Conflicts of Interest. Essential Insights for NDIS Providers

What Every NDIS Provider Needs to Know About Conflicts of Interest

When working as an NDIS provider, understanding and managing conflicts of interest (COI) is not just a regulatory requirement, it’s about maintaining trust and ensuring participants receive the best possible support. But what exactly does COI mean in practice? Let’s explore this important aspect of service delivery.

What is a Conflict of Interest?

A conflict of interest occurs when a provider’s personal, financial, or organisational interests might interfere with their ability to act in the best interests of participants.

There are three types of COI:

• Actual: The conflict is currently happening.
• Potential: The conflict could occur in the future.
• Perceived: It seems like a conflict exists, even if it doesn’t.

Why It Matters

Conflicts of interest can have serious implications:

• They may limit participant choice and control, a key principle of the NDIS.
• They can affect the fairness and quality of support provided.
• Poorly managed COI can lead to breaches of the NDIS Code of Conduct and result in action by the NDIS Quality and Safeguards Commission.

When Do Conflicts of Interest Arise?

Conflicts of interest can occur in many scenarios. Here are a few common examples:

One Provider, Multiple Supports
Some participants choose one provider to deliver multiple supports, such as in-home care, therapy, and plan management. While this can provide continuity, it can also reduce oversight and create a “closed system” where participants may feel pressured to stay with the provider for all services.

Regional or Remote Areas
In areas with limited providers, conflicts are more likely due to close relationships or fewer service options. Providers must remain transparent and manage these risks openly.

• Plan Management
  When a plan manager delivers other NDIS-funded supports, it can create a conflict if they prioritise their services over what is best for the participant.
• Support Coordination
  Referring participants to services within the same organisation without offering alternatives can limit choice and appear self-serving.
• Allied Health and Assistive Technology
  Recommending specific equipment or services that financially benefit the provider can compromise the participant’s needs and expectations.

How Providers Can Manage Conflicts of Interest

Managing conflicts of interest is an essential part of maintaining trust and integrity in service delivery. Providers can address this by following three fundamental steps:

1.  Identify Conflicts
   The first step is to actively assess any potential or actual conflicts of interest before and during service delivery. Some key questions to consider include:

• Are you recommending services that are linked to your organisation?
• Are financial incentives influencing your decisions?

2.  Disclose Conflicts
   Transparency is essential. Providers should inform participants of any actual, potential, or perceived conflicts. Participants must understand the nature of the conflict and how it is being managed.

3.  Manage Conflicts
   Once a conflict has been identified and disclosed, it’s important to have strategies to address it effectively:

• Provide at least three alternative service options to ensure participants have genuine choice and control.
• Exclude any conflicted staff from direct decision-making roles to prevent undue influence.
• Maintain detailed records of identified conflicts and the steps taken to manage them. Regularly review these strategies to ensure they remain effective.

What Good Practice Looks Like

Good providers act with integrity, honesty, and transparency. This means:

• Declaring relationships with other providers or any financial interests.
• Offering participants unbiased alternatives and time to make informed decisions.
• Keeping clear, accurate records of conflict management plans.
• Avoiding “sharp practices,” like pressuring participants into decisions that benefit the provider.

Steps Participants Can Take

Participants have the right to ask questions and expect transparency from their providers. If you are a participant, consider:

• Asking if the provider has a conflict of interest policy.
• Requesting alternative service options.
• Speaking up if you feel pressured or concerned about your supports.

If concerns persist, participants can reach out to the NDIS Quality and Safeguards Commission or seek help from trusted individuals like advocates or family members.

By addressing conflicts of interest proactively, providers can support the principles of choice, control, and fairness that form the foundation of the NDIS.

Taking a transparent and thoughtful approach empowers participants to make decisions that genuinely align with their needs and preferences, free from external pressure or influence. It also builds trust and reinforces the provider’s reputation as one that prioritises integrity and participant wellbeing.

Managing conflicts effectively isn’t just about compliance, it is about ensuring respect, fairness, and accountability in every aspect of service delivery, which ultimately benefits both participants and providers.