Introduction

Decent Care management and team members are committed to effectively identifying, disclosing and managing any actual, potential or perceived conflicts of interest in order to protect the integrity of Decent Care and to manage any associated risk.

Scope

This policy applies to team members, students and any person representing of Decent Care.

Principles

Decent Care aims to provide ethical services with integrity that provides participants and their careers with assurance and transparency in relation to any perceived or real conflict of interest.

Policy

This policy has been developed to provide direction to address actual or perceived conflicts of interest affecting Decent Care and their participants. It is the policy of Decent Care as well as a responsibility of team members, that ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with professional or organisational obligations. This will be conducted by ensuring that:

• Organisational or ethical values do not impede a participant’s right to choice and control
• As individual conflicts arise, they are identified, reported, acted upon, and analysed
• Advice to a participant about support options is transparent and provides all opportunities
• All participants are treated equally, and that no participant is given preferential treatment above another in the receipt of provision of supports.

Decent Care will manage conflicts of interest by requiring team members to:

• Remain aware of the potential for conflicts of interest to arise which may affect their ability to exercise professional discretion and unbiased judgment
• Avoid conflicts of interest where possible
• Do not provide financial advice to participants at any time
• Identify and disclose any conflicts of interest
• Consult with their Program Manager where potential conflicts of interest do arise to find an appropriate resolution
• Carefully manage any conflicts of interest where they have been reported and analysed
• Follow this policy and respond to any breaches

Procedure

Identification and disclosure of conflicts of interest
Once an actual, potential or perceived conflict of interest is identified, a Conflict-of-Interest Form must be completed (through the QR Code) by the person declaring the conflict within 24-hours. The declared conflict of interest will then be entered onto the Conflict-of-Interest Register.

The Conflict-of-Interest Register must be maintained by the Managing Directors. The register must record all information related to a conflict of interest (including the nature and extent of the conflict of interest and any steps taken to address it).

Action required to manage conflicts of interestIn deciding what approach to take, the Program Manager and where required the Managing Director of Operations and discloser will consider:

• Whether the conflict needs to be avoided or simply documented
• Whether the conflict will realistically impair the disclosing person’s competency and capacity to impartially participate in decision-making
• Alternative options to avoid the conflict
• If accepted, what management strategies will be undertaken
• Decent Care’s resources
• The possibility of creating an appearance of improper conduct that might impair confidence in, or the reputation of, the business.

The action and result of the decision will be recorded in the Conflict of Interest Register for future reference.

Multiple relationships
A multiple or dual relationship is a situation where multiple roles exist between a team member and a participant. Multiple relationships can occur when: a personal and professional relationship exists between a team member and participant, when a team member has a professional or personal relationship with a person closely related or connected to the participant, or when multiple professional relationships exist between the team members and participant e.g. support worker and support coordinator. Decent Care team members should avoid engaging in multiple relationships that may impair their competence, effectiveness or objectivity. Where multiple relationships with participants are unavoidable due to over-riding ethical considerations, organisational requirements, or by law, team members will:

• Declare the multiple relationships using the Conflict-of-Interest Form
• Consult with their Program Manager to attempt to find an appropriate resolution that is in the best interest of all involved parties.
• Clarify professional boundaries with the participant from the outset of the professional relationship.

Multiple support that includes Plan Management and Support Coordination
Decent Care maintain three distinct programs within their service provision including support coordination, support services and plan management with a Program Manager overseeing each program. Participant information is stored within each programs CRM and can only be accessed by team members working within the program of supports they are receiving. Where a participant is accessing dual support, they will have a separate service agreement for each program and consent will be sought to share any information.

When delivering Plan Management and Support Coordination, team members must only recommend and provide supports that are appropriate to the needs of participants. This means providing truthful information about the:

• Capacity, qualifications, training and professional affiliations of providers and their team members
• Supports, services or products delivered by providers, including Decent Care; and
• Full costs of support and what these include.

Information provided to support participants’ decision making may include quotes, cost breakdowns for different support options; other people’s feedback about supports they’ve received and the risks or different support options; other people’s feedback about supports they’ve received and the risks and benefits of different supports.

