Policy Priority: Rights are protected and upheld
The Australian Human Rights Commission (AHRC), and state and territory human rights/anti-discrimination bodies play an important role in promoting and protecting rights of people with disability, including helping individuals and organisations understand and meet their legal responsibilities. Disability advocacy supports people with disability to safeguard their rights, experience equality and overcome barriers that can affect their ability to participate in the community.
The purpose of the “Rights are protected and upheld” policy priority is to decrease discrimination by supporting and strengthening the organisations responsible for protecting the rights of people with disability. It aims to improve access to supports that help people with disability stand up for themselves and make their own decisions.
There are 4 measures under this policy priority area:
- Advocacy program support (updated)
- Discrimination complaints resolved (updated)
- Freedom from discrimination
- NDIS participants capacity to self-advocate (updated).
Updated measures are discussed below.
Measure: Advocacy program support
Full name – Proportion of assessed NDAP clients who reported improved choice and control to make their own decisions
Funded by the Australian Government, the National Disability Advocacy Program (NDAP) provides advocacy support to people with disability that promotes, protects and ensures their full and equal enjoyment of all human rights, enabling their community participation (Department of Health, Disability and Ageing 2025). For more information, see Data Dictionary: Advocacy program support.
The measure examines the percentage of NDAP clients who reported having improved choice and control to make their own decisions.
Advocacy support program
Latest update: 66% (2023–24)
Baseline: 62% (2020–21)
Progress status: Improving
Confidence status: Care should be taken when looking at the reported progress status for this measure as there is some uncertainty in the data
In 2023–24:
- 64% of assessed NDAP clients aged under 25 reported improved choice and control, compared with 67% aged 45–64
- 70% of NDAP clients from CALD backgrounds reported improved choice and control, compared with 66% among non-CALD NDAP clients
- 69% of NDAP clients with psychiatric disability reported improved choice and control, compared with 66% of clients with sensory/speech disability.
Figure 4.3: Proportion of assessed NDAP clients (all ages) who reported improved choice and control to make their own decisions, 2020–21 to 2023–24
The data in the graph and the table below show the proportion of assessed National Disability Advocacy Program (NDAP) clients (of all ages) who reported improved choice and control to make their own decisions. Data from 2020–21 to 2023–24 are used. In 2023–24, 66% of assessed NDAP clients reported improved choice and control, as did 62% of assessed NDAP clients in 2020–21.
| Year | Proportion (%) |
|---|---|
| 2020–21 | 62% |
| 2021–22 | 59% |
| 2022–23 | 63% |
| 2023–24 | 66% |
Notes:
- Data current as at 31 July 2024.
- The target group for advocacy support provided by the National Disability Advocacy Program (NDAP) agencies are people with disability that is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments; is permanent or likely to be permanent; and results in a substantially reduced capacity of the person for communication, learning or mobility and the need for ongoing support services.
- A 'client' can be either a person with disability or a carer/family member of a person with disability.
- A client is considered to have improved when the Goals domain 'Empowerment, choice and control to make own decisions' outcome that had changed, with a positive outcome as calculated by the difference between: a. The latest recorded Standard Client Outcome Reporting (SCORE) in the reporting period, for each domain, minus b. The earliest recorded SCORE for the corresponding domain.
- According to DSS Data Exchange (DEX) protocol, a SCORE may be determined by the practitioner’s professional assessment, a client’s self-assessment, a joint assessment between the client and practitioner, or an assessment by the client’s support person (such as a carer). In the case of a child client, the assessor may be the carer.
- The SCORE system used for the NDAP data is designed to measure the result of a client’s interaction with a service funded by the Department of Social Services, and it captures a point in time in the client’s service journey.
- Participation in the 'partnership approach' became a requirement of funding for all NDAP providers from 1 January 2021. As at 1 August 2021, ‘Empowerment, choice and control to make own decisions’ Goal assessments has been conducted for 8.6% of all clients in 2020–2021; as at 31 July 2022, ‘Empowerment, choice and control to make own decisions’ Goal assessments had been conducted for 14% of clients in 2021–2022; as at 31 July 2023, ‘Empowerment, choice and control to make own decisions’ Goal assessments had been conducted for 18% of clients in 2022–2023; as at 31 July 2024, ‘Empowerment, choice and control to make own decisions’ Goal assessments had been conducted for 22.5% of clients in 2023–2024.
- Although the proportion of assessed clients in 2023–24 was higher (23%) than in the previous years (18% in 2022–23, 14% in 2021–22 and 8.6% in 2020–21), the data may not be representative of all participants in the program. For this reason, there is some uncertainty in the data. Care should be taken when looking at reported progress for this measure and the difference needs to continue to be monitored.
