Ndis partners in the community program

10.2The Q&A states – ‘An Applicant applying to deliver ECEI Services may be a Registered Provider of Supports, but will be expected not to deliver funded supports to any particular individual other than in exceptional circumstances.’ What are ‘exceptional circumstances’ and how are they determined?

The eligibility criteria set out in paragraph 4.1.1.4 of the Program Guidelines provides:

An Applicant applying to deliver ECEI Services may be a Registered Provider of Supports or may propose a subcontractor to deliver ECEI Services which is a Registered Provider of Supports, where the Applicant demonstrates to the reasonable satisfaction of the Agency that exceptional circumstances exist. In considering whether exceptional circumstances exist, the Agency will consider:

1. 
   whether there are any alternative providers of ECEI Services who are not Registered Providers of Supports;
   

11.the Applicant's proposed mitigation approach to manage this actual, potential or perceived conflict of interest.

If an ECEI Services Partner or subcontractor is a Registered Provider of Supports, there will be detailed, comparative monitoring of the length of time and level of funded supports provided.

The Agency expects that neither an ECEI Partner nor a subcontractor which is a Registered Provider of Supports will deliver services to individual participants (0 – 6 year olds) in a Service Area in which the ECEI Partner is providing ECEI Services other than in exceptional circumstances and with the Agency's approval. In considering whether such exceptional circumstances exist, the Agency will require the Applicant to demonstrate processes that consider:

1. 
   whether families with additional needs would be unable, or unlikely to engage with a separate Registered Provider of Supports after significant effort has been taken by the Applicant to develop rapport and trust;
   
2. 
   the availability of appropriate supports from other Registered Providers of Support; and
   
3. 
   the Applicant's proposed mitigation approach to manage this actual, potential or perceived conflict of interest.
   

Clause 34 of the draft Grant Agreement sets out the obligations on any successful ECEI Partner (or any approved Subcontractor providing ECEI Services) in managing conflicts of interest where the Partner or an approved Subcontractor is a Registered Provider of Supports. In particular, clause 34.3 or clause 34.6 (as applicable) sets out detailed obligations on the Partner in relation to the implementation of management strategies for the provision of the ECEI Services.

Clause 8.2.6 of Annex E to the Statement of Requirements (ECEI Services) sets out further requirements in relation to an ECEI Partner or approved Subcontractor who is a Registered Provider of Supports in relation to the funded supports that are approved by the Agency in an individual participant's Plan, including the circumstances where the provision of these disability services would be permitted.