The NDIS has the code of conduct, which covers all services, registered/unregistered. These rules, laid out in the NDIS rules of 2018 and the Act of 2013, are all about creating a safe and skilled environment within the NDIS. The rules are to make sure providers understand what's expected of them, especially when it comes to respecting the rights of people with disabilities and preventing any harm from happening. And if something does go wrong, they're there to guide providers on how to respond appropriately.
Source: NDIS Website Code of Conduct
So, let's look further in on this idea of conflict of interest. Sometimes, what seems like a simple situation can actually be complex. You may not even realise you are breaking the code of conduct.
Employees
You hire an employee as a support worker, they have great qualifications and experience, but they also happen to run their own business that offers cleaning services. In the course of their duties with your customers, they may leave a card or talk about their “great cleaning” business and gain an advantage of having free direct marketing to a target audience.
That's why having a conflict-of-interest policy and register should be part of your list. It's a way to keep things transparent and above board.
Every new employee who joins your team should sign off on this, acknowledging any other interests they might have. And it's not just about employees running their own show; it's also worth considering if any of your staff have a second/third job (times are tough) for another service organisation. You've got to think about how that could potentially impact your business. Are they sharing sensitive information about your practices or customers with the competition?
Support Coordinators (COS)
Coordinators should act with integrity, honesty, and transparency. In this role, your main responsibility is to facilitate and execute a customer's plan and funding. You'll be recommending services, aiming to match the right provider with each customer. However, there's a risk of relying too heavily on a single service provider, which can lead to promoting certain providers over others.
Why might this be a problem?
Well, by favouring one provider, you might limit the variety of specialties and expertise available to your customers. While a provider may seem excellent at first, businesses often experience high staff turnover, raising questions about their long-term reliability.
Some providers might try to win you over by treating you to a coffee or other perks. While enjoyable, this can subtly influence your decision-making, leading you to choose a provider out of obligation rather than based on what's best for the customer.
You may have friends who work in the disability industry, promoting their business to your customers is a perceived conflict of interest and can only end with your customer being denied their choice and control.
You might be a great support coordinator and you will build relationships with providers – it is part of the job. But it is important not to rely on just one or two. Your customers should have the independence to choose the services that best suit their needs, even if it's not the selection you would make. People living with disabilities have the right to self-determination, and as a coordinator, your role is to support their choices rather than levy your own judgments.
The primary focus is always to ensure that the services provided meet the needs and expectations of the customers. If a service isn't making the grade as per your customers findings, then your role is to offer support and assistance in finding replacements.
Psychosocial Recovery Coaching (PRC)
You may not think of conflict under this service, but if you provide support coordination to your customer under the PRC line item, you may just have a perceived conflict of interest.
The primary purpose of the PRC is to assist clients on their recovery journey, yet coordination is also required along the way. Despite not being apparent, a conflict arises due to the differing roles involved, a point recognised by the NDIS but not consistently addressed in all participants' funding.
Some plans clearly outline both the PRC and Coordination of Supports (COS) components, but the majority only include the PRC aspect.
So, what do you do here?
As a PRC provider, it's important to address the ambiguity of roles with your clients through agreements or other documentation. By doing so, you give your clients the opportunity to understand the billing process from their plan and the division of your role.
Later, if the NDIS reviews the plan, you can recommend that they amend this portion of the funding to clearly define both roles, enabling clients to engage both a PRC and COS if needed.
SIL/SDA Providers
Because of the nature of the disabilities within the assisted living environment, the provider has a significant influence as the customer may rely heavily on other people’s judgements, indeed the family will too.
Often there is a limitation on services available, but this should not compromise the customer or their family/guardian’s who provide the consent. This is where continued monitoring is important. Regular meetings scheduled with stakeholders to work on solutions is a great opportunity to see what is working and what can be improved.
Where the provider is also delivering supports for community participation, robust policies need to be formulated and an added layer or transparency around that support which should include separate agreements.
Spend some time and take a deep look into your business, whether solo or employer and see if you have any conflict of interests lurking beneath the surface. If you do, acknowledge them to your customers and have policies that align with the NDIS code of conduct.
It is the understanding of the problem and how it relates to your customers wellbeing and interests that keeps you in line with the NDIS and allows your customers their autonomy.
Keeping your customers apprised of your practice and policy includes them in decision making about their lives. We would all want the same.
We wish you well, as always
The Lama Care Team
The NDIS Code of Conduct will require workers and
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