Australian Government - Department of Health - Office of Hearing Services
Hearing Services Program

Conflict of Interest Clause

Information on the Conflict of Interest Clause in the Service Provider Contract 2018-2019.

The Service Provider Contract 2018-2019 contains an additional clause under Section 7 Service Provider Warranties (7.2) (h) below

  1. to the best of its knowledge, after making diligent inquiry, at the date of signing this Contract no Conflict exists or is likely to arise in the performance of obligations under this Contract by the Service Provider or the Service Provider Personnel, or if a Conflict does exist that Conflict has been disclosed to the Commonwealth in writing prior to the date of signing of this Contract.

“Conflict” is defined in the contract as any conflict of interest, any risk of a conflict of interest and any apparent conflict of interest arising through the service provider (or the service provider Personnel) engaging in any activity or obtaining any interest that is likely to conflict with or restrict the service provider in performing the services fairly and independently.

This means that the service provider must tell the Commonwealth prior to signing the contract about any conflict that will, or may affect, the delivery of services and compliance with the contract.

An example of a conflict in this context would be a service provider having a substantial interest in a business that provides hearing services outside the Hearing Service Program. The actual or perceived conflict is in providing services to program eligible clients in a private capacity where there is opportunity to not provide information to clients about the availability of the program or to manipulate the availability of program services so that clients may be or are, directed to the private services.

 

Conflict of Interest Clause (PDF 79 KB)

Service Provider Contract 2018-2019

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