Summer Foundation Identifies SIL Agreements & Third Line Forcing (Competition Law) Issues
It was really refreshing to see Summer Foundation call out some SIL agreements and also old school providers as practising third line forcing. This is an unlawful anticompetitive behaviour where the use of a service or product by one party, forces the second party to use the services of a third party.
The Australian Competition and Consumer Commission has a simple explanation .
What Can I Do if I’m Being Forced or Pressured to Use a Provider
Firstly this is a breach of the NDIS Act and various rules. Report it to the NDIS Quality and Safeguards Commission
Choice and Control is enshrined in the NDIS. Make use of this powerful regulatory body.
Secondly, especially if they are large providers involved, report it to the Australian Competition and Consumer Commission
They may still prosecute smaller providers, the offending needs to lesson or be likely to lesson competition.
Thirdly, take private action. A Law Firm like Certus Legal does a lot of NDIS work, and also does a lot of Pro Bono (free of charge) work in the NDIS space.
Note that one of our founders Darryl Richards remains involved in this law firm and may be conflicted out from acting in some circumstances.
NDISP is Passionate about Choice and Control
NDISP wouldn’t enter into and such agreement regardless of the lawfulness of it. We are passionate about participants having full choice and control. Our founders will not even be involved in another business that provided personal care or support work. We are adamant that housing and support/personal care should be fully separate and really like the proposed 20 20 20 rule, that is a provider of support can not have more than 20 percent of the same staff, 20 percent of the same board or 20 percent of the same ownership as the housing provider. So companies can’t just separate out. This should extend to spouses also. There is simply no need to try and do it all, do what you do and do it well.
NDISP has multiple shared properties where there is more than one SIL provider supporting the residents that live in them. That is a great example of choice and control.