What is a conflict of interest?

A person smiling and pointing at themselves next to a person looking upset. Above them is a conflict of interest icon. The icon is of 2 arrows crashing into each other.

A conflict of interest is when someone makes a decision so they get a better result.

This means that the decision could be unfair.

A conflict of interest icon with a cross next to a Quality Assurance Panel icon. The icon is of 3 people behind a bench.

We don’t want there to be any conflicts of interest with any Quality Assurance Panel members.

A Quality Assurance Panel icon and a behaviour support plan document with a tick.

A Quality Assurance Panel is a group of people who check behaviour support plans.

They decide if a restrictive practice can happen.

They follow the rules in our policy about restrictive practices.

A behaviour support plan document, a person pointing at themselves and a thumbs up with an arrow pointing up.

A behaviour support plan is a document that explains what support a person with disability needs.

It can include restrictive practices.

A conflict of interest icon with a cross next to an external behaviour support practitioner.

We don’t want there to be any conflicts of interest with external behaviour support practitioners.

An external practitioner connected to a Quality Assurance Panel icon and a restrictive practices icon with a tick.

External behaviour support practitioners are people that:

  • need to be on all Quality Assurance Panels
  • help decide if a restrictive practice can happen.

In this bulletin, we just call them external practitioners.

A Quality Assurance Panel icon and a justice scales icon.

All Quality Assurance Panel members should only make fair decisions about if a restrictive practice is okay.

What types of conflicts of interest are there?

There are 3 types of conflicts of interest:

An external practitioner writing on a document next to a change icon.

1. When someone makes a decision so the result is better for them.

For example, if an external practitioner is:

  • on the Quality Assurance Panel

and

  • helped make the behaviour support plan.

A provider and a person having a conversation. Above the provider is a change icon in a speech bubble.

2. When someone might make a decision so the result is better for them.

For example, if a provider asks somebody who used to work for them to be a part of a Quality Assurance Panel.

A provider holding a document with ticks and crosses in it. Above them is a change icon in a thought bubble.

3. When it seems like someone is making a decision so the result is better for them.

For example, if a provider keeps asking the same practitioner to sit on Quality Assurance Panels.

Do you have a conflict of interest?

A conflict of interest icon and a document with a checklist on it. All the checkboxes are ticked.

If you answer ‘Yes’ to any of these questions, you might have a conflict of interest.

Questions for external practitioners

An external practitioner and a provider writing on documents together. Next to them is the provider holding a sign with a Quality Assurance Panel icon on it.

Have you ever worked for the provider who is running a Quality Assurance Panel?

An external practitioner and a person shaking hands. Next to them is the external practitioner looking at a document.

Have you ever worked with the person who wrote the behaviour support plan that you’re looking at?

Were you ever in charge of that person?

An external practitioner supporting a person. Next to them is the external practitioner holding a document with a person on it.

Do you already know the person with disability who the behaviour support plan is for?

Questions for providers

A provider and an external practitioner having a conversation. Above the provider is a Quality Assurance Panel icon in a speech bubble.

Have you ever asked an external practitioner to be on a Quality Assurance Panel because you:

  • know them well?
  • know they will make a quick decision?

A Quality Assurance Panel icon in a speech bubble with a cross. Next to them is a stopwatch.

Have you avoided asking people to come to a Quality Assurance Panel because you wanted it to finish quickly?

For example:

A person writing on a document.

  • people who wrote the plan

A young person raising their hand.

  • the person that the plan will support

A young person with their parents and their sibling.

  • their family or support workers.

A dollar sign next to a provider and an external practitioner having a conversation.

Have you ever asked an external practitioner, who is also an employee with your organisation, to be on a Quality Assurance Panel?

What can you do if you think there is a conflict of interest?

A conflict of interest icon in a speech bubble above a person raising their hand.

If you think there might be a conflict of interest, you must tell the panel members before the Quality Assurance Panel meeting.

A conflict of interest icon in a thought bubble next to a stop icon.

You also have to explain how it won’t affect your decision.

If it does affect your decision, you won’t be able to be part of the Quality Assurance Panel anymore.

There are things you can do if:

A conflict of interest icon in a thought bubble.

  • you think there is a conflict of interest

and

A family of 5 people.

  • you are a person with disability or a member of their family.

A person and a provider having a conversation. Above the person is a conflict of interest icon in a speech bubble.

You can contact the provider and tell them about the conflict of interest.

An email icon.

You can also email us if you think they haven’t solved the problem.

clo@communities.wa.gov.au