- Organisations funded under the NDAP program are required under their agreement with the Commonwealth to enter data into the DEX in accordance with the Data Exchange Protocols.
Source: Department of Social Services – Data Exchange.
Source:
Department of Social Services – Data Exchange
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Data source overview
For figure notes, see Appendix B: Figure notes and sources.
Measure: Discrimination complaints resolved
Disability discrimination occurs when a person with disability is treated less favourably than a person without disability in circumstances that are not materially different (Australian Government 1992).
Under the Disability Discrimination Act 1992 (Cwlth), it is unlawful to discriminate against a person because of their disability in employment, education, goods, services and facilities, accommodation and access to premises (AHRC 2014). Relatives, friends and carers are also protected if they are discriminated against because of their association with a person with disability (AHRC 2012). For more information, see Data Dictionary: Discrimination complaints resolved.
The measure explores the percentage of complaints related to disability discrimination lodged with the Australian Human Rights Commission (AHRC) that are successfully resolved by conciliation. This measure is disaggregated by the type of complaint.
Discrimination complaints resolved
Latest update: 61% (2023–24)
Baseline: 72% (2020–21)
Progress status: Regress
In 2023–24:
- the highest percentage of complaints successfully resolved by conciliation related to goods, services and facilities (55%)
- the lowest percentage of complaints successfully resolved by conciliation related to access to premises (11%).
Figure 4.4: Proportion of complaints related to disability discrimination lodged with the AHRC that were successfully resolved by conciliation, 2011–12 to 2023–24
The data in the graph and the table below show the proportion of complaints related to disability discrimination lodged with the Australian Human Rights Commission that are successfully resolved by conciliation. Data from 2011–12 to 2023–24 are used. In 2023–24, 61% of lodged complaints related to disability discrimination were resolved, and 62% in 2011–12.
| Year | Proportion (%) |
|---|---|
| 2011–12 | 62% |
| 2012–13 | 60% |
| 2013–14 | 70% |
| 2014–15 | 67% |
| 2015–16 | 72% |
| 2016–17 | 66% |
| 2017–18 | 74% |
| 2018–19 | 71% |
| 2019–20 | 68% |
| 2020–21 | 72% |
| 2021–22 | 62% |
| 2022–23 | 61% |
| 2023–24 | 61% |
Notes
- Measure reports on proportion of disability discrimination complaints successfully resolved by conciliation.
- The definition of disability in the Disability Discrimination Act includes: physical, intellectual, psychiatric, sensory, neurological and learning disabilities, physical disfigurement and the presence in the body of disease-causing organisms, which a person may have now, have had in the past, may have in the future or are believed to have.
- For years 2015–16 through 2018–19, proportions reported here differ to those included in the Australian Human Rights Commissions (AHRC) annual complaints statistics publications. For these years, the data reported by the AHRC also captured matters that were finalised on alternative grounds (such as ‘withdrawn’) after attempted, unsuccessful conciliation processes.
- One complaint may raise a number of grounds and areas of discrimination and be against one or more respondents.
- Complaints for which a conciliation process was begun but which could not be resolved through this process include those that were finalised on other grounds; for example, they may have been withdrawn.
- The decrease between baseline (2020–21) and 2022–23 are due to the ongoing influence of COVID-19 on the AHRC’s complaint handling function. In 2021–22 there was an exponential increase in complaint numbers leading to a considerable complaint backlog, resulting in significantly increased complaint handling timeframes and complaints being discontinued at a higher rate. In 2022–23, increased complaint handling timeframes continued due to the COVID-19 related complaint backlog and the finalisation of COVID-19 ‘legacy’ complaints. The subject matter of the complaints was not always amenable to resolution, particularly those related to state and territory health orders (regarding mask wearing and vaccinations) and Commonwealth government international travel restrictions. Outcomes sought by complainants could not always be supported or achieved through the Commission’s conciliation processes.
Sources:
- Australian Human Rights Commission Annual Report 2011–12.
- Australian Human Rights Commission Annual Report 2012–13.
- Australian Human Rights Commission Annual Report 2013–14.
- Australian Human Rights Commission Annual Report 2014–15.
- Australian Human Rights Commission 2015–16 Complaints statistics.
- Australian Human Rights Commission 2016–17 Complaints statistics.
- Australian Human Rights Commission 2017–18 Complaints statistics.
- Australian Human Rights Commission 2018–19 Complaints statistics.
- Australian Human Rights Commission 2019–20 Complaints statistics.
- Australian Human Rights Commission 2020–21 Complaints statistics.
- Australian Human Rights Commission 2021–22 Complaints statistics.
- Australian Human Rights Commission 2022–23 Complaints statistics.
