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Supporting Your Independence Through Ethical, Transparent Supply of Assistive Technology

Assistive Technology (AT) products play a crucial role in enabling aged, disabled, and injured individuals to optimise their health and wellbeing. AT supply is often funded through federal and state government programs or is paid for by end users directly.

Federal programs such as DVA’s Rehabilitation Appliances Program (RAP) and State programs such as Queensland’s Medical Aids Subsidy Scheme (MASS), NSW’s Enable program, and Victoria’s Statewide Equipment Scheme (SWEP) operate under government policies that prevent financial benefit from AT supply, ensuring independent recommendations.

The two most prominent programs for funding AT support are the NDIS and Home Care Packages (HCP), both of which were established on a foundation of individual choice and control.

At Independent Living Specialists (ILS), we believe your funding should always empower your choice, free from hidden influences or commercial pressure, ensuring you maintain genuine choice and control over your care decisions. This guide explains:

  • What a conflict of interest is
  • How referral practices are regulated under NDIS and HCP
  • What you can ask to protect your rights
  • Why transparency matters when choosing equipment or suppliers

What Is a Conflict of Interest?

A conflict of interest can occur when someone involved in your care or support could benefit personally or financially from a recommendation they make. This might impact their ability to offer independent advice.

Conflicts of interest can be:

  • Actual – it’s already happening
  • Potential – it could happen
  • Perceived – it looks like it might be happening, even if it isn’t

You have a right to advice and referrals based on what’s best for you, not what benefits someone else.

If You’re An NDIS Participant

The NDIS has strong protections in place to prevent conflicts of interest. These include:

Independent Advice Is Required

Allied health professionals, like Occupational Therapists (OTs), must provide advice when recommending certain types of assistive technology (AT). For higher risk or mid-to-high-cost assistive technology, you’ll need written advice from an AT advisor before purchase. (See: “What do we mean by advice or an assessment?”, NDIS Guidelines).

They must act in your best interests, not those of any supplier or organisation. Allied health providers play a critical role in supporting the participant to select the right AT and ensure the best outcome for the participant. (See: “Allied health providers“, NDIS website).

No Referral Incentives

NDIS rules clearly prohibit anyone involved in your plan from accepting gifts, payments, or other rewards for sending you to a particular provider or supplier. NDIS providers should not give, ask for, or accept any inducement or gift that impacts or may impact on the way it provides supports or services under the NDIS, including any referral arrangements with other providers. These are considered serious breaches. (See: “Code of Conduct Provider Guidance“, Section 4, pages 22-23)

Sharp Practices Are Not Allowed

The NDIS Code of Conduct warns against any inducements such as free gifts, commissions, or discounts that could influence decisions. The term ‘sharp practices’ refers to a range of practices involving unfair treatment or taking advantage of people, including over-servicing, high pressure sales and inducements. This includes situations where:

  • A provider refers you to a business they have a financial interest in (e.g., they own or work for the supplier)
  • A therapist’s recommendation is influenced by a referral arrangement

Think of it like this: a doctor prescribing medication shouldn’t also own the pharmacy that sells it. (See: “Code of Conduct Provider Guidance“, Section 4, pages 23-24).

Disclosure Is Mandatory

Providers must clearly explain any relationship—financial or otherwise—that could be seen as a conflict of interest. NDIS providers should disclose to the people with disability they support or who are seeking support, any conflicts of interest – potential or real – that may impact on how they deliver supports and services to that person. You have the right to know. (See: “Code of Conduct Provider Guidance“, Section 4, pages 22-23).

If You’re Receiving a Home Care Package (HCP)

Protections under the HCP system are different but evolving. While your right to choose remains just as important, the rules around conflicts of interest currently rely more on internal policies and ethical practice.

Important note: From 1 November 2025, the new Aged Care Act will strengthen consumer protections

(See: “New rights-based Aged Care Act“, OPAN – Older Persons Advocacy Network).

Here’s what to be aware of:

Ask About Financial Arrangements

Unlike the NDIS, the Home Care Package system has less specific regulatory guidance about referral incentives between providers and suppliers. Your HCP provider may limit your choice of equipment suppliers to a specific panel, and these arrangements sometimes involve financial benefits to the provider.

Questions you may want to ask your provider directly:

  • Are there any financial arrangements between you and the suppliers you recommend such as a rebate or commission?
  • Do you receive any benefits or payments when I purchase from your recommended suppliers?
  • Are any discounts from suppliers passed on to me?
  • How do you ensure your recommendations are in my best interest?

