Minutes of the Independent Advisory Council to the NDIS

DOCUMENT 61

Independent Advisory Council

Meeting 2 — 24 August 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel (Principal Member) Ms Kerry Allan-Zinner Dr Sharon Boyce Adjunct Associate Professor Jennifer Cullen Ms Tricia Malowney OAM Mr James Manders Ms Sam Paior Ms Liz Reid AM Dr George Taleporos Mr Mark Tonga

Expert Adviser

Dr Ben Gauntlett, Disability Discrimination Commissioner

NDIA Representatives

Dr Lisa Studdert, Acting Chief Executive Officer Dr Sam redacted: s22(1)(a)(ii) - irrelevant material General Manager, Policy, Advice and Research Ms Jessica redacted: s22(1)(a)(ii) - irrelevant material Acting Branch Manager, Agency Policy Ms Janice redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Research and Evaluation Mr Joshua redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Strategy Ms Kathy redacted: s22(1)(a)(ii) - irrelevant material Director Strategic Advice, Policy, Advice and Research Ms Carly redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Ms Marina redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Ms Lirije redacted: s22(1)(a)(ii) - irrelevant material Assistant Director Communications, Independent Advisory Council Mr Matt redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Strategic Advice Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant material Senior Project Officer, Independent Advisory Council Ms Rebecca redacted: s22(1)(a)(ii) - irrelevant material Project Officer, Independent Advisory Council Ms Fiona redacted: s22(1)(a)(ii) - irrelevant material Project Officer, Strategic Advice

Attending

Dr Peta Seaton, NDIA Board Director Mr Gavin Burner, Intellectual Disability Reference Group Member Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM (Council’s Independent Consultant) redacted: s47F - personal privacy

Apologies

Dr Leighton Jay, Council Member Ms Sylvana Mahmic, Council Member Mr Jim Minto, Acting NDIA Board Chair

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1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 1.07pm.

Ms Cullen acknowledged the Traditional Custodians and Owners of the lands on which Members, Expert Adviser and attendees were meeting.

The Principal Member recognised several key events and dates that have occurred over the past month, including:

Muharram/Islamic New Year — 31 July.
National Aboriginal and Torres Strait Islander Children’s day — 4 August.
Tisha B’Av — 7 August.
International Day of the World’s Indigenous Peoples — 9 August.
International Youth Day — 12 August.
Assumption Day — 15 August.

The Principal Member noted apologies from Dr Jay and the Board Chair and who were unable to attend the meeting. The Principal Member also advised Council that Dr Seaton, NDIA Board Director will join for the first part of the meeting and Ms Mahmic will attempt to join if possible. Additionally, Mr Burner noted he will be leaving early.

The Principal Member noted the following information is available in the Diligent Resource Centre:

Out of Session meeting report from Ms redacted: s22(1)(a)(ii) - irrelevant material
- Research and Evaluation Advisory Panel — Guides for Understanding Supports
Participant Reference Group Member report
Action log of issues raised during CEO update and Members reports sessions. The Principal Member also noted that as some member reports were given in writing for this meeting, the Secretariat will compile any actions for the log from these reports.

1.2. Minutes, matters arising, terms of reference and declarations of interest

Council noted the updated register of conflicts of interest circulated in advance of the meeting.

redacted: s47F - personal privacy

Council approved the minutes from the meeting held on 27 July 2022 and noted the matters arising.

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1.3. CEO update

Dr Studdert advised Council the Agency continues its focus on the Ministers’ priorities, stepping up efforts across the areas of:

the Administration Appeals Tribunal (AAT) — increasing resources to reduce current case load, improve the quality of decision making and establish an early intervention team to look at new AAT cases.
Hospital Discharge — working with states and territories to understand the current blocks and making a concerted effort to work more rapidly and effectively with the Health system to enable timely discharge for participants when they are ready.
Fraud — increasing resources, establishing an external taskforce and using a holistic approach to address concerns.

Dr Studdert also noted the Minister will be making further announcements regarding the NDIS Review in the coming weeks.

