Conflict of Interest Policy

AUSTRALIAN ABILITY ENTERPRISES PTY LTD – CONFLICT OF INTEREST POLICY

Statement and Introduction 

Australian Ability Enterprises Pry Ltd (Australian Ability, we, us or our) is the head company of a group of companies which provide services to individuals receiving funding under the National Disability Insurance Scheme (NDIS). These companies include:

  1. Provider Choice Plan Management Pty Ltd (ABN 96 627 164 194), a registered company providing plan management services (Provider Choice); 
  2. Hey Hubble Pty Ltd (ABN 42 641 312 594), an online platform which connects participants with providers (Hey Hubble); and 
  3. Provider Choice Shop Pty Ltd (ABN 22 678 898 265) trading as Fam Shop, an online shop which sells consumables to the general public including NDIS participants (Fam Shop). 

Our companies provide services to NDIS participants including plan management services. Australian Ability is committed to ensuring that all companies in its group providing services to NDIS participants act with honesty, integrity and transparency and adhere to all the requirements of the NDIS Code of Conduct and the NDIS Practice Standards. 

As Australian Ability provides different types of services, there is the potential for conflicts of interest to arise.  We are committed to ensuring that procedures are put in place to help avoid the risks of actual conflicts of interest arising and to provide transparency on how we manage conflicts of interest. 

Our corporate structure

Each type of service is provided through a separate legal entity, which is known as a company. All the companies operate under our parent company (or head company) which is Australian Ability. This means that all the companies have shareholders and directors in common. When managing conflicts of interest, we take into account the personal and financial interests of our shareholders, directors and employees (Personnel) to ensure we always provide services that are in the best interests of our clients. 

We have prepared this conflict of interest policy (Policy) to set out how we manage conflicts of interest that may arise and what we have put in place to minimise actual conflicts of interest from arising. 

If you cannot understand this Policy, you can contact us and we will explain the Policy using your preferred method of communication (meaning by telephone or in person).

Scope of this Policy

This Policy applies to all our Personnel including all the Personnel of all our companies providing services to NDIS Participants. 

Purpose of this Policy

The purpose of this Policy is to ensure that we are transparent in declaring and managing conflicts of interest and to ensure all our Personnel are aware of their obligations under law to declare and manage conflicts of interest. 

What is a conflict of interest?

There are different types of conflicts of interest such as:

  • Personal conflicts of interest: where one of our Personnel has an interest (or one of their family members or close friends has an interest) which can influence how they deliver services to our clients or where they can be influenced when providing the services to our clients. 
  • Financial conflicts of interest: where we or our Personnel have a financial interest (for example in another company) which can influence or affect the services that we deliver to our clients. 
  • Conflict of duties: where the duties of our Personnel are not aligned with the duties they owe to our clients or to another company. 

Conflicts of interest can be: 

  • Real: a real conflict of interest arises when the conflict of interest actually exists – which means the conflict of interest has been identified and confirmed. 
    •
  • Potential: a potential conflict arises when there is a situation which may at some time in the future impact on the services, we deliver to our clients. 
  • Perceived: a perceived conflict is when a client, or a third party, may believe that our interests, or those of our Personnel are in conflict (even if no such conflict actually exists). 
    •

    Conflicts of interest can occur naturally and are not an indication that either we or our Personnel are acting improperly. All types of conflicts of interest must be actively managed to ensure our clients receive services which are appropriate for them.  

    Our conflict of interest

    We recognise that there is the potential for a real or perceived conflict of interest to arise as we are delivering different types of services to clients receiving NDIS funding. A potential or perceived conflict of interest may arise where we provide more than one type of service to a particular client. 

    Some of our Personnel may also have responsibilities across the various service areas, which creates a potential conflict of interest. 

    How we manage conflicts of interest 

    Generally 

    In delivering our services we will ensure, and all our Personnel must ensure that:

    1. we avoid participating in sharp practices; 
    2. we declare and proactively manage all perceived or actual conflicts; 
    3. we provide all clients with transparent and factual information and advice about which supports are best suited to our client’s needs; 
    4. all clients receive services from Personnel who have the skills to assist them; 
    5. there is no preferential treatment given to any client; 
    6. our Personnel do not seek or receive any benefit from a client; 
    7. client complaints are taken seriously; 
    8. all service agreements provide clients with the flexibility to stop some or all services; and
    9. if a client is concerned about a conflict of interest, they can terminate or modify their services at any time. 

    Disclosure 

    We are fully transparent about the relationship between all our companies and disclose the potential conflict of interest by: 

    1. publishing this Policy on the website of all our companies; 
    2. proactively informing clients of the fact that all our companies are related companies (which means they are financially linked); and
    3. ensuring any company who recommends a linked company, warns the client that there is a potential conflict of interest. 

    Where one of our companies is recommending services that it is not directly delivering to a client, all Personnel:

    1. must immediately disclose and explain if we, or our Personnel, have an interest in the services, or provider of the services, being recommended; 
    2. where possible, provide the client with at least two other recommendations of unrelated providers which may be suitable for the client; and
    3. ensure that the client is provided with a conflict of interest declaration and consent form and that appropriates notes are made on the client records. 

    Segregation of Information 

    We use different client management systems for our companies. This means that any Personnel who is a plan manager will not have access to information from our other companies. 

    Confidentiality and Privacy 

    We have the required internal policies in place to protect client confidentiality and privacy. 

    Record Keeping and Quality Management 

    We have a conflicts of interest register which is regularly updated. All our Personnel are aware of their obligations to manage and disclose conflicts of interest. 

    We have a robust quality management system which includes internal policies and procedures that our Personnel must follow. 

    Staff education and training 

    We train all our Personnel on the importance of disclosing and managing conflicts of interest. 

    Responsibilities of all Personnel 

    It is the responsibility of all Personnel working for us and all related companies to behave, ethically, morally and in accordance with all laws and regulations. All Personnel must:

    1. manage, document and report all conflicts of interest; 
    2. act in the best interests of our clients; 
    3. ensure that all clients are aware that they have the right to choice and control and they can make their own decisions; 
    4. ensure that clients are aware that they can engage a provider of their choice and that it will not impact on the delivery of services that we may provide; 
    5. not directly or indirectly (whether by words, actions or omissions) influence the decision making of a client; 
    6. not accept any gifts including money, services or benefits from a client; and
    7. not engage in sharp practices. 

    Responsibilities of plan managers

    Personnel that are plan managers have to closely manage conflicts of interest due to their role and the relationship they have with their clients. We have the following processes in place to ensure appropriate management of conflicts of interest:

    1. Personnel employed by Provider Choice as plan managers:
      1. only provide plan management services to clients;
      2. do not have access to client records for clients of other companies; 
      3. process all invoices according to internal processes and procedures and do not process invoices from a related company preferentially; 
      4. ensure that all invoices are processed in accordance with a client’s instructions and in accordance with their NDIS plan, 
    2. if a plan manager recommends a service to a client, they must promptly declare that there is a potential conflict of interest if the recommended service is from a related company and provide recommendations of similar services from unrelated companied as well. 

    Conflict Management 

    We have appointed a Conflicts Officer who is responsible for:

    1. ensuring all companies have a conflicts of interest register which is regularly maintained; 
    2. advising on the disclosure and management of conflicts of interest;
    3. investigating alleged breaches of the conflict of interest policies; and
    4. reviewing and updating this Policy and all internal policies relating to the disclosure and management of conflicts of interests. 

    If you have any questions about how we manage conflicts of interests or would like more information, please contact us at: shop@fam.life

    Last update: 2 August 2024