Conflict of Interest Policy

PURPOSE

A conflict of interest occurs when someone in a position of trust, such as a Plan Manager, Support Coordinator or Specialist Support Coordinator, has real or perceived competing private and professional interest(s), making it more difficult to fulfil their professional duties without bias.

Plan Managers, Support Coordinators or Specialist Support Coordinators often provide information and advice to participants and receive sensitive information regarding participants within the scope of their role.

Conflicts of interest may arise when assisting a participant in connecting with providers of supports and broader systems of support.

The purpose of this policy is to ensure that Apoio manage all perceived or actual conflicts of interest appropriately by following Apoio policies and procedures and any applicable legislation and practice standards to ensure participants receive supports and services that are transparent.

SCOPE

This policy applies to all Apoio staff, including permanent or casual employees, contractors, consultants, and people otherwise engaged by Apoio (e.g., volunteers).

DEFINITIONS

Conflict of Interest - A conflict of interest may occur when someone has real or perceived competing private and professional interests. These interests may make it difficult to fulfil their professional duties without bias or the perception of bias.

POLICY

Apoio is committed to ensuring that each participant receives transparent, factual advice about their support options which promotes choice and control.

To achieve this commitment, Apoio will ensure the following:

Conflict of interest policies are provided or explained to each participant using the language, mode of communication and terms that the participant is most likely to understand.
Each participant is supported to understand the distinction between the provision of Plan Management, Support Coordination or Specialist Support Coordination and other reasonable and necessary supports funded under a participant’s plan using the language, mode of communication and terms that the participant is most likely to understand.
If the provider has an interest in any support option available to the participant, the participant is aware of this interest. The participant understands that any choice they made about providers of other supports will not impact the provision of Plan Management, Support Coordination or Specialist Support Coordination.
Referrals to and from other providers are documented for each participant.

Apoio and its staff members will ensure that when providing supports to participants under NDIS, including when offering support coordination services, any conflict of interest is declared and any risks to participants are mitigated.

All staff will act in the best interests of NDIS participants and other customers, ensuring that participants are informed, empowered and able to maximise choice and control. Staff must not (by act or omission) constrain or influence the direct decision-making by a participant and/or their legal decision-maker so as to limit that person’s access to information, options/opportunities and exercise choice and control.

Under the NDIS Code of Conduct, all Plan Managers, Support Coordinators or Specialist Support Coordinators must act with integrity, honesty and transparency. To do this, they must:

recommend and provide supports and services appropriate to the needs of the participant
maintain integrity by declaring and avoiding any real or perceived conflicts of interest
avoid engaging in, participating in or promoting sharp practices.

Participants, service providers and other stakeholders are encouraged to raise any concerns with Apoio’s managers or supervisors in the first or with the NDIS Commission for further investigation, including where there are potential real or perceived conflicts of interest.

In certain scenarios, such as in rural or remote areas, or for culturally specific or highly specialised services, conflicts of interest may be unavoidable. In such cases, the conflict must be transparently managed and documented.

Good Practice Expectations

Apoio strictly prohibits any “sharp practices,” including unethical, coercive, or misleading behaviour. Staff must ensure that complaints processes are independent and that any individual with a conflict is removed from decision-making roles.

Conflict management plans must be reviewed regularly (at least annually or when circumstances change) to ensure they remain effective and relevant.

PROCEDURE

The following procedures are implemented to ensure that Apoio meets its policy objective of ensuring that all perceived and actual conflicts of interest are identified, recorded and managed appropriately to protect participants from harm or disadvantage due to any conflict of interest.

Staff must not accept any offer of money, gifts, services or benefits that would cause them to act in a manner contrary to the interests of an NDIS participant. This means that staff must have no financial or other personal interest that could directly or indirectly influence or compromise the choice of provider or provision of supports to a participant and/or their family/support network. This includes the obtaining or offering of any form of commission by Apoio staff.

Where Plan Management, Support Coordination or Specialised Support Coordination may be delivered by Apoio along with other direct supports to the same participant, Apoio will ensure and document the following:

Participant information and data obtained for the purposes of Plan Management, Support Coordination or Specialised Support Coordination must be stored separately from the participant information and data obtained for the purposes of all other non-intermediary supports.
Participant information and data obtained for the purposes of Plan Management, Support Coordination or Specialised Support Coordination must have access and permissions established so that such information and data can only be accessed, viewed, edited or utilised for the purposes of Plan Management, Support Coordination or Specialised Support Coordination service provision and delivery unless otherwise agreed to by the participant prior to such access being granted to staff.
No remuneration, bonus, commission (whole or trailing) or incentive may be given to staff (employees, contractors, volunteers, management and others associated with Apoio) for capturing, converting or directing participants to other non-intermediary supports and services provided by Apoio.
A commitment to the competitiveness of pricing, avoiding fixed pricing and ensuring a fair market rate.
How each service is to be provided and the delineation of duties for such services to ensure that duplication of fees or support is not possible.
That no other support or service is supplied on the condition of also supplying intermediary supports (support coordination) and vice versa.
That the participant or legal decision maker has been presented with and considered all other available/appropriate options for the provision and delivery of intermediary supports (plan management and support coordination) and other non-intermediary supports; and still elected to engage such service from Apoio, as a conflicted service provider.
Participants must be offered at least three alternative providers where possible. Staff must document that these options were presented.
Participants must be given sufficient time and support to make informed decisions. This includes access to interpreters, advocates, or decision supporters where needed.
Participants must be informed of any relationships or incentives tied to referrals. This information must be clearly communicated and documented in the participant's file.
Plan managers and support coordinators must disclose if they refer to or deliver services from their own organisation. They must offer external options and avoid influencing participants' decisions.
Where there is an unavoidable conflict, staff must provide a justification for why the conflict cannot be avoided and outline the steps taken to mitigate any potential impact on the participant. These scenarios must be escalated to management for review and approval, and the participant must be informed in writing of the conflict and the steps taken to manage it.
Staff must document all disclosures and the options presented to participants. This documentation must be reviewed and approved by the Compliance Officer.

Members of the Apoio Team who perform such functions will make sure that:

Apoio's Risk Register and/or Conflict of Interest Register includes any potential and/or actual conflicts of interest.
All staff must declare any actual, potential, or perceived conflicts of interest using the NDIA's structured declaration form. This form must include:

* The nature of the conflict

* The parties involved

* Whether the conflict can be avoided

* The management plan for the conflict

The completed declaration forms must be submitted to Management and stored securely. The NDIA Conflict of Interest Declaration Form must be completed at the time the conflict is identified and reviewed at least every 12 months or when circumstances change.
Participants will be given a range of options about providers of supports, not just Apoio, when other providers are available in their area. Staff must not try to influence the participant to choose Apoio.
They inform participants of Apoio's potential conflict of interest as both a support coordination service provider and Plan Management provider and affirm that Apoio will act in the best interests of the participant as directed by them.
Participants will be presented with options regarding support delivery in the future, including whether they would like to be waitlisted with other service providers if other providers do not currently have spare capacity.
They document the advice given to the participant in their notes and any form approved by Apoio.

Participant and Provider Checklists

Apoio will use the NDIA's checklists to ensure that all obligations are met. These checklists will be included in the onboarding materials for both staff and participants.

Staff must walk participants through the checklist during intake to ensure they understand their rights and the provider's obligations. Completed checklists must be stored securely in the participant's file.

NDIS Plan Management and Support Coordination