FOI 24/25-0546 DOCUMENT 9

MEETING AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Date: Tuesday 12 May 2020

SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 11.00am-11.45am

ITEM 1.1 Principal Member’s welcome
ITEM 1.2 Confirmation of Minutes and Declarations of interest
ITEM 1.3 COVID-19 update

SESSION 2: DECISION MAKING 11.45am-12.30pm

ITEM 2.1 Support for Decision Making

NDIA Representative: Sam redacted: s22(1)(a)(ii) - irrelevant General Manager Advice, Research and Evaluation

SESSION 3: INTERMEDIARIES 12.30pm-1.15pm

ITEM 3.1 Support Coordination Update

NDIA Representative: Liz redacted: s22(1)(a)(ii) - irrelevant A/g GM Provider and Markets & Bridey redacted: s22(1)(a)(ii) - irrelevant

SESSION 3: MEETING CLOSE 1.15pm-1.30pm

ITEM 3.1 Other Business

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MINUTES OF THE INDEPENDENT ADVISORY COUNCIL TO THE NDIS

MEETING 5 OF 2020

12 May 2020 11.00am to 1.30pm, hosted on the Microsoft Teams platform

Members

Mr John Walsh AM (Principal Member)
Ms Sylvana Mahmic
Ms Jennifer Cullen
Ms Janet Meagher AM
Mr James Manders
Ms Liz Reid
Ms Sue Salthouse
Ms Kerry Allan-Zinner
Mrs Judy Huett
Mr Kevin Cocks AM
Ms Leah van Poppel

Expert Advisers

Mr Ross Joyce, Australian Federation of Disability Organisations
Dr Ben Gauntlett, Disability Discrimination Commissioner
Mr David Moody, National Disability Services
Ms Ara Cresswell, Carers Australia

NDIA Representatives

Ms Estelle Pearson, Board Director
Mr Martin Hoffman, Chief Executive Officer
Mr Oliver Bladek, Deputy CEO Design, Digital and Strategy
Dr Sam redacted: s22(1)(a)(ii) - irrelevant General Manager, Advice, Research and Evaluation
Ms Liz redacted: s22(1)(a)(ii) - irrelevant A/g General Manager, Provider and Markets
Ms Kathy redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Subject Matter Experts and Advice
Ms Deb redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Scheme Policy
Ms Bridey redacted: s22(1)(a)(ii) - irrelevant Director, Provider and Markets
Ms Fiona redacted: s22(1)(a)(ii) - irrelevant Director, Independent Advisory Council
Ms Marina redacted: s22(1)(a)(ii) - irrelevant Secretariat Independent Advisory Council
Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant Project Officer, Advice, Research and Evaluation

Attending

Ms Belinda redacted: s22(1)(a)(ii) - irrelevant AM, Council Consultant

Apologies

Prof Anne Kavanagah, Council Member
Ms Jane Flanagan, Disabled People’s Organisations Australia
Mr Jim Minto, Board Director
Mr John Langoulant AO, Board Director
Mr Paul O’Sullivan, Board Director
Ms Jodie redacted: s22(1)(a)(ii) - irrelevant Council Secretariat Support Officer

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1. Principal Member’s Welcome & Open

1.1. Principal Member’s Welcome

The Principal Member opened the meeting at 11.00am.

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

1.2. Confirmation of Minutes and Declarations of Interest

Council members and expert advisers noted the updated register of conflicts of interest circulated in advance of the meeting. S47F- personal privacy

The Council approved the minutes from the meeting held on 28 April 2020.

1.3. COVID-19 Update

Mr Martin Hoffman, NDIA Chief Executive Officer (CEO) updated the meeting on his attendance at a recent Joint Standing Committee briefing alongside representatives from the NDIS Quality and Safeguards Commission (Commission) and the Department of Social Services (DSS). Mr Hoffman said there was a positive sentiment about the current situation in relation to COVID-19 and the supports in place for people with disability.

In relation to impacts on participants and providers, Mr Hoffman said that NDIA data showed a loss of revenue of around 15-20% in the categories of day programs and out of home activities, however figures were improving. Ms Ara Cresswell raised the concerns from families and carers about people spending more of their plan funding more quickly due to requiring more support at the home. Mr Hoffman noted the NDIA is reviewing plans which reflect this and may require adjustments.

Mr Kevin Cocks queried whether people with a disability, including those in supported employment, are receiving government support through the Job Seeker or Job Keeper programs, and if they want to access these programs do they risk losing the disability pension. Mr Hoffman noted this is an issue for DSS - the Secretariat seek some information on this issue.

