusive intellectual property and data asset of the Academy.
7.2 Release of Documentation: Final Driving Reports or letters destined for VicRoads or the NDIA will only be released, signed off, and transmitted once all outstanding invoices linked to the corresponding assessment hours have been paid or successfully claimed from the NDIS portal.
8. Consumer Guarantees, Liability, and Indemnity
8.1 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights provided under the Competition and Consumer Act 2010 (Cth).
8.2 Limitation of Liability: To the maximum extent permitted by law, the Academy’s total liability for a breach of a statutory guarantee is strictly limited to resupplying the driving or assessment services, or covering the direct cost of having those services resupplied.
8.3 Participant Indemnity: The Participant and Representative agree to indemnify the Academy against any traffic infringements, speeding fines, toll evasion notifications, or demerit point penalties incurred by the participant while operating an Academy vehicle. All traffic fines issued during a lesson are the sole legal and financial responsibility of the driver.
9. Code of Conduct and Service Termination
9.1 Zero Tolerance Policy: The Academy preserves a safe workspace. We reserve the immediate right to terminate a lesson, cancel an agreement, or ban a participant if they display aggressive behavior, use abusive language, exhibit racial or discriminatory bias, or show signs of substance impairment (alcohol or drugs) prior to or during vehicle operation.
9.2 Termination Notice: Either party may break this service relationship by giving fourteen (14) days' written notice. Sections 4, 6, 7, and 8 survive the termination of this agreement indefinitely.
10. Governing Law
These Terms are governed by, interpreted, and enforced in accordance with the laws of the State of Victoria, Australia. All parties submit to the non-exclusive jurisdiction of the courts of Victoria.