Understanding Conflict of Interest: An Essential Guide for Support Coordinators

Conflict of interest regularly occurs within workplaces, but how does the issue directly relate to Support Coordinators? In this article, we help you to understand how to manage a conflict of interest within the NDIS landscape.

ByMary Ingerton, Managing Director at Support Coordination Academy.

Conflict of interest.

It is a topic regularly discussed within Support Coordination circles.

But what does it mean exactly? How does it specifically relate to Support Coordinators? And how can you manage a conflict of interest if you become aware of a situation in which it applies?

In this comprehensive article, we answer these and other questions, highlight examples of conflict of interest directly relevant to Support Coordinators, detail strategies to deal with the issue and more.

Here is all you need to know about conflict of interest, applicable to the role of a Support Coordinator.

What Does a Conflict of Interest Mean?

A conflict of interest occurs when an individual’s personal interests compromise their judgement, decisions or actions in the workplace.

Personal interests could relate to family relationships or friendships or financial or social interests.

Conflicts of interest often occur when there is a clash between a person’s workplace requirements and their personal interests, which can be viewed as a bias. 

A bias in this context means that a person may have an unfair preference because of their friendships, culture or beliefs and are influenced to make decisions owing to the potential to gain power, prestige or money.

Conflicts occur due to a perceived or actual bias when a person makes or influences a decision for personal gain that may be unfair, unethical or illegal. 

Perception relates to when someone observes an individual’s behaviour or actions, and they conclude that there is a conflict of interest.

It is important to understand that in these situations:

• Appearance (perceived conflict) is as important as the reality (actual conflict)
• Disclosure of a potential (perceived) conflict of interest does not make it an actual conflict. It provides an opportunity to eliminate or reduce the perception of a conflict of interest
• Disclosure of an actual conflict of interest does not remove the conflict. It provides an opportunity to get the conflict out in the open, so it can be properly addressed

Transparency is vital when dealing with a perceived and/or actual conflict of interest. 

Conflict of Interest and the NDIS

Within the NDIS context, a conflict of interest can occur when a Support Coordinator links a participant in with supports and services, due to a perceived or actual bias.

The bias may involve a perceived or actual:

• Financial gain from the referral and engagement of the services
• An assumption that the participant has not been supported to make an impartial and/or informed choice about the supports and services being recommended
• Breach of professional and/or ethical boundaries, including a breach of the NDIS Code of Conduct, which applies to both registered and unregistered providers

Examples of Conflicts of Interest – NDIS specific

Here are two examples of how a conflict of interest could apply to Support Coordinators in the context of the NDIS:

Example no.1

A participant is overly influenced to choose one provider over another, and there is a perceived/actual financial gain for the Support Coordinator, or another party within their network, from the referral or engagement of the service.

This is due to a participant being referred to:

• A Support Coordinator’s family member or friend
• An organisation that the Support Coordinator works for that also provides other services the participant might need
• A Support Coordinator also offering to be a Support Worker or an Occupational Therapist (OT) for the same participant

Example no.2

The participant has not been supported to make an impartial and/or informed choice about the supports and services being recommended. For instance:

• When a Support Coordinator refers a participant to a service provider because they have worked with them previously and it’s easier than researching other service options that will meet the participant’s unique support needs.

However, this is not the same as, say, living in a regional area and not having a surplus of providers available to refer to. This relates to a Support Coordinator not taking the time to understand a participant’s unique support needs and finding providers that match these criteria. 

• A breach of professional and/or ethical boundaries, including a breach of the NDIS Code of Conduct due to sharp practice. This could include:
  • Providing services or using NDIS funds contrary to the intent of the supports approved on a participant’s NDIS Plan
  • Asking for or accepting additional remuneration for services provided
  • Misleading or deceptive conduct, including coercive or exploitative conduct

Strategies to Manage a Conflict of Interest

It is a Support Coordinator’s role to ensure a participant has true choice and control over the supports and services they are linked in to. 

They do this by providing the individual with adequate information, so they can make informed decisions about the supports and services they choose to engage with.

This acknowledges the vulnerability of the people a Support Coordinator works with and is reflective of the safeguarding role as an intermediary between the participant and the NDIS.

Before a Support Coordinator links in supports and services for a participant, they must:

• Take the time to understand a participant’s unique situation and disability related support needs, including how and when services are to be delivered
• Research and identify service options that meet these criteria and identify at least three options wherever possible
• Support a participant to explore each option, so they can make an informed decision about the provider they wish to engage with

Also, a Support Coordinator needs to show evidence of how the participant has been supported to make an informed and unbiased decision. There are various ways a Support Coordinator can do this, including:

Providing Documentation

Documenting why a participant has chosen a specific support or service, within case notes, is standard best practice. 

This includes the provider options offered, how the participant was supported to explore each option and why they chose a specific provider. 

This is especially relevant in situations where a participant is offered a range of service provider options, including a provider that the Support Coordinator also works for, or there are only limited provider options available, based on the unique type of support required.

Using Person-Centred Planning Tools

Using these tools to document the process undertaken to understand a participant’s unique support needs – and how a participant was supported to make informed and unbiased decisions about providers they chose to engage with – is recommended. 

Person-centred planning tools help to build the capacity of a participant to understand what they need from a service provider, to understand what a quality service looks like and the questions they can ask to set themselves up for success.

Further Strategies

Here are some more strategies a Support Coordinator can use to evidence and manage a perceived and/or actual conflict of interest based on set scenarios:

Scenario 1

A participant has limited capacity to make independent informed decisions and doesn’t have a nominee who can act on their behalf.

Action: A Support Coordinator can link the participant in with an impartial support person or advocate to act on their behalf.

Scenario 2

An organisation provides multiple services, including Support Coordination.

Action: Include a conflict-of-interest statement within a Support Coordination Service Agreement, to be discussed during the intake process, to ensure a participant is made aware of any perceived and/or actual conflicts of interest.

Scenario 3

Staff become aware of a perceived or actual conflict of interest.

Action: Have Conflict of Interest Policy and Procedures readily available, so staff know how to manage any perceived and actual conflicts of interest when they arise.

Conflict of Interest – What to Do

What should a Support Coordinator do if they become aware of a perceived and/or actual conflict of interest re: a service provider that is already supporting a participant?

In the first instance, it is always important to talk to the provider to make them aware of any conflict of interest, including any perceived and/or actual breach of the NDIS Code of Conduct. 

Then, provide information to educate the provider of their responsibilities and how they need to manage the situation.

If a provider chooses to dismiss the concerns raised in relation to a conflict of interest, then a Support Coordinator can:

• Support a participant to make a complaint directly with the provider
• Notify the NDIS Quality and Safeguard Commission of the breach, which has the powers to investigate both registered and unregistered providers

Need More Information?

If you have any questions about this topic or require other assistance as a Support Coordinator, contact us today.

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