Responsibility: Australian Government
Response: Accept in principle
Status: In progress
What has been achieved to date
The NDIS Quality and Safeguards Commission (NDIS Commission) provides referrals to independent advocacy as part of its complaints process. The NDIS Commission also works closely with Disability Representative Organisations, including as part of the Complaints Functions Advisory Committee.
Advocacy is also referenced in participant packs and tips sheets provided by the NDIS Commission.
The NDIA has started work to identify and map advocacy services available for participants living in Supported Independent Living (SIL).
The Agency will then work with the Department of Health, Disability and Ageing and NDIS Quality and Safeguards Commission to coordinate engagement activities to promote these services to participants. Please note the Department of Health, Disability and Ageing administers funding for disability advocacy services and programs.
What the Disability Royal Commission said in the final report
a) The National Disability Insurance Agency (NDIA) should develop a program to connect National Disability Insurance Scheme (NDIS) participants living in supported accommodation with an appropriate disability advocacy organisation. The program should be co-designed with people with disability, disabled people’s organisations, disability representative organisations including member-led First Nations Community Controlled Organisations, and peak bodies.
The program should:
- promote advocacy in the course of NDIS planning processes
- increase awareness of the role of advocacy in disability services among NDIS participants and their families and supporters
- strengthen advocacy referral processes when participants and their families and supporters raise concerns, make complaints or report incidents
- foster relationships between NDIS participants, their families and supporters, and disability advocacy organisations
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strengthen collaboration between disability service providers and disability advocacy organisations to enable advocates to maintain periodic contact with people with disability so they can identify potential or emerging issues
The program should commence by January 2025. Following an evaluation of the program’s impact and outcomes, the NDIA should consider expanding the program to reach other groups of people with disability who are identified as being at heightened risk of violence, abuse, neglect or exploitation.
b) The NDIS Quality and Safeguards Commission, when reviewing complaints and reportable incidents, should also actively promote the value of independent advocacy for NDIS participants identified as being at heightened risk of violence, abuse, neglect or exploitation, and/or those who live in supported accommodation.
Australian Government Response July 2024
The Australian Government is committed to strengthening safeguards for NDIS participants. Free advocacy supports are already available through the National Disability Advocacy Program. NDIS support coordinators and providers can refer NDIS participants to these advocacy organisations directly to request individual disability advocacy services or participants can approach these services directly for assistance.
The NDIS Commission is also committed to continuing to promote the value of independent advocacy for NDIS participants who require it.
The NDIS (Complaints Management and Resolution) Rules 2018 require that the NDIS Commissioner take reasonable steps to ensure that a person making a complaint, and people with disability affected by the complaint, are provided with information about accessing an independent advocate.
More recommendations
View progress on other recommendations made by the Royal Commission.