Members stressed the importance of the link between Young People in Residential Aged Care (YPIRAC) and hospital discharge and raised concerns with the progress of the YPIRAC program. Noting the Agency is working alongside other government departments and does not have carriage of this work. Dr Studdert acknowledge the comments and offered to provide a briefing to Members on the Agency’s work in this area.

Members reiterated the importance of including people with disability, lived experience and/or knowledge of the sector when establishing independent groups to oversee activities involving participants.

Council also raised the importance of tone and language in Agency communications to participants, noting the recent letter to participants regarding compliance was abrupt and may make some participants feel they have done something wrong.

Members thanked Dr Studdert for the comprehensive updates and acknowledged the efforts of Agency staff.

The Principal Member welcomed Dr Peta Seaton, NDIA Board Director to the meeting. Dr Seaton provided Members with an overview of her background. She commended Members for their frankness, noting the extreme value of Council to the Agency and Board.

2. Council Reports

2.1. Members and Expert Advisers: Reports ‘from the ground’

Council Members raised the following points they had heard related to the NDIS:

Praised NDIA State Managers with taking on critical issues raised with Members and progressing them quickly.
Continued concerns around thin markets, workforce shortages and skilled workers within the disability sector.

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ongoing issues between NDIA, state and territories and the interface with the justice system. Members suggesting more education and greater interaction is needed.
concerns with recent social media posts from the Agency on Short Term Accommodation (STA), noting the messaging as abrupt and confusing.
reports of new plans being issued without consultation with participants / nominees. Members noting participants are receiving ‘check in’ calls, then new plans with considerable changes are being issued.
issues with participants having to leave their family home when their parent passes away due to reduced funding. Members suggesting a ‘step down’ well measured and gradual approach with their funding is necessary and additional supports to explore other housing and support options required.
discrepancies in rates charged to NDIS participants for general services such as cleaning or car washing, compared with general consumers. Members noting this also occurs within Allied Health.
Long delays to receive approvals for home modifications.
pleased that NDIS registered providers and participants now have access to funded aboriginal interpreting services in the Northern Territory, and participants do not need to use their plan funds for this service.
Continued challenges around availability of services in regional and remote locations.
Visibility of sexual supports operational guideline.
Positive sentiment within the community about the Ministers proposed changes to the Disability Support Pension.
Concerns that with Specialist Disability Accommodation (SDA) progressing quickly and providers rapidly building apartment buildings, it is moving towards ‘ghetto’ style housing.

Dr Studdert and Dr redacted: s22(1)(a)(ii) - irrelevant material noted the feedback and themes raised by Members and provided some comments back to the meeting. Dr redacted: s22(1)(a)(ii) - irrelevant material additionally offering to meet with interested Members about the Sexual Supports Operational Guideline.

Action 1: Dr redacted: s22(1)(a)(ii) - irrelevant material to follow-up with interested Members regarding the Sexual Supports Operational Guideline.

3. Co-design feedback and NDIS Review

3.1. Update on Co-Design Advisory Group activities

The Principal Member noted Ms Mahmic was unable to attend the meeting, although prepared notes in advance. The Secretariat read out the update on the Supported Decision Making Co-

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design Steering Committee provided by Ms Mahmic, noting the Secretariat would circulate to Members after the meeting.

General discussion ensued with Members noting:

The importance of participant members on co-design steering committees, as they provide valuable insights about the challenges faced by people with disability. In particular, vulnerable groups when making decisions.
All information, including participant plans and decision support, should be available in accessible formats and easy to understand. This is particularly important to better help participants understand the NDIS and how to navigate it.
The value of sharing information between the co-design projects to understand the priorities that cut across all areas.

Action 2: Secretariat to share Ms Mahmic’s report on the Supported Decision-Making Steering Committee with Members.

4. Remote / Very Remote Current State

4.1. Briefing on the Remote/Very Remote Current State Snapshot

Mr redacted: s22(1)(a)(ii) - irrelevant material provided Council with an overview of the Remote / Very Remote Current State Snapshot, noting the Agency will release the report externally. Mr redacted: s22(1)(a)(ii) - irrelevant material acknowledged Ms Cullen’s work on the project and expressed thanks for her knowledge and input.

