Is a conflict of interest policy mandatory for NDIS registered providers?

Yes. The NDIS Practice Standards require registered providers to have governance arrangements that include identifying and managing conflicts of interest. The NDIS Code of Conduct also imposes individual obligations on workers and providers to act with integrity and avoid undisclosed conflicts.

What should a conflict of interest register include?

At a minimum, the register should capture: the name and role of the person disclosing the conflict; the nature of the conflict; the date it was disclosed; the management strategy agreed upon; and the date of resolution or ongoing review. It must be maintained and available to the NDIS Commission on request.

Does the policy apply to board members and contractors, or only employees?

It must apply to all persons exercising influence over organisational decisions or participant supports — including board members, senior managers, employees, contractors, and volunteers. Limiting scope to employees only is a common audit non-conformance.

How often should the policy be reviewed?

At least annually. A review should also be triggered by significant organisational change, a relevant incident, or a change in NDIS Commission requirements. The review date must be current at the time of audit.

What happens if a SIL provider does not disclose a conflict affecting a participant's living arrangements?

Undisclosed conflicts affecting participant decisions can constitute a breach of the NDIS Code of Conduct and Practice Standards, potentially leading to conditions on registration, suspension, or revocation. Depending on the circumstances, the matter may also be referred for investigation.

Does the strengthened 2026 NDIS framework change conflict of interest requirements?

The strengthened framework tightens governance expectations overall, with auditors placing greater weight on evidence of implementation — maintained registers, staff training, and documented management decisions — rather than simply having a written policy. SIL providers should ensure their policies and processes reflect this higher evidentiary standard.

How to write an NDIS conflict of interest policy (2026 template + example)

Why SIL providers need a conflict of interest policy in 2026

The NDIS Quality and Safeguards Commission expects every registered provider to actively manage conflicts of interest as part of good governance. For Supported Independent Living (SIL) providers, this obligation is particularly pressing: you are making decisions about where participants live, who supports them, and which services they access. An undisclosed or poorly managed conflict can undermine participant choice, distort support planning, and expose your organisation to regulatory action.

Under the strengthened NDIS Practice Standards framework taking effect in 2026, governance requirements have been tightened. Auditors are specifically looking for evidence that conflicts are identified systematically, disclosed promptly, recorded in a register, and actively managed — not merely acknowledged in a policy document that sits in a drawer.

This guide walks you through how to write a conflict of interest policy that satisfies NDIS Commission requirements, with a template excerpt you can adapt.

What the NDIS Practice Standards require

The NDIS Practice Standards (governed under the National Disability Insurance Scheme Act 2013 and the NDIS (Provider Registration and Practice Standards) Rules) set out core module requirements that apply to all registered providers. The governance and operational management requirements specifically address conflicts of interest at the organisational level.

The NDIS Code of Conduct also obliges individual workers and providers to act with integrity and to avoid situations where their personal interests conflict with the interests of participants. Importantly, the Code applies to the workforce — not only the organisation — which means your policy must cascade down to every person who delivers supports.

For SIL providers, the higher-intensity supports module and the strengthened 2026 framework place additional expectations on how decisions about participants' living arrangements, support ratios, and service agreements are made and documented.

Step-by-step: how to write your policy

Define scope and purpose
State who the policy applies to: your board or governing body, senior managers, all employees, contractors, volunteers, and any person exercising influence over participant decisions. Clarify that it covers actual conflicts, potential conflicts, and perceived conflicts — all three matter under NDIS standards.
Define what a conflict of interest is
Provide a plain-language definition and then list concrete examples relevant to SIL operations. Examples include: a manager recommending a participant live in a property owned by a family member; a coordinator holding a financial interest in a service provider they refer to; a staff member receiving gifts or benefits from a participant's family.
Set out disclosure obligations
Specify that all relevant persons must disclose a conflict as soon as they become aware of it — before any decision is made, not after. Detail how to disclose: to whom (typically a direct supervisor or the Board Chair for executives), in what form (written declaration), and within what timeframe.
Establish a conflict of interest register
Your policy must require a live, maintained register. Include what is recorded: the name of the person, the nature of the conflict, the date disclosed, the decision made about management, and the outcome. The register must be available to auditors on request.
Describe management options
Not every conflict requires the person to step aside entirely. Your policy should set out a tiered approach to management: monitor and note; restrict the person's involvement in the specific decision; remove the person from all related decisions; or, in severe cases, require divestment of the interest. Document which option was chosen and why.
Cover procurement and participant planning decisions
SIL providers must specifically address conflicts arising in service agreements, support planning, and procurement. Where a provider also controls or is affiliated with other services a participant might use, this must be disclosed to the participant and recorded.
Assign responsibility and set review cycles
Name who owns the policy (typically the CEO or Compliance Manager), who oversees the register, and the review frequency. Annual review is standard; a review must also be triggered by significant organisational change or a relevant incident.
Link to related policies
Cross-reference your Code of Conduct, Gifts and Benefits policy, Complaints Management policy, and Incident Management policy. Auditors look for an integrated governance framework, not isolated documents.
Include consequences for non-disclosure
State clearly that failure to disclose a conflict is a serious conduct matter that may result in disciplinary action, including termination. This signals to your workforce that the policy is enforced, not aspirational.

