DEC newsUnderstanding conflicts of interest in Specialist Disability Accommodation

What is a Conflict of Interest?

A conflict of interest occurs when a person or organisation has the opportunity to put their own interests ahead of the interests of the person they are supporting. This can be actual, potential, or perceived. In the context of SDA, this might mean a provider influencing a participant's choice of services to benefit themselves, rather than the participant.

Why Does It Matter?

Conflicts of interest can significantly impact the quality of care and support participants receive. They can limit a participant's choice and control, which are core principles of the NDIS. For example, if an accommodation provider insists that a participant also use a specific in-home provider, this limits the participant's freedom to choose the best services for their needs and is a clear conflict of interest.

NDIA's Position on Managing Conflicts of Interest

The NDIA expects providers to avoid conflicts of interest wherever possible. When conflicts are unavoidable, they must be declared and managed to the highest standard. The NDIA's guidelines outline some key points:

1.    Transparency: Providers must be transparent about any conflicts of interest. This means clearly communicating the nature of the conflict to participants and their representatives (including guardians, nominees and the participant’s support network).

2.    Participant's Best Interests: Providers should always act in the best interests of participants. This means recommending and providing supports that best suit the participant's needs, even if it means referring them to another provider.

3.    Documentation and Monitoring: Providers are required to document how they manage conflicts of interest and regularly review these situations to ensure ongoing compliance.

4.    Avoiding 'Sharp Practices': Providers should avoid any practices that are unethical or not in the best interests of participants. This includes not pressuring participants into using certain services or making decisions that benefit the provider financially.

Specifics for Specialist Disability Accommodation

Conflicts of interest relating to SDA can arise in various ways. For instance, an SDA provider might also offer support coordination services. If they steer participants towards their own services, this could be seen as a conflict of interest. The NDIA's guidelines emphasise that providers should offer participants a range of options and support them in making informed choices.

Questions to Ask SDA Providers

To help ensure participants are making the best choices for their needs, support coordinators and participants should ask SDA providers the following questions:

1.    What are the range of services you offer? - Understanding the full scope of services can help identify any potential conflicts of interest.

2.    How do you manage conflicts of interest? - Providers should have clear policies and procedures in place.

3.    Can you provide examples of how you have managed conflicts of interest in the past? - This can give insight into their practical approach.

4.    Are there any other providers you recommend for specific services? - This can help ensure that participants have access to a variety of options.

5.    How do you ensure that participants' choices are respected and prioritised? - This question helps gauge the provider's commitment to participant autonomy.

What Can Participants Do?

Participants have the right to be informed about any conflicts of interest and to make complaints if they feel their interests are not being prioritised. The NDIA provides resources and support to help participants manage these situations effectively. 

The NDIA's position on conflicts of interest is all about maintaining integrity, transparency, and prioritising the needs of participants. It is a position that DEC Housing supports.