A conflict of interest with your provider can occur when a person or organisation has an opportunity to put what will benefit them (their own interests) ahead of your interests.
These conflicts may be:
- actual – it happened or is happening
- potential – it might happen
- perceived – it seems like it has happened or might happen
If your conflict of interest is not managed effectively it can pose a risk to your safety and limit your choice and control.
Examples of what these conflicts may look like are:
- A person or provider influencing or pressuring you to choose services to benefit their own interests. They may recommend, refer you to or prescribe services/equipment from the same or another organisation where any benefit gained is for them, not you.
- A person or provider who acts as your nominee (someone who acts on your behalf) making decisions about your supports and providers that are not in your interest.
- A person or provider who limits your choice of services to benefit their own interests. For example, refusing to provide a support unless an additional support is also delivered by a specific provider, such as a support coordinator requiring you to use a specific plan manager.
One provider controls multiple supports of your NDIS plan which may affect the provider’s due diligence (taking reasonable steps) and oversight and services and/or limit the opportunity for you to raise concerns or exit services.
If you are concerned or have identified a conflict of interest then the NDIS recommends that you take the following steps:
Step 1 – Talk with your provider
You or someone you can trust has a conversation with your provider about the conflict of interest and you agree on how to manage it. If you feel comfortable and safe and decide to continue to receive supports from your provider go to Step 2.
But remember, if your provider is not being transparent and honest in discussing the conflict of interest, or your provider pressures or coerces you in any way to make a decision, go to Step 4.
Step 2 – Manage the conflict of interest
Your provider should manage the conflict of interest by discussing the risks with you, developing a management plan and providing you with a copy of the declaration form and management plan. If you are confident your provider has taken appropriate steps to record and manage the conflict go to Step 3.
Again, please remember that if your provider is not being transparent and honest in discussing the conflict of interest, or your provider pressures or coerces you in any way to make a decision, go to Step 4.
Step 3 – Monitor the conflict of interest
Your provider should monitor the conflict well by offering you a supportive and safe space for you to raise your concerns. They should document and regularly review the conflict every 6-12 months and give you a signed copy of the conflict of interest declaration form which should include the arrangements you have agreed to.
If your provider has not made this offer to you then go to Step 4.
Step 4 – Raise your concerns
There are a few ways you can raise your concerns such as:
- Give feedback to your provider if you feel comfortable doing so
- If you don’t feel comfortable giving feedback or the provider has not been prepared to listen to you, then speak with a trusted person (advocate, nominee, family member or friend) about your concerns and the options available
- Speak with your NDIA planner, local area coordinator or early childhood partner in the community about your concerns. Your MyNDIS contact, whose name is in your NDIS plan, can help make sure you are safe.
- If you have tried the above steps and your provider has not been open to discussions with you, and you are concerned about the quality or safety of your current NDIS supports then you can contact the NDIS Quality and Safeguards Commission on 1800 035 544
- If you feel your NDIS funding is or has been misused, you can report this to the NDIA
Step 5 – Change service providers
A change of service providers is also a choice you can make. You should review your service agreement, if you have one, which should set out what you need to do.
Your My NDIS contact, your support coordinator if you have one or the Provider Finder on the NDIS website are all able to help you find a new provider.
Most of your NDIS providers will do their best to anticipate, avoid, manage and declare conflicts of interest.
But remember if you feel unsure or uncomfortable, you have the right to ask questions, seek assistance or make a complaint.
Resources
Visit the NDIS Conflicts of interest webpage for forms, factsheets, checklists and more information on conflicts of interestGive feedback to your provider if you feel comfortable doing so.
If you have tried the above steps and your provider has not been open to discussions with you, and you are concerned about the quality or safety of your current NDIS supports then you can contact the NDIS Quality and Safeguards Commission on 1800 035 544