National Disability Advocacy Framework

Disability advocacy supports people  with disability by ensuring  their rights are maintained,  promoted and valued.

It can enable people with disability  to actively participate in decisions and processes, which advance  their rights, wellbeing and interests.

For some people with disability, this involves  being supported by advocacy services to participate in the  decisions that affect their lives, especially around access  to services and support.

The National Disability Advocacy Framework  2023-2025 (the Framework) is a shared commitment to  disability advocacy between the  Australian, state and territory governments to ensure there is access to  advocacy services for all people with disability nation-wide.

The Framework will allow governments  to work towards the alignment of advocacy services and  standards to improve outcomes and access for people with disability.   In 2008, Disability Ministers requested Australian, state  and territory government officials nationally consistent framework  for advocacy that covered individual and system wide advocacy, common definitions and  desired outcomes and data issues.

The National Disability Advocacy  Framework 2012 (the 2012 Framework) established key outcomes to guide the  provision of advocacy for people with disability and promote greater consistency across  government funded advocacy programs.

Since the 2012 Framework was established, there has been an ongoing  shift within Australia towards recognising and responding to  disability through a social model of disability and  rights based approaches.

This has been reflected in a significantly  changing disability policy and program landscape across  all levels of government since the 2012 Framework  was established.

Individual and systemic advocacy providers  are facing challenges operating within increasingly complex  and intersecting social support systems administered by the  Australian, state and territory governments.

These systems include but are not limited  to the National Disability Insurance Scheme and mainstream supports such as welfare, healthcare, housing and  homelessness, education, employment and justice.

The 2012 Framework has been revised in consultation with people with disability, families and carers,  disability advocacy providers, disability representative organisations  and peak bodies, to support the implementation of Australia’s Disability Strategy 2021-2031  (the Strategy).

The Strategy recognises that advocacy  helps safeguard people’s rights and overcome barriers to their  inclusion and participation in the community.

The Safety, Rights and Justice Outcome Area  under the Strategy acknowledges disability advocacy as  being an important way to enable and support people with disability  to protect and uphold their rights.

This Outcome Area aims to ensure ‘the rights of people with disability are  promoted, upheld and protected, and people with disability feel safe  and enjoy equality before the law’.

People with disability often face barriers  which impede their ability to participate in society resulting in poor life outcomes.

This includes physical, communication,  attitudinal, economic, and systemic barriers.

Advocacy provides people with disability  support and capacity to make and participate in decisions that  impact their lives to ensure their rights are promoted and protected.

The Framework acknowledges there are many  different types of disability advocacy that can support people with disability, and this acknowledgement extends to  informal advocacy supports that may be provided through families,  friends and carers of people with disability.

The scope of the Framework however  is on the provision of disability advocacy funded by  Australian, state and territory governments.

The Framework recognises the experience of disability  often brings disadvantage and impacts how and whether people with disability  can access resources, services and supports.

All members of the community including  people with disability can experience additional  discrimination based on race, sex, gender identity, sexual orientation, impairment, class, religion, age, social origin  and other identity markers.

The Framework is underpinned by a person-centred  and rights based approach, whereby policies and programs are designed  with input from people with disability, are centred on  an individual and their strengths, needs, interest and goals,  and reflect the rights of people with disability.   The following definitions are used in this Framework  to describe disability advocacy.

It is not a complete list of  disability advocacy types that may be available in each jurisdiction: Disability advocacy enables people with disability to participate in the decision-making processes that safeguard and advance their human rights.

Individual advocacy is a one-on-one approach, undertaken by a professional advocate,  relative, friend or volunteer, to prevent or address instances  of unfair treatment or abuse.

Systemic advocacy involves working  for long-term social change to ensure the collective rights and interests  of people with disability are served through legislation,  policies and practices.

Self advocacy is undertaken by  someone with disability who speaks up and represents themselves.

Support and training for self advocacy  is available through community-based groups.

Legal advocacy upholds the rights and interests  of individual people with disability by addressing the legal aspects of  discrimination, abuse and neglect.

Through this Framework, the Australian, state  and territory governments commit to the following objective as the long-term  goal to strive for in the provision of disability advocacy in Australia: People with disability have access  to effective disability advocacy that promotes, protects and ensures their full and equal enjoyment of all human rights,  enabling full community participation and inclusion.

The Framework is informed by, and supports, the implementation of nationally  consistent legislation and policies including but not limited to the: United Nations Convention on the  Rights of Persons with Disabilities Disability Discrimination Act 1992 Australia’s Disability Strategy 2021-2031 National Agreement on Closing the Gap NDIS Quality and Safeguarding Framework   Through this Framework, the Australian,  state and territory governments accept and adopt the following principles to guide the  provision of advocacy for people with disability nationally:   Presumption of Rights and Capacity All people have the right to be free from violence,  abuse, neglect, discrimination and exploitation.

