As an NDIS participant, you have specific rights designed to protect your dignity, autonomy, and wellbeing. Understanding these rights empowers you to make informed decisions, challenge poor service, and get the support you deserve. Too many participants don't realise the protections available to them.
Your Fundamental Rights
The NDIS Act and Participant Service Guarantee establish clear rights for all participants. You have the right to be treated with dignity and respect regardless of your disability, background, or circumstances. You have the right to make your own decisions about your life and supports, or have a nominee help if needed. You have the right to privacy and confidentiality of your personal information. You have the right to freedom from abuse, neglect, exploitation, and discrimination. You have the right to complain about services without fear of retribution.
These aren't just words — they're legally protected rights backed by the NDIS Quality and Safeguards Commission. Providers who violate participant rights face serious consequences including registration cancellation.
Choice and Control
Choice and control sit at the heart of the NDIS. You choose which providers deliver your supports. You choose which supports to use and when. You decide your goals and how to pursue them. You control how your funding is managed (plan-managed, self-managed, or NDIA-managed). You can change providers at any time if you're unhappy.
Providers cannot force you to use specific services or restrict your choices to suit their convenience. If a provider limits your choices unreasonably, that's a rights violation worth reporting.
Informed Choice
True choice requires information. You have the right to receive clear information about supports, costs, alternatives, and risks before making decisions. Providers must explain services in plain language you understand, not confuse you with jargon.
Dignity and Respect
You have the right to be treated with dignity at all times. This means support workers must respect your privacy during personal care, knock before entering rooms, speak to you respectfully, honour your preferences and routines, recognise your cultural and religious needs, and never treat you as less capable than you are.
Dignity extends to physical environments too. Providers must maintain clean, safe, appropriate spaces for delivering supports. You shouldn't receive personal care in degrading conditions or participate in activities in unsafe venues.
Making Complaints
You have the right to complain about providers without negative consequences. Providers cannot reduce services, treat you poorly, or terminate agreements in retaliation for complaints. You can complain directly to providers about service issues, to the NDIS Commission about serious concerns or provider misconduct, or to an advocate if you need help lodging complaints.
The NDIS Commission takes complaints seriously and investigates allegations of rights violations, poor service quality, unsafe practices, financial exploitation, and abuse or neglect. Contact them on 1800 035 544 if providers violate your rights.
Protection from Harm
You have the right to be safe from abuse, neglect, and exploitation. Providers must have safeguards to prevent harm including worker screening checks, incident management systems, behaviour support requirements, and restrictive practice oversight. If you experience or witness abuse, neglect, or exploitation, report it immediately to the NDIS Commission.
Reportable incidents include physical or sexual abuse, unexplained injuries, financial exploitation, neglect (not providing necessary care), and unauthorised restrictive practices. Don't stay silent — reporting protects you and other participants.
Advocacy and Support
You have the right to have someone advocate for you. This might be a family member, friend, support coordinator, or professional advocate. Advocacy is especially important if you have difficulty communicating, understanding complex information, or feel intimidated by processes. National Disability Advocacy Programme (NDAP) provides free advocacy services across Australia.
Know Your Rights
Life Assist Abilities Support respects participant rights and dignity in all services we deliver across Canberra.
Get in TouchFrequently Asked Questions
What do I do if a provider violates my rights?
First, try raising concerns directly with the provider if safe to do so. If unresolved or unsafe, contact the NDIS Quality and Safeguards Commission on 1800 035 544. They investigate rights violations and enforce standards. For serious harm, also contact police.
Can providers force me to use certain services?
No. You have the right to choose which supports you use. Providers can recommend services based on your goals, but cannot force you to accept supports you don't want. If a provider makes funding or other services conditional on accepting unwanted supports, that's coercion.
What if I can't make my own decisions?
You can appoint a nominee to help make NDIS decisions, or have a guardian appointed if you lack capacity. Even with nominees or guardians, you maintain the right to be consulted, have preferences considered, and be treated with dignity and respect.
Do I have the right to see my NDIS records?
Yes. You have the right to access your NDIS plan, records, and information providers hold about you. Request information from the NDIA through myplace portal or by calling 1800 800 110. Providers must give you access to records they hold about you upon request.
Can providers share my information without consent?
Generally no. Your health and personal information is confidential. Providers need your consent to share information except in specific circumstances like preventing serious harm, complying with legal requirements, or reporting safeguarding concerns to the NDIS Commission.