- Australian Human Rights Commission 2023–24 Complaints statistics.
- Australian Human Rights Commission, unpublished data.
Source:
AHRC annual reports 2011–12 to 2014–15; AHRC complaints statistics 2015–16 to 2023–24.
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Data source overview
For figure notes, see Appendix B: Figure notes and sources.
Measure: NDIS participants capacity to self-advocate
Full name – Proportion of NDIS participants aged 15 to 64 who feel able to advocate (stand up) for themselves
Self-advocacy is when a person or group with disability speaks up or acts to represent themselves. Self-advocacy, or assistance with advocacy, is important to promote and protect an individual’s rights (DRC 2020). For more information, go to Data Dictionary: NDIS participants capacity to self-advocate.
The measure examines the percentage of NDIS participants aged 15–64 who responded that they felt able to advocate for themselves.
NDIS participants capacity to self-advocate
Latest update: 38.1% (2024–25 Q3)
Baseline: 37.3% (2021–22 Q2)
Progress status: Improving
In 2024–25 Q3:
- 48% of NDIS participants aged 45–64 felt able to advocate for themselves, compared with 25% of those aged 15–24
- 82% of NDIS participants with a spinal cord injury felt able to advocate for themselves, followed by 78% of NDIS participants with multiple sclerosis, compared with 16% of NDIS participants with Down syndrome.
Figure 4.5: Proportion of NDIS participants aged 15–64 who feel able to advocate (stand up) for themselves, 2021–22 Q2 to 2024–25 Q3
The data in the graph and the table below show the proportion of NDIS participants (aged 15–64) who feel able to advocate (stand up) for themselves. Data from 2021–22 Q2 to 2024–25 Q3 are used. In 2024–25 Q3, 38.1% of NDIS participants felt able to advocate for themselves, compared with 37.3% in 2021–22 Q2.
Additional trend data can be found in the downloadable tables.
Percentages in the report are generally rounded to whole numbers except for those less than 10% which are rounded to 1 decimal place. Exceptions include for the reporting on latest results, where rounding to whole numbers would obscure differences between the baseline and the latest results.
| Quarter | Proportion (%) |
|---|---|
| 2021–22: Q2 | 37.3% |
| 2021–22: Q3 | 37.3% |
| 2021–22: Q4 | 37.2% |
| 2022–23: Q1 | 37.1% |
| 2022–23: Q2 | 37.1% |
| 2022–23: Q3 | 37.1% |
| 2022–23: Q4 | 37.1% |
| 2023–24: Q1 | 37.1% |
| 2023–24: Q2 | 37.1% |
| 2023–24: Q3 | 37.5% |
| 2023–24: Q4 | 37.8% |
| 2024–25: Q1 | 38.0% |
| 2024–25: Q2 | 37.9% |
| 2024–25: Q3 | 38.1% |
Notes:
- Denominator includes participants who responded to the question 'Do you feel able to advocate (stand up) for yourself? That is, do you feel able to speak up if you have issues or problems with accessing supports?'.
- Numerator includes participants who answer 'Yes' to to the question 'Do you feel able to advocate (stand up) for yourself? That is, do you feel able to speak up if you have issues or problems with accessing supports?'.
- To be eligible for the NDIS, a person must meet the disability requirements or the early intervention requirements. Disability requirements include that the disability is caused by an impairment, is likely to be permanent and significantly impacts the individual's ability to perform everyday activities and is likely to need NDIS support for life. Early intervention requirements are that the individual has an impairment that is likely to be permanent or are a child younger than 9 with development delay and that early intervention supports are likely to reduce their future support needs and be of benefit to the individual.
- Time series analysis for the NDIS data presented here is different from the longitudinal approach taken in NDIS reporting. See Data sources | National Disability Insurance Agency (NDIA) for more details.
- Data are for participants aged 15–64.
Source: National Disability Insurance Agency (NDIA) Business Systems.
Source:
NDIA Business Systems.
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Data source overview
For figure notes, see Appendix B: Figure notes and sources.
AHRC (Australian Human Rights Commission) (2012) A brief guide to the Disability Discrimination Act, AHRC, Australian Government, accessed 8 October 2025.
AHRC (2014) Disability Discrimination, AHRC, Australian Government, accessed 8 October 2025.
AIHW (2025) Specialist homelessness services annual report 2023–24, AIHW, Australian Government, accessed 8 October 2025.
Department of Health, Disability and Ageing (2025) Disability advocacy, Department of Health, Disability and Ageing, Australian Government, accessed 8 October 2025.
DRC (Disability Royal Commission) (2020) Rights and attitudes, DRC, Australian Government, accessed 8 October 2025.
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