All people have the right to dignity and respect.

All people have the right to communication  and access to information.

All people have the right to safely pursue any  grievance or complaint without fear of retribution.

All people have the right to privacy and confidentiality.

All adults have an equal right to make decisions that affect their lives, and to have those decisions respected.

All adults with disability are presumed to  have capacity to make and take part in decisions affecting  all aspects of their life.

All children and young people with disability  have an equal right to participate, to the extent they are able,  in decisions that impact on their lives.

Decisions that affect people with disability,  including people who may require support to make decisions, must be made in accordance  with their will, preferences and rights.

Decisions that affect people with disability made  by appointed substitute decision-makers must, to the greatest extent practicable, take into account  their will, preferences and rights.

Safeguards and Justice Disability advocacy is an essential tool in safeguarding the human rights  of people with disability.

The rights of all people with disability are  promoted, upheld and protected.

All people with disability feel safe  and enjoy equality before the law.

Individuals are supported to identify and  understand when they have been subjected to violence, abuse, neglect and exploitation and to understand what actions they can  take in response to what they have experienced.

Disability advocacy is inclusive of  legal advice and representation, provided by professional legal services,  where it is required to assist people with disability to exercise their rights.

Participation, Inclusion and Access to Supports Disability advocacy is an essential tool for fostering the full and effective participation and inclusion  of all people with disability in society.

Facilitating effective and appropriate communication with people with disability is an  essential component of disability advocacy.

All people with disability have the right to access quality and independent advocacy supports,  regardless of where they live in Australia.

Accessibility to disability advocacy considers the locational, communication, cultural  and technology needs of people with disability.

Self-Determination Disability advocacy should be directed by the will, preferences and rights of the  person with disability.

Keeping in-line with the principle  ‘Nothing about us, without us’, disability advocates should: ensure the voice of the  individual is understood and heard empower individuals to use their voice through  a person-centred approach by identifying a person’s strengths, and to use  these strengths to maximise their involvement in decisions and outcomes; and foster independence by building  an individuals’ capacity to self-advocate.

Inclusion and Accessibility for  First Nations People with Disability Keeping in-line with the  National Agreement on Closing the Gap: the views and expertise of First Nations  people with disability are heard in the design and delivery  of advocacy supports that affect them Partnerships and shared decision-making  processes are an essential pathway through which First Nations people with disability  can drive the design and implementation of trusted, culturally appropriate,  accessible and inclusive disability advocacy the First Nations community controlled sector  is an essential pathway through which First Nations people with disability can access  culturally appropriate advocacy supports mainstream disability advocacy services implement  and practice meaningful and culturally safe advocacy supports for and  with First Nations people with disability, recognising their strengths, knowledge  and agency First Nations people with disability, communities and organisations are supported to make better decisions about  disability advocacy with access to, and the capability to use,  locally relevant data and information.

Understanding of and Respect  for Intersectionality and Diversity Disability advocacy should recognise  people with disability are not a homogenous group and  that their individual needs and circumstances should be  understood, acknowledged, and met.

Disability advocacy should address all  types of discrimination experienced by a person with disability, including intersecting forms of discrimination  and disadvantage due to race, sex, gender identity, sexual orientation, impairment, class, religion, age,  social origin and other identity markers.

Disability advocacy supports provided in-line with this Framework will contribute to the following outcomes: All Australians enjoy the  same rights and freedoms.

All people with disability enjoy increased  choice, control and wellbeing, exercise their right to make decisions,  are involved in all decision-making processes that affect their lives, and receive  the support they need to make those decisions.

All people with disability are able to  participate in all aspects of the civil, political, economic, social  and cultural life of our communities.

All people with disability can access quality and independent advocacy support,  regardless of where they live.

All people with disability, including those  experiencing multiple disadvantage, are supported to have effective interactions and access  to disability supports and services and/or mainstream services and facilities including supportive, flexible and timely  access to justice and legal advocacy.

All people with disability are empowered and  have opportunities to express their views and wishes about supports and services  they access and how service provision could be improved; and can access a  complaints mechanism and independent support advice when providing feedback or  making a complaint in relation to the supports and services  they purchase or engage.

First Nations peoples with disability have a greater say in how advocacy is  designed and delivered; have access to culturally  and linguistically appropriate, and culturally safe, disability advocacy,  including access to community controlled organisations delivering disability advocacy; and have access to, and the capability to use,  locally-relevant data and information.

All people with disability, including people with disability from culturally and linguistically diverse communities, have access to culturally and linguistically appropriate,  and culturally safe, disability advocacy that features the engagement  and input of relevant local communities.

