Strengthening the Role and Position of Independent Advocacy in Australia

Strengthening the Role Strengthening the Role and Position of and Position of

Independent Advocacy in Independent Advocacy in AustraliaAustralia

DANA 3DANA 3rdrd National Disability National Disability Advocacy Conference Advocacy Conference

Canberra 2010Canberra 2010

BackgroundBackground

NDAP Reform process 2006 onwardsNDAP Reform process 2006 onwards First National Disability Advocacy First National Disability Advocacy

Conference 2007 – Commitment to form a Conference 2007 – Commitment to form a National NetworkNational Network

Second National Disability Advocacy Second National Disability Advocacy Conference 2008 - Formation of DANAConference 2008 - Formation of DANA

Resourcing Advocacy Discussion Paper Resourcing Advocacy Discussion Paper 20092009

Resourcing Advocacy Proposal 2010Resourcing Advocacy Proposal 2010

Proposal for Funding & Administration Proposal for Funding & Administration of Advocacy Agenciesof Advocacy Agencies

A proposal to safeguard the independence A proposal to safeguard the independence and resource base for independent and resource base for independent disability advocacy effort across Australia.disability advocacy effort across Australia.

A rationale for ongoing development of A rationale for ongoing development of independent advocacy program resourcing independent advocacy program resourcing across the nation.across the nation.

A mechanism for strengthening and A mechanism for strengthening and supporting the growth and development of supporting the growth and development of independent disability advocacy independent disability advocacy

Why do we need a proposal?Why do we need a proposal? Current national state/territory reforms of disability Current national state/territory reforms of disability

funding under National Disability Agreement (NDA) funding under National Disability Agreement (NDA) and other COAG reforms. and other COAG reforms. We need to have a say in We need to have a say in our own future.our own future.

Consolidate and defend funding that has been set Consolidate and defend funding that has been set aside for independent advocacy across a number of aside for independent advocacy across a number of Commonwealth and State & Territory Programs. Commonwealth and State & Territory Programs.

Adoption of UN Convention on Rights of Persons Adoption of UN Convention on Rights of Persons with Disabilities by Australia needs strong with Disabilities by Australia needs strong independent advocacy for more vulnerable citizens.independent advocacy for more vulnerable citizens.

National Disability Strategy highlights need for National Disability Strategy highlights need for access to strong independent advocacy.access to strong independent advocacy.

Shift towards models of individualised funding and Shift towards models of individualised funding and direct payment models relies on access to direct payment models relies on access to independent advocacy and advice. independent advocacy and advice.

Reviews of Advocacy Reviews of Advocacy 1.1. Six reviews since the implementation of the Disability Six reviews since the implementation of the Disability

Services Act in 1987Services Act in 1987 1991 – CSDA arrangements leave advocacy funded by both 1991 – CSDA arrangements leave advocacy funded by both

Commonwealth and State govts.Commonwealth and State govts. 1992 – First review of advocacy program1992 – First review of advocacy program 1993 – 2 separate reviews/reports 1993 – 2 separate reviews/reports (Judith Cross & Lorraine (Judith Cross & Lorraine

Zeni) and (Cocks and Duffy)Zeni) and (Cocks and Duffy) 1994 – Departmental Paper endorsed by Brian Howe 1994 – Departmental Paper endorsed by Brian Howe

(Minister)(Minister) 1996 – Law Reform Commission and MGM Reports1996 – Law Reform Commission and MGM Reports 1999 – Review of NDAP 1999 – Review of NDAP 2006 – Review of NDAP2006 – Review of NDAP

2.2. Failure of all these reviews to yield any beneficial Failure of all these reviews to yield any beneficial change.change.

3.3. Development of DANA presents new opportunities to Development of DANA presents new opportunities to play a key role in effective reformsplay a key role in effective reforms..

