NDIA Accountability Project

This project is in DRAFT

Minutes of the Independent Advisory Council to the NDIS Meeting 3 — 21 September 2022

‹ PrevPage 1 of 5 · Source p. 24Next ›

Independent Advisory Council

Minutes of the Independent Advisory Council to the NDIS

Meeting 3 — 21 September 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel Ms Kerry Allan-Zinner Dr Sharon Boyce Ms Jennifer Cullen Dr Leighton Jay Ms Sylvana Mahmic 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

Ms Liz redacted: s22(1)(a)(ii) - irrelevant material Acting Deputy CEO, Government, Engagement and Legal Ms Sarah Johnson, Acting Deputy CEO, Strategy and Service Improvement 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 Kathy redacted: s22(1)(a)(ii) - irrelevant material Director Strategic Advice, Policy, Advice and Research Ms Marina redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Secretariat Ms Carly redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Secretariat Ms Lirije redacted: s22(1)(a)(ii) - irrelevant material Assistant Director Communications, Independent Advisory Council Secretariat Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant material Senior Project Officer, Independent Advisory Council Secretariat

Attending

The Hon, Mr Bill Shorten MP, Minister for the NDIS Ms Natasha redacted: s22(1)(a)(ii) - irrelevant material Senior Adviser, Office of the Hon Bill Shorten MP Mr Thomas redacted: s22(1)(a)(ii) - irrelevant material Senior Adviser, Office of the Hon Bill Shorten MP Mr Daniel redacted: s22(1)(a)(ii) - irrelevant material Adviser, Office of the Hon Bill Shorten MP Ms Tracy Mackey, NDIS Quality and Safeguards Commissioner 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

Observers

Mr John redacted: s22(1)(a)(ii) - irrelevant material Strategic Adviser, Health and NDIS Interface Ms Sue redacted: s22(1)(a)(ii) - irrelevant material Strategic Adviser, Health and NDIS Interface Ms Donna redacted: s22(1)(a)(ii) - irrelevant material Participant Advocate (Session 5 only) Mr Matt redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Strategic Advice

Apologies

Mr Jim Minto, Acting NDIA Board Chairman Dr Lisa Studdert, Acting Chief Executive Officer

National Disability Insurance Agency

OFFICIAL: SENSITIVE

Independent Advisory Council

1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 1.02pm.

The Principal Member acknowledged the Traditional Custodians and Owners of the lands on which Members, Expert Adviser and attendees were meeting.

The Principal Member noted the Board Chair was unable to attend the meeting and Ms Mahmic will attempt to join if possible.

The Principal Member noted that Ms Liz redacted: s22(1)(a)(ii) - irrelevant material Acting DCEO would be a proxy for Dr Lisa Studdert, Acting CEO.

The Principal Member advised Members there will be NDIA staff members attending the meeting today as observers only. They include:

  • Sue redacted: s47F - personal privacy Strategic Adviser, Health
  • John redacted: s22(1)(a)(ii) - irrelevant material Strategic Adviser, Health
  • redacted: s47F - personal privacy Participant Advocacy (Reports from the Ground Session)
  • Matt redacted: s22(1)(a)(ii) - irrelevant material Strategic Advice

Council members requested a list of NDIA staff attending Council meetings as part of future meeting papers.

Action 1: Meeting papers to include a list of NDIA staff attending Council meetings.

2. Minister for the NDIS

2.1. Discussion of Council and Ministerial Priorities

The Principal Member welcomed Minister Shorten to the meeting and thanked him for taking the time to meet with Council.

Members presented on the following items to the Minister:

  • Equity in the NDIS — Council advice
  • Behaviour Supports — Council’s upcoming advice
  • Co-design — Council’s involvement

The Principal Member then facilitated an in camera session with the Minister. The Principal Member asked all Agency staff to leave the meeting and discussion with Minister Shorten commenced.

3. Confirmations and updates

At this point of the agenda Agency staff were invited back into the meeting.

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

National Disability Insurance Agency

OFFICIAL: SENSITIVE

Independent Advisory Council

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 24 August 2022 and noted the matters arising.

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

  • Out of Session meeting reports:
    • Leaving the NDIS — operational guideline
    • Short Term Accommodation

3.2. CEO update

The Principal Member welcomed Ms Liz redacted: s22(1)(a)(ii) - irrelevant material NDIA Acting Deputy Chief Executive Officer (CEO) Government, Engagement and Legal, who represented the Acting CEO at the meeting.

Ms redacted: s22(1)(a)(ii) - irrelevant material provided an update to Council on the NDIA’s work on:

  • improving hospital discharge,
  • reducing Administrative Appeals Tribunal (AAT) cases, and
  • using a dedicated taskforce to help address NDIS fraud.

