Updated and Effective from: October 2024

Purpose

• To explain the Non Compete clause in every Helper’s Contract for Services to Members and Helpers

Policy

• Helpers engaged with Lend A Friend should not compete with Lend A Friend. This means:
  • Not working independently with Members met through Lend A Friend
  • Not using or providing information (like Member details or Lend A Friend processes) learnt while engaged with Lend A Friend to other businesses, including your own business
• All Helpers and Staff working with Lend A Friend have signed contracts which prohibit certain activity while working for Lend A Friend and for a minimum of 6 months after leaving or termination from Lend A Friend. This is to protect:
  • Members, by ensuring shifts with Members are covered by proper insurance, are compliant with NDIS rules, and guided by protective policies
  • Helpers, by ensuring they operate within the NDIS framework, guided by our policies and oversight, and adhering to contract law and legislation
  • Lend A Friend, which as a service based business most values and depends on its Members and Helpers
• Any breach of the prohibited activities should be reported to the Lend A Friend admin team immediately. Failing to do so:
  • Could put Members at risk
  • Will put Helpers in breach of contract, which is means for legal action and injunctive relief
• If Members wish to receive services which are not related to disability care or support work, and these services are not offered by Lend A Friend (e.g. Services not related to or covered by NDIS, like plumbing) but are offered by the staff member, then working with the Helper in this capacity is permitted
  • This should be arranged outside of Lend A Friend service time
  • These services will not be covered by Lend A Friend insurance and the Helper will not be provided with work cover or support from Lend A Friend for problems which may arise in this context
  • Lend A Friend can’t be held liable for issues with these services
  • Lend A Friend should be made aware of these services as its a potential conflict of interest, and Lend A Friend should provide written approval before these services are provided

Prohibited Activities for Helpers

Prohibited activities for workers (Helpers) while under contract for services for Lend A Friend Pty Ltd and during the 1 Year restricted period post termination are listed below.

• Accepting bookings from Members without use of the Lend A Friend Software App
  • Bookings made outside of the app may not be covered by insurance, leaving the Participant and Helper at risk
  • Bookings made by phone call, email, text, social media, or in person should all be added into the phone app, and shown to Participants by Helpers during the shift
• Trying to convince Members to work independently with the Helper, their business or alternative competing businesses
  • Working independently in this case means working with the Participant without the knowledge of Lend A Friend, billing the Participant privately, or accepting cash payments from the Participant outside the scope of reimbursement of cash spent on shift
  • This is a breach of contract law and can be means for immediate legal action. If a staff member offers private services which are offered by Lend A Friend, please contact the admin team at your earliest convenience
    • [email protected]

Related Information and Documents

Non Solicitation policy

Timesheet & Invoicing Policy

Non compete clauses signed by Helpers:

1. For a period of 6 (Six) months after your engagement with the Company has been terminated for whatever reason, you must not, within the Adelaide region, be engaged as an employee, independent contractor, adviser or in any other capacity in any business which, in the reasonable opinion of the Company, is in competition with the Company in the business of disability support funded by the NDIS.
2. You acknowledge that any breach by you of this clause would cause irreparable harm and significant damage to the Company and accordingly that the Company has the right to seek and obtain immediate injunctive relief in relation to any such breach.