Can I take clients from my agency when I go independent?
Can a support worker take participants from their agency? The legal line on restraint clauses, participant choice and control, the Code of Conduct, and how to do it right.
The short answer
What your employment contract says
Participant choice and control
The line between soliciting and being chosen
The Code of Conduct angle
Confidential information — a hard line
How to handle it properly
Avoiding disputes
Frequently asked questions
Is it illegal to take clients from my agency?
Not inherently. Participants have a legal right to choose their provider, so a participant who independently chooses you can move. What can breach your contract is actively soliciting the agency's clients, or using its confidential information. The distinction is whether the participant chose you or you recruited them.
What is a non-solicitation clause?
It's a contract term that stops you, for a set period after you leave, from actively approaching your former employer's clients or staff to move to you. In Australia it's only enforceable so far as it's reasonable to protect a legitimate business interest. It doesn't override a participant's own right to choose their…
Can a participant follow me if they want to?
Yes. Choice and control means a participant can decide to continue with you directly, and no agency owns that decision. The key is that the choice must genuinely be theirs — you shouldn't prompt, pitch or pressure them. If they raise it unprompted, you can respond honestly and let them lead.
What if a participant asks me directly to stay with them?
You can respond honestly and factually. Keep it neutral, don't run down the agency, don't pressure them, and let them make their own decision. Where you can, note that they raised it first. Have them provide their own details rather than taking anything from the agency's systems.
Can I use the agency's contact list to reach clients?
No. Client lists and contact details are the agency's confidential information, and using them to build your business is a clear breach — separate from any non-solicitation clause. If a participant moves to you, let them give you their own details and start their file fresh from what they provide directly.
How do I avoid a dispute with my old agency?
Don't initiate contact about moving, don't use confidential information, let participants choose freely, keep records of who raised what, hand over cleanly, and avoid even the appearance of poaching. Get advice on any restraint clause. Transitioning with integrity protects both your legal position and your reputation.