Meeting of Risk Committee
27 November 2023
9:30am — 11:30am (AEDT) 121 Henry Street, Penrith, NSW / Teams
Attendance
Committee members:
- Ms Maryanne Diamond AO, Chair
- Mr Kurt Fearnley AO
- Ms Meredith Allan
- Dr Denis Napthine AO
Board members:
- Dr Graeme Innes AM
- Ms Estelle Pearson
- Dr Peta Seaton AM
- Dr Richard Fejo
- Ms Leah van Poppel
Management representatives:
- Ms Rebecca Falkingham, Chief Executive Officer
- Ms Debbie Mitchell PSM, DCEO Governance, Risk & Integrity
- Mr Scott McNaughton, DCEO Service Delivery
- Mr Mark Sullivan, GM Audit and Risk Division
Other attendees:
- Mr Tom McGregor, General Counsel - item 4.4
- Mr John Dardo, Chief Transformation Officer - item 4.5
- Ms Kitsa Papadopoulos, GM Fraud Fusion Taskforce — item 4.5
- Mr Matthew Curtis, BM Governance & Royal Commissions (Secretariat)
- Mr Mick Turner, EO to Board Chair
Apologies:
- Nil
Minutes – NDIA Risk Committee of 27 November 2023
The Minutes are presented in order that items were discussed in the meeting.
1. Meeting open
1.1 Chair’s welcome, Acknowledgment of Country and apologies
The Chair welcomed everyone to the meeting, provided an Acknowledgement of Country, and noted there were no apologies.
1.2 Declaration of material interests
The Chair noted there were no updates to the members’ declarations of material interests.
2. In-camera
The Chair conferred with the Committee and confirmed that no in-camera session was required.
3. Administration
3.1 Minutes of the 14 September 2023 meeting
The Committee approved the minutes of the meeting held on 14 September 2023.
3.2 Matters arising
The Committee noted the matters arising report for November 2023, approving the closure of the items proposed to be closed.
4. Matters for discussion and decision
4.1 Chief Risk Officer (CRO) Report
Ms van Poppel joined the meeting. Mr Sullivan introduced the item and gave an overview of the key matters for the Committee’s consideration, as set out in the paper.
The Committee discussed the CRO Report in detail, in particular:
- results of the 2023 Comcover Benchmarking survey and consequential enhancements to the Risk Management framework.
- enhanced focus emergency management resourcing and operations to be delivered as part of the Agency’s new structure.
- feedback loop for tip off referrals.
- deferral of the sunsetting date for the NDIS Risk Management Rules to 1 October 2025.
Resolution: The Risk Committee agreed that the Q1 CRO Report is an accurate account of NDIA risks and controls, and to remit relevant content to the next meeting of the NDIA Board. The Risk Committee noted the 2023 Comcover Benchmarking Survey results. The Risk Committee noted the deferral of the sunsetting of the NDIS – Risk Management Rules 2013.
Review of the Risk Management Strategy
Mr Sullivan introduced the item and gave an overview of the key matters for the Committee’s consideration, as set out in the paper.
The Committee discussed the Risk Management Strategy in detail, with particular reference to the broader strategic environment and impact of recommendations arising from the Disability Royal Commission and NDIS Review.
The Committee noted that Risk Management Strategy would continue to be closely monitored as part the annual legislative requirement and that, if approved by the Committee, the Strategy will progress to the Disability Reform Ministerial Council in early 2024.
Resolution:
The Risk Committee endorsed the NDIA Risk Management Strategy for consideration by the Board.
Strategic Risk Settings for FY2023-24
Mr Sullivan introduced the item and gave an overview of the key matters for the Committee’s consideration, as set out in the paper.
Mr Sullivan noted that the Risk Settings and associated architecture focus on lead risk indicators that foreshadow risk degradation.
The Committee discussed the Strategic Risk Settings for FY2023-24 including tailored risk appetite statements, Key Risk Indicators (KRIs) and Current/Target risk ratings in the context of the Disability Royal Commission and NDIS Review findings and recommendations, Agency reporting, and the interplay between risk and the Agency Strategy.
Resolution:
The Risk Committee endorsed the Strategic Risk Settings for FY2023-24.
Chief Counsel and General Counsel Report
Mr McGregor joined the meeting.
[redacted — s42]
Minutes – NDIA Risk Committee of 27 November 2023
s 42 - legal professional privilege
Mr McGregor left the meeting.
4.5 Fraud and Risk Update
Mr Dardo and Ms Papadopoulos joined the meeting. Ms Falkingham left the meeting.
Mr Dardo [redacted — s47C deliberative process; s 47E(d) operations of agency]
4.6 Operation Royal
Ms Mitchell provided a detailed briefing on Operational Royal, including the background and current status of the operation.
The Committee discussed the impact on affected participants and timeline of for notification.
The Committee noted that a further update would be provided at the Board Meeting scheduled for the following day (28 November 2023).
5. Meeting close
5.1 Next Meeting
The meeting closed at 11.32 am AEDT.
The Committee noted the next meeting will be held on 14 March 2024 (online).