What to include: policy sections at a glance

Section	What it must cover
Purpose and scope	Why the policy exists; who it applies to (workforce, board, volunteers, contractors)
Definitions	Actual, potential, and perceived conflicts; relevant persons; decision-maker
Disclosure procedure	When, how, and to whom to disclose; written declaration form
Conflict of interest register	Fields, custodian, access, retention period
Management strategies	Tiered responses from monitoring through to exclusion
Participant-facing obligations	Disclosing affiliated services; informed consent; choice and control
Breach and consequences	Disciplinary pathway; reporting to the NDIS Commission if required
Review and accountabilities	Owner; review cycle; Board oversight

Template excerpt: conflict of interest disclosure and management procedure

The following is a realistic excerpt you can adapt for your organisation. This is not legal advice; review with your compliance adviser before use.

[Organisation Name] — Conflict of Interest Policy — Excerpt

5. Disclosure procedure

Any person to whom this policy applies must disclose a conflict of interest — actual, potential, or perceived — as soon as they become aware of it and prior to any related decision being made.

Disclosure is made in writing using the Conflict of Interest Declaration Form (Appendix A) and submitted to the relevant person's direct supervisor. Where the conflict involves a senior manager or Board member, disclosure is made in writing to the Board Chair or a nominated independent Board member.

6. Register

The Compliance Manager maintains a Conflict of Interest Register. Each entry must include: the name and role of the disclosing person; the nature and details of the conflict; the date of disclosure; the management strategy agreed upon; and the date of review or resolution. The register is reviewed quarterly by the CEO and annually by the Board. It is made available to the NDIS Quality and Safeguards Commission upon request.

7. Management strategies

Following disclosure, the responsible manager will determine the appropriate management strategy in consultation with the disclosing person. Strategies include, in order of increasing severity: (a) noting the conflict and monitoring; (b) restricting the person's involvement in the specific matter; (c) removing the person from all decisions and communications relating to the matter; or (d) requiring the person to divest the conflicting interest. The chosen strategy and rationale must be documented in the Register.

Common gaps auditors find in SIL provider policies

No register, or a register that is not maintained. A policy that requires a register but has no actual register entries will be flagged as a non-conformance.
Policy covers employees only, not the board or contractors. All persons exercising influence must be in scope.
No participant-facing disclosure obligation. SIL providers must inform participants when affiliated services are involved in their planning.
No link to the Code of Conduct obligations. The workforce-level Code requirements must be reflected in the policy.
Review date has lapsed. An out-of-date policy is treated as an absence of a policy for audit purposes.
Consequences for non-disclosure are absent or vague. Auditors look for a genuine enforcement mechanism.

Putting it into practice

Writing the policy is only the first step. NDIS Commission auditors assess implementation, not paperwork. Evidence they will seek includes: completed declaration forms, populated register entries, Board minutes noting disclosures, and staff training records showing the workforce understands their obligations.

Train your team at induction and annually thereafter. Include conflict of interest scenarios in training so workers can recognise less obvious situations — such as a support worker whose partner runs a cleaning business used at a SIL property.

If you are building or reviewing your full governance document suite, the 74-document audit-ready SIL compliance kit available at ndiscompliant.com.au includes a ready-to-customise conflict of interest policy, declaration form, and register template alongside incident management, restrictive practices, and other core governance documents — which can significantly reduce the time required to reach audit readiness.

Important: This article provides general guidance about NDIS compliance requirements. It is not legal or professional advice. Requirements may change as the NDIS Commission updates its policies and Practice Standards. Always verify current requirements with the NDIS Quality and Safeguards Commission or a registered NDIS consultant before making compliance decisions.