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

Yes. Registered NDIS providers must have documented governance processes that identify and manage conflicts of interest, as required by the NDIS Practice Standards (Governance and Operational Management) and reinforced by the NDIS Code of Conduct. The strengthened 2026 registration framework increases auditor scrutiny of these arrangements.

Does a conflict of interest policy only cover financial conflicts?

No. A compliant NDIS conflict of interest policy must address actual, perceived, and potential conflicts, including personal relationships, family connections, and professional affiliations — not just financial interests. For SIL providers, conflicts involving accommodation decisions and referral pathways are particularly common.

What should a conflict of interest register contain?

The register should record the name and role of the person declaring, the nature and type of conflict, the date it was declared, the management action taken (such as recusal or increased oversight), and the date the matter was resolved or closed. It must be actively maintained and reviewed regularly.

What happens if an NDIS worker does not disclose a conflict of interest?

Non-disclosure can constitute a breach of the NDIS Code of Conduct, which carries consequences including Commission investigation, banning orders, or civil penalties. It may also trigger internal disciplinary action up to and including termination of employment or engagement.

How often should a conflict of interest policy be reviewed?

Best practice and most auditor expectations align on a minimum two-year review cycle, with earlier review triggered by significant organisational change, a material change in the NDIS Practice Standards or legislation, or following any identified non-compliance or incident involving a conflict.

Do SIL participant support coordinators need to declare conflicts separately from the provider?

Yes. Where a support coordinator is employed by or engaged with a SIL provider, they must declare any conflict between their coordination role and the interests of the participant — for example, if they are recommending accommodation or supports provided by the same organisation. Participants must be informed of this relationship as part of their right to choice and control.

NDIS conflict of interest policy example (filled-in sample)

Why SIL providers need a conflict of interest policy

The NDIS Commission requires all registered NDIS providers to have documented processes that prevent conflicts of interest from compromising the rights, safety, or best interests of participants. For Supported Independent Living (SIL) providers, this requirement carries particular weight because the same organisation often coordinates housing, supports, and staff rostering — creating natural situations where commercial interests could conflict with a participant's right to choice and control.

Under the NDIS Practice Standards (Core Module — Human Resources and Governance), providers must demonstrate that conflicts of interest are identified, declared, and actively managed. The strengthened 2026 registration framework places additional scrutiny on governance arrangements, meaning auditors will specifically look for evidence that your conflict of interest policy is operational, not merely a document on a shelf.

The NDIS Code of Conduct also obligates all workers and providers to act with honesty and transparency. Undisclosed conflicts — for example, a manager approving a contract with a business in which they hold a financial interest — can constitute a Code of Conduct breach independently of any other failing.

What a compliant policy must cover

Before reviewing the filled-in sample below, it is useful to understand the structural elements auditors expect to see in any conflict of interest policy for a registered NDIS provider.

Scope: Who the policy applies to — board members, employees, contractors, volunteers, and any person in a decision-making role.
Definition of conflict of interest: Actual, perceived, and potential conflicts must all be addressed, not just financial ones.
Disclosure obligations: When and how a conflict must be declared, and to whom.
The conflict register: A maintained, dated record of all declared conflicts and the action taken.
Management options: The range of responses — from increased oversight and recusal through to removal from a role or contract.
Review cycle: How often the policy is reviewed and who is responsible.
Consequences of non-disclosure: What happens if a conflict is not declared.

Filled-in sample: NDIS Conflict of Interest Policy

The following is a realistic filled-in policy excerpt suitable for a small-to-medium SIL provider. Adapt it to your organisation's structure, size, and governance model before use. Do not use it verbatim without review by someone familiar with your specific circumstances.

Organisation name: Sunrise SIL Services Pty Ltd
Policy title: Conflict of Interest Policy
Policy number: GOV-004
Version: 2.1
Approved by: Board of Directors
Review date: June 2027

1. Purpose

This policy ensures that Sunrise SIL Services Pty Ltd identifies and manages conflicts of interest so that decisions made on behalf of NDIS participants are based solely on their needs, goals, and best interests. This policy supports compliance with the NDIS Practice Standards, the NDIS Code of Conduct, and the Corporations Act 2001 (Cth) where applicable.