Under Australian Consumer Law, you have rights to transparent information about services you’re purchasing. (See: ‘Home care – a guide to your consumer rights’, ACCC)

Choice and Control

Care recipients have rights under the Charter of Aged Care Rights to “make decisions about their funded aged care services, with support when they want or need it” and to have “choice in how their care is delivered.” This means you can choose your providers and how your services are delivered to meet your needs. (See: “Charter of Aged Care Rights“, Aged Care Quality and Safety Commission)

Consumer Law Protection

Consumers have rights under Australian Consumer Law for home care services, with the same protections whether using government funding or private payment.

You can change providers for any reason including to get a better deal, to better meet your needs, or because there have been problems. (See: “Home care services“, ACCC and “Home care – a guide to your consumer rights“, ACCC).

Occupational Therapists (OTs) and Physiotherapists: Bound by Professional Ethics

Allied health professionals, such as OTs and Physiotherapists, are often the key advisors in recommending appropriate assistive technology for clients. Because clients rely on their independent professional judgment, these practitioners are bound by rigorous ethical standards.

All OTs and Physiotherapists, regardless of whether they work within the NDIS or HCP, must follow the AHPRA Shared Code of Conduct that applies to both professions when providing clinical services:

  • They must not accept gifts, payments, or other incentives that could influence their treatment or referral decisions (Section 8.10.e)
  • They must not offer incentives to colleagues for referrals or enter arrangements that could be seen as providing incentives (Section 8.10.g)
  • They must disclose any financial interests they or their family have that could affect your care (Section 8.11.f)
  • They must act in your best interests when making referrals and providing treatment (Section 8.10.b)
  • They must inform you when they have any interest that could affect your care (Section 8.10.c)

Think of it like this: your therapist’s recommendations should be based purely on what’s best for you, not on any financial arrangements they might have with suppliers or other providers.

What You Can Do

You have the power to ask questions and make informed choices. Here are a few ways to protect your interests:

Ask Your Plan Manager or Provider:

“How do you ensure I get the best service and outcomes from my equipment supplier?”

“Do you or the Company you work for receive any discounts, rebates, or other incentives from equipment suppliers? If so, are these savings passed on to me?”

Ask Your Referring OT or Physiotherapist:

“Are you or your organisation linked in any way, financially or otherwise, to the supplier you’re recommending? Are there any conflicts I should know about?”

Choose Best in Class Suppliers

Consider selecting assistive technology providers that work in concert with your Allied Health and Support professionals based on their ability to optimally serve your needs. Look for suppliers who offer:

  • Expert guidance from dedicated teams who understand your specific requirements
  • Free in-home trials to ensure equipment fits your specific environment and needs
  • Professional delivery, installation and setup for safe, effective use
  • Ongoing support and maintenance throughout the product’s lifetime

You’re in Control

Whether you’re choosing a wheelchair, a bed, or postural support equipment, your decisions should always reflect your goals and wellbeing.

At ILS, we’re here to support informed, independent choices—so you can move through life with confidence and clarity.

Raise Your Concerns If Needed

If something doesn’t feel right, or you suspect a conflict of interest, you can speak up:

  • NDIS Participants: Contact the NDIS Quality and Safeguards Commission
    📞 1800 035 544
  • HCP Recipients: Contact the Aged Care Quality and Safety Commission
    📞 1800 951 822
    Or speak with your HCP provider directly through their complaints process.

Disclaimer

This position statement is current as at August 2025 and is provided for informational purposes only. It does not constitute professional, legal, or financial advice.

Recipients of assistive technology from government-funded programs are responsible for understanding the regulations, codes of conduct, and policies that govern their specific funding arrangements and the stakeholders involved in their AT purchase decisions. This includes understanding the obligations and restrictions that apply to Allied Health professionals, plan managers, and other service providers in their particular circumstances.

Individuals should seek independent advice regarding their rights and options under their specific funding programs and consult relevant regulatory bodies or consumer protection agencies if they have concerns about conflicts of interest or inappropriate practices.

References:

NDIS

Aged Care

Professional Ethics

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Independent Living Specialists is Australia's largest medical and homecare equipment supplier with over 60 locations across New South Wales, Australian Capital Territory, Victoria, Queensland and South Australia.