Advocacy Policy
Able & Co Allied Health | Advocacy & Supported Decision-Making Policy | AC-ADV-001
ABLE & CO ALLIED HEALTH PTY LTD
ABN 78 697 626 430
ADVOCACY & SUPPORTED DECISION-MAKING POLICY
| Document Number | AC-ADV-001 |
|---|---|
| Version | 1.0 |
| Issue Date | 18 June 2026 |
| Review Date | 18 June 2027 |
| Classification | Public |
| Regulatory Basis | UN CRPD Article 12; NDIS Practice Standards; National Decision-Making Principles 2017 |
1. Purpose
This policy establishes Able & Co Allied Health's commitment to ensuring every participant can access independent advocacy and exercise supported decision-making. It affirms that participants retain legal capacity at all times and that any support provided is to assist — not replace — their decision-making.
This policy is grounded in Article 12 of the UN CRPD (Equal recognition before the law), the National Decision-Making Principles (2017), and the Australian Law Reform Commission's report Equality, Capacity and Disability in Commonwealth Laws (2014).
2. Evidence Base
| # | Reference |
|---|---|
| [1] | Australian Law Reform Commission. (2014). Equality, Capacity and Disability in Commonwealth Laws (Report 124). ALRC. Primary evidence basis for supported decision-making framework. |
| [2] | Inclusion Australia. (2020). Position Statement on Supported Decision Making. Affirms that all people have legal capacity and the right to make decisions. |
| [3] | Gooding, P. (2013). Supported decision-making: A rights-based disability concept and its implications for mental health law. Psychiatry, Psychology and Law, 20(3), 431–451. |
| [4] | Kohn, N.A., Blumenthal, J.A., & Campbell, A.D. (2013). Supported decision-making: A viable alternative to guardianship? Penn State Law Review, 117(4), 1111–1157. |
| [5] | Carney, T., & Tait, D. (2011). The adult guardianship experiment: Tribunals and popular justice. Federation Press. Informs the critique of substituted decision-making. |
| [6] | Bigby, C., & Frawley, P. (2010). Social work practice and intellectual disability. Palgrave Macmillan. Informs supported decision-making in practice. |
3. Key Principles
| Principle | Description |
|---|---|
| Legal Capacity | All participants retain legal capacity regardless of disability. Able & Co does not make decisions on behalf of participants. |
| Self-Determination | Participants have the right to direct their own supports and make their own choices, including choices we may consider unwise. |
| Supported Decision-Making | Where a participant needs support to make decisions, that support is provided in the way the participant chooses, by people they trust. |
| Confidentiality | Advocacy conversations and supported decision-making discussions are confidential, except where disclosure is required by law. |
| No Coercion | Staff will never pressure, coerce, or manipulate a participant's decision. Undue influence is a form of abuse. |
| Conflict of Interest | Where a conflict of interest arises between a participant's decision and the interests of their support network, the participant's interests are paramount. |
4. Types of Advocacy
4.1 Self-Advocacy
Able & Co actively supports participants to develop self-advocacy skills — the ability to understand and communicate their own rights, needs, and preferences. The platform's goal-setting tools (AC-021 Enrique Dashboard) are designed to support self-advocacy through transparent progress tracking.
4.2 Informal Advocacy
Participants may choose a trusted family member, friend, or carer to speak on their behalf in informal settings. Able & Co will respect and respond to informal advocates as directed by the participant.
4.3 Independent Advocacy
Independent advocates are not connected to service providers and represent only the participant's interests. Able & Co will actively facilitate access to independent advocacy at no cost to the participant's NDIS plan.
4.4 Legal Advocacy
Where a participant requires legal representation (e.g., NDIS review, guardianship matter, or discrimination complaint), Able & Co will assist with referral to appropriate legal services.
4.5 Systemic Advocacy
Able & Co is committed to advocating at a systemic level for improved policies and services for people with disability, particularly Pacific Islander and First Nations communities, through our community partnerships and research collaboration with Western Sydney University.
5. Free Advocacy Services — Directory
| Organisation | Phone | Services |
|---|---|---|
| Disability Advocacy NSW | 1800 644 693 | Independent advocacy across NSW for people with disability |
| Physical Disability Council NSW (PDCN) | 02 9552 1606 | Advocacy and information for people with physical disability |
| NSW Council for Intellectual Disability | 02 9211 1611 | Advocacy, information, and legal support |
| People with Disability Australia (PWDA) | 02 9370 3100 | National disability rights and advocacy |
| NDIS Quality & Safeguards Commission | 1800 035 544 | Complaints and participant safeguarding |
| Community Legal Centres NSW | 02 9212 7333 | Free legal advice including disability matters |
| Speaking Up For You (SUFY) | 02 9891 6400 | Advocacy for Pacific Islander communities in Western Sydney |
| First Peoples Disability Network | 02 9318 1264 | Advocacy for First Nations people with disability |
6. Supported Decision-Making in Practice
When a participant needs support to make a decision, Able & Co staff will:
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Provide information in plain language, with visual aids or Easy Read if requested
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Allow adequate time for the participant to process information and make a decision
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Facilitate access to the participant's chosen support person or advocate
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Never pressure or rush the participant into a decision
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Document the decision-making process and the participant's decision in the support plan
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Review decisions periodically at the participant's request
Where a participant has a legal guardian or administrator appointed by a Tribunal, Able & Co will engage with that person within the scope of their legal authority only, while continuing to involve and respect the participant directly.
7. When Supported Decision-Making Is Not Enough
In rare circumstances, a participant may lack the cognitive capacity to make a specific decision, even with maximum support. In these cases:
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Able & Co will never act as a substitute decision-maker
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We will refer to the participant's lawfully appointed guardian or administrator
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If no such person exists and the situation is urgent, we will follow NSW Guardianship Act 1987 procedures
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We will document all actions taken and the reasons
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We will seek legal advice if required
8. Staff Responsibilities
| Role | Responsibility |
|---|---|
| Founder / CEO | Set the tone for a rights-based culture; ensure policy implementation; review annually. |
| Partner Organisation Staff | Apply supported decision-making in daily practice; facilitate advocate access; report concerns. |
| Support Workers | Respect participant decisions; never act as an informal substitute decision-maker; report undue influence. |
9. Approval
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Able & Co Allied Health Pty Ltd
Able & Co Allied Health Pty Ltd
18 June 2026
Advocacy Policy | v1.0 | 18 June 2026 Page