2. Scope

This policy applies to:

All members of the Board of Directors
The Chief Executive Officer and all members of the executive leadership team
All paid employees, whether full-time, part-time, or casual
Contractors, labour-hire workers, and volunteers who participate in decisions affecting participants or procurement

3. Definitions

Term	Meaning
Actual conflict	A person's private interest directly influences, or has already influenced, a decision made in their official capacity.
Perceived conflict	A reasonable person could conclude that a private interest might improperly influence a decision, even if it has not done so.
Potential conflict	A private interest exists that could, in future circumstances, influence a decision.
Private interest	Any financial, personal, professional, or family interest that could influence — or appear to influence — a decision.

4. Examples specific to SIL operations

The following are examples of conflicts that must be disclosed under this policy:

A coordinator of supports holds a financial interest in an allied health practice to which participants are referred.
A support worker is a family member of a participant they are rostered to support, where this has not been disclosed and approved.
A director approves a maintenance contract with a company in which a family member is a director or shareholder.
A manager responsible for support plan sign-off receives gifts or hospitality from an assistive technology supplier above the threshold set in our Gifts and Benefits Policy (GOV-006).
A staff member advocates for a participant to move to accommodation owned by a related entity of the organisation.

5. Disclosure procedure

Any person covered by this policy who identifies an actual, perceived, or potential conflict must disclose it as soon as practicable and in any case before participating in the relevant decision.
Disclosure must be made in writing using the Conflict of Interest Declaration Form (GOV-004-F1), submitted to the person's direct manager or, where the conflict involves the manager, to the CEO or the Board Chair.
The person receiving the disclosure must record it in the Conflict of Interest Register (GOV-004-R1) within two business days.
Board members must disclose conflicts at the commencement of any meeting where the relevant matter is to be discussed, and this must be recorded in the minutes.

6. Managing conflicts

Once a conflict is declared, the responsible manager or board chair will determine the appropriate management action from the following options, documented in the register:

Recusal: The person removes themselves from the decision-making process entirely.
Increased oversight: The decision is reviewed or co-signed by an independent person.
Disclosure to participants: Where a conflict may affect a participant's support, the participant (and/or their representative) is informed.
Divestment or resignation: In serious or ongoing conflicts, the person may be required to divest the interest or step back from the role.

7. Conflict of Interest Register

The Quality and Compliance Manager maintains a Conflict of Interest Register. The register records: the name and role of the person declaring; the nature of the conflict; the date declared; the management action taken; and the date the matter was resolved or closed. The register is reviewed by the CEO quarterly and tabled at each Board meeting.

8. Non-disclosure consequences

Failure to disclose a conflict of interest is a serious matter. Depending on the circumstances, it may constitute a breach of the NDIS Code of Conduct, a breach of employment obligations, or a reportable incident under the organisation's Incident Management Policy (OPS-007). Consequences may include performance management, termination of employment or engagement, or referral to the NDIS Commission.

9. Training and awareness

All new staff and board members receive training on this policy as part of induction. A refresher is completed annually as part of mandatory compliance training. Training records are maintained in the HR system.

10. Review

This policy is reviewed every two years or following a material change in the organisation's structure, a relevant change in legislation or NDIS Practice Standards, or following any identified non-compliance.

How auditors assess conflict of interest compliance

When an approved quality auditor reviews your organisation against the NDIS Practice Standards, they will not simply confirm the policy exists. Common areas of scrutiny include:

Whether the conflict of interest register has been actively used, with entries dated and management actions recorded
Whether board minutes reflect disclosure and recusal where relevant
Whether staff can describe the policy and know how to declare a conflict when interviewed
Whether the policy was reviewed following any organisational change (for example, a new board member joining who holds interests in related businesses)
Whether participant-facing decisions — particularly around accommodation, referrals, and support plans — are free from undisclosed conflicts

A policy document with no register entries is a common non-conformance finding. Auditors treat an empty register with scepticism: it may mean conflicts do not exist, but it more often indicates the policy has not been activated in practice.

Keeping your conflict of interest documents audit-ready

The conflict of interest policy sits alongside a broader suite of governance documents required for registered SIL providers. If you are building or refreshing your compliance document set ahead of the 2026 strengthened registration requirements, the 74-document audit-ready SIL compliance kit available through ndiscompliant.com.au includes a fully editable version of this policy, the declaration form, and the conflict register template — alongside the other governance, HR, and practice standards documents auditors expect to see.

Regardless of how you source your documents, ensure every policy is tailored to your organisation, trained to your staff, and evidenced through records — not just filed away as a formality.

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.