Updated and Effective from: December 2024

Purpose

This policy outlines the company’s approach to addressing unauthorized arrangements between Support Workers (Helpers) and NDIS Members (or past Members) outside the company’s involvement. Such arrangements undermine the company’s operations, pose potential risks to Members, and contravene the principles of trust and ethical conduct.

Policy

Lend A Friend values the relationships it fosters between its Members and Support Workers and invests significant time, effort, and resources in managing these arrangements. To protect the company’s interests and ensure ethical conduct, the following policy will apply:

1. Prohibition of Unauthorized Engagements

   Helpers are prohibited from providing services directly to Members or former Members without the company’s explicit involvement and written approval. This includes, but is not limited to, direct arrangements for paid or unpaid support services. All services provided must be logged within the Lend A Friend scheduling software.

2. Notification of Violation

   If Lend A Friend becomes aware of a breach of this policy, it will notify the parties involved and investigate the matter. Both the Member and the Support Worker will have the opportunity to respond to the allegations.

3. Liquidated Damages

   In the event of a confirmed breach of this policy, Lend A Friend reserves the right to impose liquidated damages to recover its losses and protect its legitimate business interests. The liquidated damages amount will be calculated as follows:

   • A sum equivalent to the number of hours of support the Helper provided the Member, multiplied by the rate Lend A Friend had previously been billing the Member for these hours, Multiplied by the percentage fee Lend A Friend was charging the Helper, for a period of up to six months.
   • In cases where the above calculation can’t be determined, a minimum liquidated damages fee of $5,000 will apply.
   • Example of liquidated damages fee:
     • Where the Helper is providing 15 hours of services per week, the Member was billed $60/hour on average, and the fee to Helpers from Lend A Friend was 25%, at the 6 month mark of engagement with the Member the Helper would owe:
       • 15 hours per week X $60/hr X 26 weeks = $23,400 of billables earned
       • $23,400 earned X 25% fee = $5,850 owed to Lend A Friend in liquidated damages

4. Payment Terms

   • The liquidated damages must be paid within 30 days of issuance of a formal notice from the company.
   • Failure to comply may result in legal action to recover the amount owed, along with any associated legal costs.

5. Confidentiality

   All matters related to breaches of this policy and the enforcement of liquidated damages will be treated with strict confidentiality to protect the privacy of all parties involved.

Exceptions

Lend A Friend may grant exceptions to this policy on a case-by-case basis, provided that the Helper and Member obtain written approval from the company prior to entering into any direct arrangement.

Acknowledgment

By engaging with the company, all Helper/Support Workers and Members agree to abide by this policy. This policy is referenced in the company’s Terms and Conditions and forms part of the contractual obligations between the parties.

Related Information and Documents

Non Solicitation policy

Non Compete policy