All people with disability, including women and girls, and people who identify as lesbian, gay,  bisexual, transgender, queer or questioning, non-binary or gender diverse, intersex or asexual, have access to safe, gender sensitive  and inclusive disability advocacy supports.

The demographics of people with disability  receiving individual advocacy reflects the diversity of the communities  that support services are operating in.

People with disability have the  opportunity to be actively involved in all aspects of the development,  delivery and evaluation of disability and broader government policies,  programs and services that impact them.

There is increased community awareness of  the rights of people with disability, the strengths and positive contributions  they bring to society and communities, and the presence and value of advocacy supports.

The administration and planning  around disability advocacy is informed by a nationally consistent and  evidence-based approach to data, and consideration of how advocacy links, coordinates and communicates with  other systems supporting people with disability.

The Framework is supported by a  Disability Advocacy Work Plan (the Work Plan) that will drive the implementation of its  objective, principles and outcomes.

The Work Plan outlines actions to be  undertaken by nominated jurisdictions to support the Australian, state  and territory governments to remain transparent and accountable to the  principles and outcomes under the Framework.

The Work Plan has been jointly developed by the Australian, state and territory governments and was informed by engagement  with people with disability.

Where appropriate, the Work Plan aligns with Australia’s Disability Strategy’s Targeted Action Plans and other legislation, policies and programs  relevant to the provision of disability advocacy.

The Work Plan, further public consultations, and findings from the Royal Commission into Violence, Abuse, Neglect and Exploitation  of People with Disability, will inform updates for a renewed  Framework commencing in 2026.

In agreeing to this Framework,  the Australian, state and territory governments are committing to: Sharing the responsibility for disability advocacy  in their jurisdictions.

How each advocacy program  is developed, funded and managed is the decision and subsequent  responsibility of the funding government.

Working together to achieve an effective network  of disability advocacy across Australia.

This includes supporting the  capacity building of disability advocates and the development of nationally  consistent outcomes for disability advocacy.

Ensuring people with disability are at the centre of designing and implementing  policy and reform that affect them.

This includes implementing  person-centred approaches and co design principles.   Ongoing policy and reform directions in the provision of disability advocacy to achieve  the objective and outcomes of this Framework.

Building awareness across the disability sector  and the community of the rights of people with disability.

Building awareness on the importance of disability advocacy.

Ensuring the funding of disability advocacy is  transparent, accountable and supports equitable outcomes, including identifying and addressing geographical coverage and services gaps.

Collecting, using, and reporting of  nationally consistent and evidence based data for administration and planning of  disability advocacy and improvement of services systems.   Improving coordination and communication between disability advocacy organisations, disability services,  the National Disability Insurance Agency, mainstream services, community-based services and governments to better support outcomes  for people with disability, including promoting linkages between  individual and systemic advocacy.

Implementing disability advocacy services that are inclusive, accessible and culturally safe for  First Nations people with disability, in-line with the National Agreement on Closing the Gap  and the Closing the Gap Priority Reforms.

The Australian, state and territory governments all provide disability advocacy services and there is no mechanism to identify demand, unmet demand, service coverage, standards or funding levels across Australia.

It is challenging to understand where there are gaps in supports from a national perspective.

People with disability seeking advocacy services should be able to access quality, holistic advocacy support in relation to all service systems, regardless of where they live.

In December 2019, the Disability Reform Council agreed the Department of Social Services (DSS), in conjunction with the states and territories, would lead a demand and gap analysis of ‘independent disability advocacy and decision-making supports’.

This project was initiated to better understand the disability advocacy landscape since the implementation of the National Disability Insurance Scheme (NDIS),   especially in response to reports of increased demand on disability advocacy services.

It represents the first step towards governments beginning to work together to achieve an effective network of disability advocacy across Australia.

In March 2020, DSS engaged a consultancy firm, ASK Insight, to conduct this work.

The project was finalised in December 2020 and this report provides a summary of the key findings.

The findings demonstrate a point-in-time snapshot of demand on disability advocacy nationally and are not necessarily representative of the current landscape.

The project did not address the impacts, outcomes or value of disability advocacy.

The project involved discussions with state and territory officials, interviews with eight Disability Representative Organisations (DROs) and the Disability Discrimination Commissioner, and surveying of disability advocacy providers.

Seventy-eight disability advocacy organisations were invited to participate in the survey and 48 responded, which represents a 62% response rate.

The survey included questions about changes in demand, the impact of current demand on their organisations and people with disability, their ability and capacity to meet demand, and the main gaps in disability advocacy service delivery.

Disability advocacy supports range from the informal supports provided by friends and family, through to funded programs of support delivered by independent advocacy organisations.

Definitions of types of disability advocacy and related services, including information services and decision-making supports, provides a foundation for a shared understanding of services, outcomes and responsibilities at a national level.

A list of working definitions was developed as part of this project and is provided at Appendix 1.