Ms Leah van Poppel raised the issue of lack of consistency in how SDA and SIL providers are responding to the government restrictions, noting some providers are requiring people in congregate settings to be in lock down in their rooms and some ADEs have closed, while others continue to operate. Mr Hoffman noted this is an issue for the Commission to respond

this will be followed up with Commissioner Head.

Ms Deb redacted: s22(1)(a)(ii) - irrelevant Branch Manager Scheme Policy, provided a brief overview of the COVID- 19 Operational Plan for People with Disability. Mrs Judy Huett noted the need for better accessibility of the document in its current form and offered to provide advice out of session.

Action 1: The Secretariat to forward Mr Cocks’ question to the relevant business area within the Department of Social Services.

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Action 2: The Secretariat to forward Ms van Poppel’s question to the NDIS Quality and Safeguards Commission for response.

Action 3: Ms redacted: s22(1)(a)(ii) - irrelevant to follow up with Mrs Huett out of session in relation to the accessibility of the COVID-19 Operational Plan for People with Disability.

2. Decision Making

2.1. Support for Decision Making

Dr Sam redacted: s22(1)(a)(ii) - irrelevant briefed the meeting on the latest developments since the Council advice ‘Support for Decision Making in the NDIS’ was formally presented at the Board meeting of November 2019, alongside the NDIA management response.

Dr redacted: s22(1)(a)(ii) - irrelevant acknowledged that support for decision making is a work in progress for the NDIA, and said the Board committed to refining the management response to enable proper implementation of the recommendations. Dr redacted: s22(1)(a)(ii) - irrelevant noted that the NDIA is heavily committed to the ILC Individual Capacity Building Program, to focus on activities which reflect some of Council’s recommendations.

Ms Belinda redacted: s22(1)(a)(ii) - irrelevant gave a brief overview of Council’s advice and recommendations, and the importance of decision making support for all NDIS participants.

Council discussed the nuanced approach needed for effective decision making support, and the different skills required according to individual needs, situation and decision support. Members raised the power imbalance that exists between people with disability and their legally appointed guardians; noting the NDIA still has the responsibility to work with the participant and provide decision-making support.

Ms Estelle Pearson, NDIA Board Director, acknowledged the importance of this work and raised a number of challenges for the NDIA including the need for a cultural shift and consistent approach across the NDIA, Partners, Providers and participants and their families. Ms Pearson highlighted the potential positive impact on Scheme Sustainability if this work is implemented, noting that capacity building supports have the lowest utilisation rate in participants’ plans.

Council noted that support for decision making is a fundamental right for people with disability, and if implemented well, would have a flow on effect on other areas, bringing positive outcomes for people with disability, particularly those most vulnerable, who have experienced abuse and live in isolation or congregate settings.

Members highlighted the distinction between support for decision making and supported decision making, noting the paper focused on support ‘for’ decision-making, which does not require any legislative change. Members also noted a number of resources available in Australia, which the Agency could draw upon to guide consistent work across the country.

3. Intermediaries

3.1. Support Coordination Update

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Ms Liz redacted: s22(1)(a)(ii) - irrelevant A/g General Manager Provider and Markets, briefed the Council on support coordination.

Ms redacted: s22(1)(a)(ii) - irrelevant outlined a number of reviews questioning the effectiveness of support coordination as currently implemented, including the Tune Review and Productivity Commission Review of NDIA costs. This led to the NDIA taking a step back to rethink the design of support coordination in the NDIS and how it should look in the future. A public consultation is aimed for late July, which will consult on a number of design issues including:

Interface with other NDIA functions: role of planners, LACs and support coordinators.
Conflict of interests: currently 86% of providers delivering support coordination are also providers of other supports.
Access and quality of services: current utilisation of support coordination is 58%.
Specific participant cohorts who mostly benefit from support coordination.
Specialised role of support coordinators (such as in housing, employment or education).

The Council raised concerns at the high number of providers providing both support coordination and other services, and the potential negative impact on outcomes for participants, as well as choice and control. Council members suggested analysing the data on support coordinators who are also support workers or plan managers, and whether those participants who have support coordination independent of other supports have better utilisation rates and outcomes.

Council members also raised the importance of asking participants about their experiences with their support coordinator and their understanding of the role, and whether it was discussed during the planning meeting, noting a significant number of participants do not understand the role or are unaware they have the service included in their plans.

Action 4: Ms redacted: s22(1)(a)(ii) - irrelevant to return to Council with the draft consultation paper for further feedback before consultation is open for the public.

4. Meeting Close

4.1. Other Business

The next meeting is scheduled on 26 May, to be hosted on the Microsoft Teams platform

The meeting closed 1.20pm.

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