NDIS Service Provision vs Independent Advocacy – what’s the difference?
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, ‘independent advocacy’ is defined as:
“Advocacy that is independent of the Agency, the Commission and any NDIS providers.”
This means independent advocacy must be:
- Free from real or perceived conflicts of interest
- Unconnected to any provider delivering NDIS supports
- Directed by the will and preferences of the person with disability.
Independent advocacy is most commonly funded through the National Disability Advocacy Program (NDAP) and delivered by specialist, non-provider organisations.
Why providers cannot offer independent advocacy
NDIS providers—whether registered or unregistered—must not offer, market, or present their services as independent advocacy, regardless of whether the service is provided free of charge.
Even if a participant is not receiving other supports from your organisation, you are still an NDIS provider and are not considered independent under the legislation.
Doing so may:
- Breach the NDIS Code of Conduct, particularly around integrity and conflicts of interest
- Risk misleading participants and compromising their choice and control
- Contravene the Australian Consumer Law if services are promoted as ‘independent’ when they are not.
What can providers do instead?
While providers must not offer 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.
Risks and consequences
The NDIS Commission may take action if a provider is found to:
- Market services as ‘independent advocacy’
- 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.