All disability advocacy services surveyed reported an increase in demand for advocacy services in the past three years with 70% indicating that this had been a ‘major’ increase in demand, or more than 20% growth.

Disability advocacy services identified the navigation of complex service systems as a key driver of demand for advocacy services.

Complex cases take longer to resolve and typically require more resources and specialist skills.

Disability advocacy providers were asked to indicate what proportion of their advocacy was specifically related to the NDIS.

The average response was 46% of all advocacy support provided, which represents the most common topic advocates assist with.

Issues requiring advocacy support were primarily related to understanding, preparing for and navigating NDIS processes, including review processes and implementing NDIS plans.

Disability advocacy services were additionally impacted by a lack of clarity around role and responsibilities, where disability advocacy services reported being engaged on issues which could be resolved by NDIS support coordinators or NDIA staff.

Resolving issues related to housing were also identified as complex and time consuming.

Issues requiring advocacy support in this area were related to property maintenance or modification, appropriate, accessible housing, and availability of housing.

These issues can also overlap with those related to the NDIS.

Other complex issues were also identified including those related to legal assistance, criminal justice, government payments, education, transport, health and aged care.

The project also identified a lack of funding for supported decision-making models can result in increased demand for advocacy services in the absence of legal decision-making mechanisms.

Additionally, demand was impacted by delivering services in regional, rural and remote areas, COVID-19, and engaging with Government requests for input to policy.

To manage the increase in demand, the three most common strategies used by disability advocacy services were prioritisation, referral to other agencies and maintaining waitlists.

Of the services who maintain a waitlist, half indicated a wait time of more than one month for people to receive support.

Disability advocacy services reported that their ability to meet requests for support that fall within their delivery responsibilities has been declining and, on average one in four people were not being assisted, based on data from the 2018 19 financial year.

Disability advocacy services reported that the increased demand and wait times adds to people with disability’s distress and frustration, in addition to missing out on services.

From an organisational perspective, the increase in demand leads to a focus on crisis responses, higher workloads, increased staff stress, and higher staff turnover.

Some advocacy services reported reluctance to promote their services and risk further increasing demand.

Disability advocacy services were also asked what they perceive to be current gaps in the delivery of advocacy services.

The most common responses related to funding inadequacy and insecurity.

Existing inadequacies of funding has meant disability advocacy services are limited in their ability to respond to increases in demand.

Additionally, 87% of disability advocacy services surveyed reported that uncertainty about future funding impacted on their ability to plan ahead, recruit and retain staff.

Other responses noted a lack of coordination between the available funding and existing programs, and reported competitive short-term funding is problematic as it sets organisations against each other and requires significant resources to prepare tenders.

Additionally, insufficient geographic coverage was raised as a gap in the delivery of advocacy services, particularly for regional and remote areas.

There are a range of additional barriers to delivering advocacy in regional and remote areas, which require additional funding to overcome.

With demand for disability advocacy currently outstripping supply, regional and remote service delivery is disproportionately impacted.

Good service delivery also requires the leveraging of local knowledge, expertise and strong relationships, which is particularly important in remote, and Aboriginal and Torres Strait Islander communities.

Another gap in service delivery raised by disability advocacy services was insufficient training and professional development for advocates.

There are limited formal training options available and large workloads leave less time for networking, skill sharing and formal training for staff.

In particular, issues in complex systems require more specialised skills to resolve.

Difficulties retaining staff further compound this gap.

Other gaps raised by disability advocacy services include lacks in national data capture, clarity around definitions of advocacy and related services, and appropriate services for specific cohorts including culturally and linguistically diverse people, Aboriginal and Torres Strait Islander people and people with psychosocial disability.

Disability advocacy has been acknowledged as a shared responsibility by the Commonwealth, state and territory governments.

However, there is need for clarity around how this should work in practice.

The aim should be to ensure a ‘no wrong door’ approach for people seeking advocacy support.

Individuals may have multiple issues to resolve, some relating to state or territory responsibilities and others to Commonwealth responsibilities.

Establishing consistent working definitions provides a basis to establish the scope of a national approach to advocacy services.

The understanding of drivers of demand and service delivery gaps will underpin a shared approach to addressing these.

There are existing mechanisms Commonwealth, state and territory governments can use to guide this work.

This project highlighted the need to update the National Disability Strategy 2010-2020 (NDS).

The NDS can be used to align and coordinate governments’ shared commitment to disability advocacy, which should lead to clearly articulated roles within the funded independent advocacy sector.

Additionally the National Disability Advocacy Framework (NDAF), which was endorsed by Commonwealth, state and territory governments in 2012, is also due for updating.

Designing a new national framework for disability advocacy to take account of an agreed objective, principles and outcomes alongside the NDS will be important to achieve alignment and improve outcomes for people with disability.