Delivery of additional supports

• Decent Care must include and monitor the conflict of interest related to delivering Plan Management and/or Support Coordination along with other NDIS supports in the participant’s progress notes and report to the Managing Director of Operations where an issue emerges
• The conflict of interest must be declared to all participants using Decent Care Plan Management and/or Support Coordination services, as part of their intake and assessment process through the Appendix A attached to the service agreement. Strategies to address the conflict must also be explained. Should a participant choose to use another provider because of this conflict, team members must respect their decision.

Strategies that Decent Care has in place to manage the conflict of interest involved in delivering Support Coordination along with other NDIS supports include:

• Maintaining a clear separation of responsibilities between Support Coordination team members and other team members including separate reporting lines
• Providing participants with the option of several providers for each type of support they are seeking
• Where only one option of provider can be suggested for a particular support, thoroughly documenting the rationale for this, and reviewing it regularly
• Keeping detailed records of any issues that arise with supports provided to a participant by Decent Care, including the actions taken and how the issue was resolved
• Continually working with participants and other areas of Decent Care to understand how well their supports are meeting their needs and adjusting support delivery before issues emerge
• Explaining the difference between Support Coordination and other supports funded in participants’ NDIS plans, including the requirement that supports provided be reasonable and necessary; and
• Explaining that any choice participants make about providers of other supports will not impact the provision of their Support Coordination.

Strategies Decent Care has in place to manage the conflict of interest involved in delivering Plan Management along with other NDIS supports include:

• Maintaining a clear separation of responsibilities between Plan Management team members and other team members
• Continually monitoring its financial practices to ensure participants’ NDIS funds are accounted for separately to Decent Care funds; and
• Used for the purpose they were provided and in participants’ best interests.

Participants must also be informed about their right to change Support Coordinators and/or Plan Managers and how they can go about doing so, as well as Decent Care feedback and complaints processes (see the Feedback and Complaints Policy). The action and result of the decision will be recorded in the Conflict of Interest Register for future reference.

Compliance with this policy
If there is reason to believe that a person has failed to comply with the policy, then an investigation of the circumstances will be conducted. If it is found that that person failed to disclose a conflict of interest, then the Managing Directors may commence disciplinary action. If a team member suspects a failure to disclose a conflict of interest, they must notify the Managing Directors, who will address it in confidence with the identified person.

Responsibilities

The Managing Directors are responsible for:

• Seeking external professional advice/opinion on conflicts that include them
• Reviewing this policy on an annual basis to ensure that the policy is operating effectively
• Reviewing the Conflict-of-Interest Register and determining appropriate management strategies
• Monitoring compliance with this policy

Program Managers are responsible for:

• Ensuring team members are trained in what constitutes a conflict of interest and reporting process
• Reviewing the declared conflict of interest and actioning as appropriate
• Monitoring actions being undertaken to manage the conflict of interest.

The IT Officer is responsible for:

• Documenting the Conflict of Interest on the Master Register

Team members are responsible for:

• Identifying and disclosing conflicts of interest through the completion of the Conflict-of-Interest form. This must be provided to the Program Manager within 24 hours of identifying the actual/potential or perceived conflict of interest
• Following the direction provided by their Program Manager in addressing the conflict of interest.

Definition of conflicts of interests

A conflict of interest occurs when a person’s individual interests, conflict with their responsibility to act in the best interests of the business or participant. Personal interests include direct interests, as well as those of family, friends, or other organisations a person may be involved with or have an interest in. It also includes a conflict between a team member’s duty and another duty that the team member has (for example another occupation). A conflict of interest may be actual, potential or perceived and may be financial or non-financial. These situations present the risk that a person will make a decision based on, or affected by, these influences, rather than in the best interests of Decent Care or their participants.

Examples of a Conflict of Interest may include (but not limited to):

Gifts and Benefits

Decent Care management and team members must not accept any offer of money, gifts, services or benefits that would cause them to act in a manner contrary to the best interest of a participant.

Influencing Choice and Commissions

Decent Care will not have any financial or any other personal interest that could directly influence or compromise the choice of provider or provision of support to a participant. This includes the obtaining or offering of any form of commission.

Referring participants to associated Providers

Decent Care will always ensure the participant is provided options without influence when offering support options.

Referring participants to internal service offering

Decent Care will ensure that where a participant requires multiple supports, and one of those services is available through Decent Care, three options will be provided.