A disability advocate is someone who acts, speaks, or writes to promote, protect, and defend the human rights of people with disabilities. Advocacy plays a crucial role in ensuring that individuals with disabilities can access the necessary support, services, and opportunities to live independently and with dignity. In Australia, both federal and state governments fund independent advocacy to assist those who face complex challenges or lack support from family, friends, or peers to advocate on their behalf.

The Role of an Independent Advocate

An independent disability advocate is a person who:

• Operates separately from organisations that provide disability services or supports.
• Assists individuals with disabilities in exercising choice and control while ensuring their voices are heard.
• Acts according to the direction, preferences, and expressed wishes of the individual with a disability.
• Is free from any conflict of interest that may compromise their advocacy efforts.

Why Independence Matters

Independence is a critical component of effective disability advocacy. A disability advocate must act solely in the best interests of the person they support. If an advocate, or the organisation they work for, stands to gain from influencing the outcome of the advocacy, this creates a conflict of interest (COI) that can undermine the integrity of the support provided.

Understanding Conflict of Interest (COI)

A conflict of interest can arise in various situations. For example, a support worker assisting a person with a disability in filing a complaint against the very organisation that employs the worker would constitute a conflict of interest.

Government-funded independent advocates, however, are free from such conflicts. Their role is solely to support the individual with a disability. This differentiates them from National Disability Insurance Scheme (NDIS) Local Area Coordinators, who focus on linking people with NDIS services and community resources but do not serve as advocates. Likewise, NDIS Support Coordinators assist individuals in managing their plans but may have vested interests in maintaining certain services or funding relationships, limiting their ability to fully represent the direct wishes of the person with a disability.

Do We Still Need Independent Advocacy with the NDIS?

Yes. While the NDIS has improved access to support for many Australians with disabilities, independent advocacy remains essential for addressing more complex, specialized, and critical issues. Advocates assist individuals with matters such as:

• Understanding their rights and responsibilities.
• Navigating discrimination, criminal, and child protection cases.
• Seeking support while in mental health facilities and through mental health review tribunals.
• Resolving disputes over government benefits, pensions, and support services.
• Representing individuals in guardianship, tenancy, and consumer affairs tribunals.
• Accessing housing, education, and other essential services.
• Handling complaints and service provision issues, particularly for those who struggle to speak up for themselves.
• Escaping domestic violence situations.

None of these forms of advocacy are covered under NDIS-funded supports, making independent advocacy a crucial component of ensuring the rights and well-being of people with disabilities.

The Numbers Speak for Themselves

Approximately 460,000 Australians with profound disabilities receive individual funding through the NDIS. However, an additional 3.9 million Australians identify as having a disability, many of whom may also require independent advocacy when facing challenges. The demand for advocacy services extends beyond those who qualify for NDIS funding.

The NDIS does provide some decision-making support and capacity-building services through Individual Funded Packages and the Information, Linkages, and Capacity Building (ILC) program. These services may include:

• Assistance with coordinating NDIS supports.
• Training and skill-building for making informed decisions.
• Resources to help individuals understand their rights and advocate for themselves.
• Information on how and where to lodge complaints about services or support.

However, these supports differ from independent advocacy, which remains crucial in protecting the rights of individuals and ensuring fair access to services.

How to Find an Independent Disability Advocate

If you or someone you know needs independent advocacy support, government-funded advocates are available to help. You can find information on advocacy services near you by visiting the Disability Advocacy Finder.

Disability advocacy is an essential service that ensures individuals with disabilities can navigate complex systems, assert their rights, and receive the support they need without bias or conflict of interest. While the NDIS has improved access to many services, independent advocacy continues to play a vital role in protecting and empowering people with disabilities in Australia. By understanding and supporting advocacy efforts, we can contribute to a more inclusive and equitable society for all.

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