DANA Proposed Principles Arising from ReviewsDANA Proposed Principles Arising from Reviews

Principle 1Principle 1Government to provide core, recurrent Government to provide core, recurrent advocacy funding on the basis that independent advocacy funding on the basis that independent advocacy is a fundamental and essential advocacy is a fundamental and essential support for vulnerable people with disabilitiessupport for vulnerable people with disabilities

Principle 2Principle 2Program administration and funding to be Program administration and funding to be separate from political or government influence separate from political or government influence because advocacy is commonly directed against because advocacy is commonly directed against government agencies or services provided government agencies or services provided under government funded programs.under government funded programs.


Principle 3Principle 3To minimise the possibility or perception of To minimise the possibility or perception of conflict of interest, advocacy support should be conflict of interest, advocacy support should be provided only by dedicated advocacy provided only by dedicated advocacy organisations that do not also undertake service organisations that do not also undertake service provisionprovision

Principle 4Principle 4Individual advocacy support is available in Individual advocacy support is available in various forms to all people with disabilities.various forms to all people with disabilities.

Principle 5Principle 5Systemic advocacy capacity to exist in each Systemic advocacy capacity to exist in each state and territory to respond to the range of state and territory to respond to the range of issues that impact on the rights, interests and issues that impact on the rights, interests and needs of people with disabilities. needs of people with disabilities.


Principle 6Principle 6Specialist advocacy support and advice to be Specialist advocacy support and advice to be available across Australia for specific population available across Australia for specific population groups and where specific advocacy knowledge is groups and where specific advocacy knowledge is requiredrequired

Principle 7Principle 7Advocacy organisations to be formed in Advocacy organisations to be formed in consultation with and remain connected to local consultation with and remain connected to local communitiescommunities..


Principle 8Principle 8Advocacy organisation funding to incorporate Advocacy organisation funding to incorporate provision for advocacy development through:provision for advocacy development through:

Making connections between individual and Making connections between individual and system advocacy effortsystem advocacy effort

Collaborating around systemic issues at Collaborating around systemic issues at regional, state and national levelsregional, state and national levels

Developing skills, knowledge and expertise Developing skills, knowledge and expertise across the sectoracross the sector

Developing strong and effective bodies to Developing strong and effective bodies to advocate for advocacy.advocate for advocacy.


Principle 9Principle 9Advocacy organisation funding should provide Advocacy organisation funding should provide for development of relationships with key for development of relationships with key organisations and agencies including:organisations and agencies including:

Disability service providers, carer/family Disability service providers, carer/family organisations and government disability organisations and government disability administration.administration.

Generalist advocacy providers eg Legal Aid, Generalist advocacy providers eg Legal Aid, Welfare Rights, Tenants Union, Consumer Welfare Rights, Tenants Union, Consumer Protection, Financial Advice, COSS’s, etcProtection, Financial Advice, COSS’s, etc

Statutory oversight bodies – eg Public Statutory oversight bodies – eg Public Advocates, Guardianship Admin, Human Advocates, Guardianship Admin, Human Rights Commissions.Rights Commissions.

DANA Proposed Principles Arising from ReviewsDANA Proposed Principles Arising from Reviews Principle 10Principle 10

Advocacy organisation funding to be at a level to ensure the Advocacy organisation funding to be at a level to ensure the viability and sustainability of the organisations and make viability and sustainability of the organisations and make provision for:provision for:

indexation and growth, indexation and growth, movement in State/Territory awards,movement in State/Territory awards, safe and healthy working conditions for staff, safe and healthy working conditions for staff, access for all people with disabilitiesaccess for all people with disabilities Costs arising from geographic location or reach of the Costs arising from geographic location or reach of the

organisationorganisation Principle 11Principle 11

Government funding for the Advocacy Program to respond to Government funding for the Advocacy Program to respond to unmet need for advocacy and bear an appropriate relationship unmet need for advocacy and bear an appropriate relationship to:to:

Number of people with disabilitiesNumber of people with disabilities Funding for formal disability servicesFunding for formal disability services Funding for formal complaints mechanismsFunding for formal complaints mechanisms The extent of inclusion of people with disabilities in The extent of inclusion of people with disabilities in

community lifecommunity life

Current Sources of Disability Advocacy Current Sources of Disability Advocacy FundingFunding

