OFFIGAbAba SENSHEIVE DOCUMENT 95
Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
Meeting #3 — 12 September 2024 9.30am — Pan Pacific Hotel, Perth and on MS Teams
IAC Members Ms Leah van Poppel, IAC Principal Member
Adjunct Associate Professor Jennifer Cullen AM Mr James Manders
Dr Leighton Jay
Mr Gavin Burner
Ms Sam Paior
Dr Sharon Boyce (online)
Ms Tricia Malowney OAM
Dr George Taleporos (online)
Ms Sylvana Mahmic (online)
Mr Mark Tonga (online)
IAC Independent Consultants
Ms Samantha redacted: s22(1)(a)(ii) - irrelevant mate IAC Senior Independent Consultant
Ms Lucy redacted: s22(1)(a)(ii) - irre IAC Independent Consultant (online)
IAC Expert Advisor Mr Jeff Smith, CEO DANA (online)
External Attendees
Mr Luke redacted: s22(1)(a)(ii) - irrelevant mat Disability Reforms and Royal Commission, Department of Social Services (online)
Mr Kieran redacted: s47F- personal priva, Commonwealth Disability Royal Commission Taskforce, Department of Social
Services (online)
NDIA Representatives
Dr Richard Fejo, NDIA Board Member
Dr Peta Seaton AM, NDIA.Board Member (online)
Ms Rebecca Falkingham, NDIA CEO (online, item 2)
Ms Corri McKenzie, DCEO, Service Design and Improvement (online)
Ms Donna redacted: s22(1)(a)(ii) - irreleva BM, Office of the Participant Advocate (online, item 2)
Mr Matt Swainson, Acting DCEO, Governance, Risk and Legal (online, item 4) Ms Janine Mohamed, DCEO First Nations (item 6)
IAC Secretariat
Ms Kathy redacted: s22(1)(a)(ii) - irrelevant m Director, IAC & Strategic Advice
Ms Sarah redacted: s22(1)(a)(ii) - irreleva Assistant Director, IAC Secretariat
Attending s47F- personal privacy
Apology Mr Kurt Fearnley AO, NDIA Board Chairperson
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Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
- Welcome and Open
1.1. Welcome
- The Principal Member Ms Leah van Poppel welcomed members and guests to the hybrid meeting from Perth.
- Dr Leighton Jay acknowledged the traditional custodians of the lands that attendees gathered on.
- Dr Richard Fejo and Dr Peta Seaton attended as representatives of the NDIA Board.
- Ms van Poppel welcomed Ms Rebecca Falkingham and Ms Corri McKenzie to the meeting.
1.2. Confirmation of minutes and matters arising
- The minutes of the August IAC meeting were confirmed by IAC Members.
- The matters arising were confirmed by IAC Members.
1.3. Declarations of interest
- No further declarations of interest to those in the Register were advised.
- Ms van Poppel reminded IAC Members to complete both columns of the Register, explaining how the interest relates to the NDIS.
- IAC Updates
2.1. Member reports from the ground
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Key themes from Member reports included:
- ongoing concerns about the impacts of the legislative changes on individuals and the sector, and the need for all to be respectful of differing views, and to treat each other with kindness over this period of change
- support and encouragement from IAC Members for all to read the joint statement recently issued by the Disability Advocacy Network
[Joint Statement: Lateral Violence in the Disability Community | Disability Advocacy Network Australia (dana.org.au)](Joint Statement: Lateral Violence in the Disability Community | Disability Advocacy Network Australia (dana.org.au))
- continued concerns about further reports that some ‘check-in’ phone calls from the NDIA lead to unanticipated plan outcomes such as rollovers for participants
- the provision of positive examples of work occurring in some States and Territories around Foundational Supports
- where a change in circumstances is required, reports that the Agency is taking too long to progress these, contributing to negative impacts on participants
- the need for the Agency to do better in its communications and participant experience — put people back in the centre of all the Agency does.
ACTION 1: Publish on the IAC website all finalised IAC Advice to the Board.
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Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
2.2. Agency response to issues raised by Members
Ms Falkingham noted:
- the legislative change communications plan will be circulated to IAC Members ahead of its rollout
- the Agency’s $60 million peer support grant advocacy round in response to the implications of the Department of Social Services’ Information Linkages and Capacity Building grants
- the Agency is about to announce it is going to market to directly commission quality Supported Independent Living supports that will enable critical organisations to survive in anticipation of the review of the pricing model
- with respect to NDIS supports, her shared concerns about the health interface and that the Scheme should not be paying for the health system
- in addition to the absence of supports in the health system, and the critical work to be done around Navigation too with the states and territories.
2.3. Board Chair Update
As Mr Fearnley was an apology, there was no Board Chair update.
2.4. CEO Update
Ms Falkingham provided updates as she responded to Member reports from the ground.
Ms Falkingham left the meeting at 11.45am. The meeting adjourned for a short break at 11.45am; resumed at 11.50am.
- Department of Social Services (DSS) Update
3.1. Government response to the Disability Royal Commission (DRC)
The Australian government has accepted or accepted in principle 130 of 172 recommendations, whether it is either primary responsibility or shared responsibility with the states.
