News

It’s important that NDIS providers, NDIS participants, peak bodies, and sector stakeholders understand the distinction between support services and independent advocacy under the NDIS Act 2013.

What is independent advocacy? 

Under Section 9 of the NDIS Act 2013, an ‘independent advocate’ is defined as:

“a person who:

(a) is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability; and

(b) provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them; and

(c) acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights; and

(d) is free of relevant conflicts of interest.”

Independent advocacy is most commonly funded through the National Disability Advocacy Program (NDAP) and delivered by specialist, non-provider organisations.

When can providers offer independent advocacy

NDIS providers—whether registered or unregistered—must not offer, market, or present their services as independent advocate for a person with disability, if they also provide NDIS supports or services to that person. This is the case regardless of whether the independent advocacy service is provided free of charge.

Doing so may: 

• Breach the NDIS Code of Conduct;
• Risk misleading participants and compromising their choice and control; and
• Contravene the Australian Consumer Law if services are promoted as ‘independent’ when they are not.

Other assistance that can be provided

While providers may not be able to provide independent advocacy, they can support participants in other ways:

• Refer participants to a genuine independent advocacy organisation (e.g. NDAP providers)
• Provide factual information about the NDIS or service options (without influencing decisions)
• Support participants to access decision-making supports, interpreters, or family involvement where appropriate.

Providers can also build relationships with local advocacy organisations to facilitate warm referrals while maintaining clear role boundaries.

Independent Advocacy vs Advocacy

NDIS providers play an important role in delivering safe, person-centred supports and are expected to act in the best interests of the participants they support. While this includes listening to participants, responding to concerns, and promoting choice and control, it is distinct from the role of an independent advocate.

Advocacy involves acting solely on behalf of the participant without conflict or competing interests—something a service provider delivering supports cannot objectively offer. Even with good intentions, assuming an advocacy role may unintentionally compromise a participant’s autonomy, limit transparency, or inhibit complaints.

Providers must instead support participants to access independent advocacy by informing them of their rights, cooperating with advocates, and respecting the advocate’s role in protecting the participant’s interests. Under the NDIS Code of Conduct and Practice Standards, this separation of roles ensures integrity, professional boundaries, and stronger safeguards for participants.

Risks and consequences

The NDIS Commission may take action if a provider is found to:

• Market services as ‘independent advocacy’ for participants to whom they provide NDIS supports and services.
• Influence participants’ decisions through advisory roles that are not impartial
• Blur the line between funded supports and representational roles.

Action may include formal warnings, compliance notices, banning orders or deregistration.

Key tips for providers

• Review your public-facing materials – Remove any references to ‘advocacy’ unless clearly referring to external, independent services.
• Be clear in your communication – Avoid misleading language that could confuse advisory or coordination services with independent representation.
• Have a conflict of interest policy – Ensure your team understands how to recognise and manage real or perceived conflicts.
• Respect participant rights – Promote genuine choice and control at every interaction.

More information 

To find out more or to lodge complaints or concerns: www.ndiscommission.gov.au/contact-us. 

To find independent advocacy organisations: Disability Advocacy Finder | Ask Izzy.