Mr redacted: s22(1)(a)(ii) - irrelevant material stated the Agency’s current focus is about connecting people and enabling greater access for people in remote / very remote areas.

Council raised the following points:

Challenges faced with thin markets is not limited to remote / very remote areas.
The importance of cultural awareness and cultural safety, when determining support services in remote / very remote areas. Current Agency polices do not support family members providing paid supports. Members suggested developing culturally safe protocols or policy about First Nations and culturally and linguistically diverse (CALD) community members who provide care would be beneficial.
Council encouraged the Agency to consider the operational barriers faced by these cohorts to access the NDIS, supports, and payment for services.

Council Members sought further analysis on how the Market interventions have been progressing, noting this information would be beneficial for Members who work with remote / very remote communities. Mr redacted: s22(1)(a)(ii) - irrelevant material was happy to provide additional information and took the question on notice.

Members were disappointed with the level of transparency and engagement with the subgroup, noting the last meeting was in March. Mr redacted: s22(1)(a)(ii) - irrelevant material acknowledged the comment and committed to engagement with the Council subgroup regularly.

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The Principal Member thanked Mr redacted: s22(1)(a)(ii) - irrelevant material for his update and looked forward to further reports on progress of the Strategy from Ms Reid.

Action 3: Mr redacted: s22(1)(a)(ii) - irrelevant material to provide a response to the Questions on Notice from Members: Briefing document on analysis of the market interventions:

The number of people who have had access to the scheme.
Has there been any changes in people being able to use their plans?
Out of those 26 market interventions which market intervention was used? Examples:

Action 4: Ms Reid to report back to Council on forward plans for engagement the Remote / Very Remote Strategy.

5. Research and Evaluation

5.1. Research and Evaluation Strategy 2022-2027

Dr redacted: s47F - personal privacy briefed Council on the new Research and Evaluation Strategy 2022-2027, noting the new Strategy is based on the Research and Evaluation Branch’s learnings from understanding the outcomes and benefits for participants. Additionally, the Branch are working on ways to support participants to understand the research to help them make informed decisions.

Members thanked Dr redacted: s22(1)(a)(ii) - irrelevant material for the overview and acknowledged the great work undertaken by the Branch.

Members provided feedback on the Strategy and raised the importance of using appropriate language when releasing the Strategy publicly. Noting the word ‘assessment’ may cause undue angst amongst the disability community.

Members mentioned the recent Community Connectors program evaluation report, noting their interest in receiving a copy.

Council queried how the Wellbeing Index questions will consider diverse cultural views. Dr redacted: s22(1)(a)(ii) - irrelevant material advised Monash University are undertaking the consultation around the questions, and she will take the question on notice.

Members highlighted the need to involve people with disability in research, not only in consultation, but as researchers. Additionally, Members queried whether any pathways are available within the Agency for people with disability in academia to build leadership and research skills. Dr redacted: s22(1)(a)(ii) - irrelevant material noted the Agency’s graduate program and asked the Secretariat to share the information with Members.

Council was keen to share external research with the Agency, noting the benefit to the benefit to the Research and Evaluation Branch. Dr redacted: s47F - personal privacy agreed, noting the value of continually viewing external Research and encouraged Members to share with the Branch.

Action 5: Secretariat to share Community Connectors Evaluation Report with Members.

Action 6: Dr redacted: s22(1)(a)(ii) - irrelevant material to provide a response to the following Question on Notice from Members:

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Regarding the Wellbeing index — how will it consider different world views from both First Nations and CALD perspective? For example, specific items pertaining to different groups.

Action 7: Secretariat to send the Research and Evaluation Branch contact email address to Members.

Action 8: Secretariat to share information on the NDIA Graduate Program with Members.

6. Meeting close

6.1. Other Business

The Principal Member thanks Council for their time and valuable feedback.

6.2. Next Meeting

The next meeting will be 21 September at 1pm (AEST).

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Themes from meeting chat

Language for the term ‘respite’ — may not be the most appropriate
AAT data for different jurisdictions
Social Policy Research Centre Justice

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