The government has invested $371 million as part of the initial response, building on more than $3 billion that the government has invested over successive budgets. There is a commitment to engaging very closely and working closely with the disability community, and representative organisations, to inform both the prioritisation and the implementation of recommendations that have been excepted or accepted in principle. Timelines for delivery vary significantly, depending on the recommendation, with the intention that an interim progress update be provided by the end of 2024 through Disability Reform Ministers.
The DRC taskforce that was established when the DRC final report was released is continuing as a DSS coordination point around these reforms.
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Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
3.2. Foundational Supports
- Minister Rishworth recently announced the commencement of consultation and engagement with respect to general Foundational Supports: by that DSS means information, advice, and capacity building supports.
- An introductory webinar will be held on 20 September, with other online activities scheduled over coming months including an online survey and the publication of a discussion paper to support input from the community.
- In terms of the overarching commitment, all 9 governments are working together, in line with the commitments made by the Prime Minister and First Minister, to co-design, develop together and co-fund supports that will benefit all people with disability under 65, and will, for targeted supports, benefit specific groups of people with disability outside of the NDIS.
- Once governments have decided on a final design, implementation-phasing around the stand-up of those supports is to happen progressively.
ACTION 2: DSS to provide a quarterly update on the Australian government’s response to the Disability Royal Commission and Foundational Supports.
The meeting adjourned for lunch at 12.30pm; resumed at 1.15pm.
- NDIS Amendment Bill and Way Forward
4.1. NDIS Amendment Bill
- IAC Members were informed of and discussed the Agency’s plans to communicate legislative changes to participants and provided feedback on communication methods:
- a communications kit (including social media resources) for providers to send to their participants:
- the Agency’s intention to report on a quarterly basis the Substitution Rule approvals and rejections.
ACTION 3: Legislative change communications plan to be circulated to IAC Members.
ACTION 4: IAC to receive a briefing on the Agency’s policies and procedures regarding communication with participants.
s47F- personal privacy
Dr Taleporos left the meeting at 2.30pm. The meeting adjourned for a break at 2.30pm; resumed at 3.00pm.
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Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
- Co-design Roadmap and Advisory Group Overview
5.1. Co-design Roadmap
The Agency is working on a simplified version of the co-design roadmap, capturing the single organising principle of the reform program: the experience of participants.
IAC Members identified the need to avoid the use of bureaucratic language and the use of clear and plain language instead.
- IAC Work Plan 2024-25
6.1. Addendum to Work Plan
IAC Members endorsed the additional detail in the addendum to the IAC Work Plan 2024-25 which prioritises the work of the IAC Reference Groups for the remainder of the financial year. The Work Plan addendum is to be revisited at a future IAC meeting to ensure the provision of advice on Navigators and Participant Pathways are still the highest areas of priority, and if Foundational Supports should be elevated at this time. IAC Members reflected on the summary of key themes / guiding principles from previous IAC advice and submissions (2015-2023):
- gender is to be incorporated
- human rights is to be incorporated
- the strengths-based principle is to be elaborated on.
ACTION 5: IAC to receive a briefing on the Agency’s progress on supported decision making.
ACTION 6: IAC to receive a written update on the Agency’s stance on circles of support and microboards.
ACTION 7: Ms Mahmic to meet with the Independent Advisors to the IAC to further review the guiding principles from previous IAC advice and submissions.
- Participants who are Ageing Advice
7.1. Draft Advice
IAC Members provided feedback on the draft Advice to inform changes ahead of its finalisation and endorsement at an IAC meeting later this year.
- First Nations Update
8.1. IAC First Nations Reference Group
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Independent Advisory Council
Minutes of the Independent Advisory Council (IAC) to the NDIS
- DCEO First Nations Ms Janine Mohamed provided an update on establishment progress, with an Expression of Interest process to commence in October.
8.2. First Nations Strategy
- The First Nations team is convening a First Nations Strategy Working Group dedicated to completing the Agency’s First Nations Strategy prior to the Minister’s retirement from Parliament in February 2025, or thereabouts.
- Rich, relevant and contemporary feedback has already been collated to inform the design of the Strategy, therefore the working group will not be starting from scratch.
- The team is aiming to have a draft Strategy by the end of this calendar year, or early next year, which will be put to the IAC for review and input.
Dr Taleporos returned to the meeting at 3.48pm.
- Other Business
9.1. Individualised Funding Models
- Dr Seaton, in her capacity as Chair of the Strategic Direction and Participant Outcomes Committee of the NDIA Board, requested further information from IAC Members about the strengths of New South Wales’ individualised funding model.
ACTION 8: Dr Jay and Ms Mahmic to provide requested information to Dr Seaton via the IAC Secretariat.
- Meeting Close
- Dr Jay presented a brief summary of the meeting experience:
- IT/ AV issues acknowledged
- Healthy eating options
- Thanks extended to Board Member Dr Fejo who attended in person
- Recognition of the importance of keeping to time out of respect to the accessibility needs of attendees.
- The next meeting will be online on 7 November 2024.
- Ms van Poppel closed the meeting at 4.04pm.
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