National Disability Advocacy Program (FaHCSIA) 2009National Disability Advocacy Program (FaHCSIA) 2009

NSWNSW $3,255,000$3,255,000

VICVIC $3,340,000$3,340,000

QLDQLD $1,763,000$1,763,000

TASTAS $454,000$454,000

SASA $1,662,500$1,662,500

WAWA $1,445,000$1,445,000

ACTACT $342,000$342,000

NTNT $318,000$318,000

TotalTotal *$12,579,500*$12,579,500

Current Sources of Advocacy Funding Current Sources of Advocacy Funding

SOURCESOURCE FUNDING LEVELFUNDING LEVEL

State disability advocacy State disability advocacy fundingfunding

Still to be resolved as it is not treated the same from one Still to be resolved as it is not treated the same from one jurisdiction to the next. (Victoria about $2.1M)jurisdiction to the next. (Victoria about $2.1M)

HACCHACC A significant level of advocacy funding from HACC but only A significant level of advocacy funding from HACC but only in specific regions within some states.in specific regions within some states.

National Aged Care Advocacy National Aged Care Advocacy ProgramProgram

One agency per state/territory receives funding for One agency per state/territory receives funding for advocacy targeted at residential aged care and aged care advocacy targeted at residential aged care and aged care packages. packages.

Disability Discrimination Legal Disability Discrimination Legal ServicesServices

One agency funded in each jurisdiction through One agency funded in each jurisdiction through Commonwealth Attorney Generals and is part of Commonwealth Attorney Generals and is part of Community Legal Centre funding ($961,121)Community Legal Centre funding ($961,121)

Other – Other state govt and Other – Other state govt and philanthropic funding sources philanthropic funding sources that are usually not recurrent. that are usually not recurrent.

Advocacy agencies will still be encouraged to seek Advocacy agencies will still be encouraged to seek additional resourcing for project and advocacy additional resourcing for project and advocacy development activities from various other sourcesdevelopment activities from various other sources

Administration and Funding & Administration Administration and Funding & Administration Options for Disability AdvocacyOptions for Disability Advocacy

Which Level of Government?Which Level of Government? Commonwealth Gov’t administrationCommonwealth Gov’t administration State Gov’t administrationState Gov’t administration Continue current joint administrationContinue current joint administration

Which Government Dept?Which Government Dept? Disability Services/Human ServicesDisability Services/Human Services HealthHealth Justice/Attorney GeneralsJustice/Attorney Generals Prime Minister/Premier OfficePrime Minister/Premier Office Office for DisabilityOffice for Disability

Other Options?Other Options?

A New Model for Australia – A New Model for Australia – DANA Proposal for a Statutory Advocacy AuthorityDANA Proposal for a Statutory Advocacy Authority

The proposed framework includes:The proposed framework includes: A new national approach to the administration of advocacy program A new national approach to the administration of advocacy program

funding through the creation of a funding through the creation of a Statutory Advocacy AuthorityStatutory Advocacy Authority, , coupled with; coupled with;

A commitment to support leadership and advocacy for the sector A commitment to support leadership and advocacy for the sector through recurrent funding of a national body representing advocacy through recurrent funding of a national body representing advocacy agencies across all jurisdictions agencies across all jurisdictions (DANA).(DANA). Such a model is proposed on the basis that it better protects the Such a model is proposed on the basis that it better protects the independence of advocacy from the service provision, managerial independence of advocacy from the service provision, managerial and policy interests of government and encourages a strong sector and policy interests of government and encourages a strong sector voice to advocate for the protection and promotion of an effective voice to advocate for the protection and promotion of an effective advocacy effort for all Australians who are at risk of human rights advocacy effort for all Australians who are at risk of human rights violations or abuse and neglect.violations or abuse and neglect.