Council Members noted:

  • increased reports that people with disability, especially those with complex support needs, cannot access essential supports while they are in hospital.
  • the need to reduce the number of young people in residential aged care.

Action 2: NDIA to share Hospital Discharge KPIs with members.

Action 3: Secretariat to organise meeting for interested Council members to meet with Liz redacted: s22(1)(a)(ii) - irrelevant material, John redacted: s22(1)(a)(ii) - irrelevant material & Sue redacted: s22(1)(a)(ii) - irrelevant material regarding Hospital Discharge.

4. NDIS Quality and Safeguards Commissioner

4.1. Briefing on Registration and Rights

The Principal Member welcomed NDIS Quality and Safeguards Commissioner Tracy Mackey back the Council. Commissioner Mackey provided an update on the NDIS Quality and

National Disability Insurance Agency

OFFICIAL: SENSITIVE

Independent Advisory Council

Safeguards Commission’s work on provider registration, including potential improvements to registration rules to address emerging market trends.

Council Members raised the following points:

  • Improvements should consider the regulatory burden and costs associated with registration for people with disability or small providers.
  • Registration and audit processes should consider the unique support needs for early childhood, so that children and young people in the NDIS have choice and control to access quality service.
  • People with disability want to learn more about potential compulsory registration to additional higher risk categories of support, which would make participants need to use a registered provider, regardless of plan management status.
  • There are challenges in limited markets, where smaller providers are disadvantaged compared with corporate providers who have the resources to outsource auditing.
  • The Commission should consider diversity and ensure that people with disability are a part of registration audit process.
  • The Commission should consider choice and control and a person with disability’s capacity to engage registered or unregistered providers, as well as the ways different providers impact the market.
  • Care is needed to understand the business model that exists in a registration heavy system dominated by private equity. There is a need to understand provider funding arrangements.

5. Council Reports / Co-design Update

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

The Principal Member welcomed redacted: s47F - personal privacy NDIA Participant Advocate, who will observe these sessions in Council meetings from now on.

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

  • Marked improvements in the NDIA hospital discharge process.
  • Positive reports that some participants are receiving early settlements and/or resolution at AAT.
  • Positive collaboration by Northern Territory government services and the NDIS to create a policy and framework for specialist education.
  • Mixed sentiment in the community about the ceasing of the Partners in the Community (PITC) Request for Tender, and the potential impacts to the disability community. Members would like the NDIA to consider including remote and very remote communities, should they open the Tender again in the future.
  • Plan managers are denying claims and cite reasonable and necessary criteria in their decision making. Members are concerned this is not a part of a plan manager’s role and will limit participant’s choice and control.

National Disability Insurance Agency

OFFICIAL: SENSITIVE

Independent Advisory Council

  • Support coordination being decreased in plans, which impacts on overall participant outcomes.
  • Some providers or businesses are moving away from offering support coordination services.
  • Difficulty in accessing Justice Liaison Officers (JLO), due to misunderstanding between states and territories about the role of a JLO and how to contact them.
  • A need to support both younger people with disability and older people with disability find meaningful employment.
  • Provider concerns regarding a higher uptake of Short-Term Accommodation (STA) and not enough supports for specialist disability accommodation (SDA) or supported independent living (SIL).
  • The NDIA’s policy for STA should be clarified. Recent information that states STA is not for holidays has caused angst for participants.
  • SDA policy and supply needs to improve to ensure safety and choice and control for participants, as well as market integrity.
  • Participants concerned that they will be limited in their use of unregistered providers and the impact this may have on participant choice and control.
  • Some people with disability find it hard to access the NDIS, including those from lower socio-economic backgrounds and women.
  • General workforce issues, including lack of employment progression and low pay, leading to limited markets of care. Especially with complex supports.
  • Inconsistent decision making during the NDIS plan review process resulting in too many people using the Administrative Appeals Tribunal.
  • Investment in Tier 2 or the Information, Linkages and Capacity Building (ILC) program is vital for organisations to deliver projects in the community that benefit and support people with disability.
  • The NDIA’s work should emphasise the voice of children in the NDIS and improve the early childhood pathway.
  • Some businesses use sharp practice, charging a higher fee for NDIS participants.
  • Public information about the NDIS should be easy to understand, accessible, translated when appropriate, and fully accessible.
  • Growing impatience in the disability community about the announcement about the Terms of Reference for the planned NDIS review.
  • Concern about the future of Western Australian Individualised Services (WAiS) which has indicated they will close by the end of June 2023 due to funding issues.
  • Disability advocates unable meet the demand to support participants using the AAT, particularly in the Northern Territory.

The Principal Member reminded members that some of the responses to issues raised in written reports can be found in the meeting action log.

5.2. Update on Co-Design Advisory Group activities

National Disability Insurance Agency

OFFICIAL: SENSITIVE