Promotion of the value and importance of independent advocacy Promotion of the value and importance of independent advocacy Advocacy sector planning and development including identification of Advocacy sector planning and development including identification of

demand and development of comprehensive program framework demand and development of comprehensive program framework incorporating the elements identified in the principles aboveincorporating the elements identified in the principles above

Management of core recurrent advocacy funding perhaps via State Management of core recurrent advocacy funding perhaps via State based officersbased officers

Development and Implementation of a single performance reporting Development and Implementation of a single performance reporting and Quality Assurance Framework for advocacy providersand Quality Assurance Framework for advocacy providers

Research in relation to advocacy practice, administration & demandResearch in relation to advocacy practice, administration & demand Influence Government policy development and implementation in Influence Government policy development and implementation in

favour of advocacy favour of advocacy

Functions of Australian Advocacy AuthorityFunctions of Australian Advocacy Authority

Resourcing the Advocacy Authority Resourcing the Advocacy Authority and Programsand Programs

Identify existing program funding Identify existing program funding across programs within scope NDA, across programs within scope NDA, NDAP & HACCNDAP & HACC

Identify existing administration Identify existing administration funding for these programs funding for these programs

Progressive identify and respond to Progressive identify and respond to unmet needs with a program growth unmet needs with a program growth strategy.strategy.

Board for Advocacy AuthorityBoard for Advocacy Authority

Composition of BoardComposition of Board Commonwealth Govt RepresentativeCommonwealth Govt Representative State Govt Representative from each state & State Govt Representative from each state &

territoryterritory Representatives from DANA, AFDO & ACOSSRepresentatives from DANA, AFDO & ACOSS Independent Advocacy ExpertsIndependent Advocacy Experts

PROPOSAL ADVANTAGES & DISADVANTAGESPROPOSAL ADVANTAGES & DISADVANTAGES

ADVANTAGES•Advocacy specialists to administer the Program•One accountability and reporting framework for advocacy agencies •Strengthens capacity of advocacy effort to connect with implementation of UN CRPD and National Disability Strategy•Capacity to engage both Commonwealth and State involvement and commitment •Consistency of advocacy planning and development across the country•Greater independence from political and government interests•Greater size leading to greater capacity to generate philanthropic interest

DISADVANTAGES•Potential for both arms of government to abdicate responsibility•Less direct connection with local interests and knowledge

Our model seeks to address these disadvantages through a cooperative national model of administration.

RecommendationsRecommendations1.1. A working group of Commonwealth and State administrators A working group of Commonwealth and State administrators

in relevant programs meets with representatives of DANA to in relevant programs meets with representatives of DANA to discuss this proposal prior to any decisions being taken to discuss this proposal prior to any decisions being taken to realign current funding arrangements for independent realign current funding arrangements for independent advocacy.advocacy.

2.2. A feasibility study is undertaken to map out the scope of the A feasibility study is undertaken to map out the scope of the DANA proposal for a separate statutory authority and a DANA proposal for a separate statutory authority and a timeframe for implementation. This should also include the timeframe for implementation. This should also include the possibility of an interim administrative structure while possibility of an interim administrative structure while appropriate steps are taken to establish a new administrative appropriate steps are taken to establish a new administrative framework.framework.

RecommendationsRecommendations

3.3. All jurisdictions cooperate in identifying the funding in their All jurisdictions cooperate in identifying the funding in their current programs that might best sit within an independent current programs that might best sit within an independent advocacy program. This includes both funding to advocacy program. This includes both funding to agencies for advocacy support as well as administration agencies for advocacy support as well as administration funding.funding.

4.4. Government recognise DANA as the representative body Government recognise DANA as the representative body for the independent disability advocacy sector and provide for the independent disability advocacy sector and provide it with interim secretariat funding pending finalisation of it with interim secretariat funding pending finalisation of the Review of the Disability Secretariat Program.the Review of the Disability Secretariat Program.

RecommendationsRecommendations

5.5. Government commit to progressively moving towards a Government commit to progressively moving towards a level of funding for advocacy that responds to the unmet level of funding for advocacy that responds to the unmet need for independent advocacy. need for independent advocacy.

www.dana.org.auwww.dana.org.auContact: Andrea SimmonsContact: Andrea Simmons

[email protected]

Documents

Strengthening the Role and Position of Independent Advocacy in Australia