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Minutes of the Independent Advisory Council (IAC) to the NDIS — Meeting #4 — 7 November 2024

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Independent Advisory Council

Minutes of the Independent Advisory Council (IAC) to the NDIS

Meeting #4 — 7 November 2024 1pm — online via 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 Ms Tricia Malowney OAM Dr George Taleporos Ms Sylvana Mahmic Mr Mark Tonga

IAC Independent Consultants Ms Samantha redacted: s22(1)(a)(ii) - irrelevant materia IAC Senior Independent Consultant Ms Lucy redacted: s22(1)(a)(ii) - irrele IAC Independent Consultant

IAC Expert Advisor Mr Jeff Smith, CEO DANA

External Attendees Ms Rosemary Kayess, Disability Discrimination Commissioner, Australian Human Rights Commission redacted

NDIA Representatives

Mr Kurt Fearnley AO, NDIA Board Chairperson Ms Maryanne Diamond AO, NDIA Board Member Dr Graeme Innes AM, NDIA Board Member Ms Corri McKenzie, DCEO Service Design and Improvement Dr Janice redacted: s22(1)(a)(ii) - irrele BM Evidence and Practice Leadership Ms Brooke redacted: s22(1)(a)(ii) - irreleva Director Scheme Design Ms Leanne redacted: s22(1)(a)(ii) - irrelev Assistant Director, Practice Guidance Ms Penelope McKay, DCEO Partners, Providers and Home and Living Ms Miriam redacted: s22(1)(a)(ii) - irrelevant GM Partners Dr Janine Mohamed, DCEO First Nations

IAC Secretariat Ms Kathy redacted: s22(1)(a)(ii) - irrelevant ma Director, IAC & Strategic Advice Ms Sarah redacted: s22(1)(a)(ii) - irrelevan Assistant Director, IAC Secretariat

Attending

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s47F- personal privacy Mr Mick redacted: s22(1)(a)(ii) - irreleva Executive Officer to NDIA Board Chairperson

Apologies

Ms Rebecca Falkingham, NDIA CEO Dr Peta Seaton AM, NDIA Board Member

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Independent Advisory Council

Minutes of the Independent Advisory Council (IAC) to the NDIS

  1. Welcome and Open

1.1. Welcome

  • The Principal Member Ms Leah van Poppel welcomed members and guests to the online meeting.
  • Adjunct Associate Professor Jennifer Cullen acknowledged the traditional custodians of the lands that attendees gathered on.
  • Mr Kurt Fearnley, Ms Maryanne Diamond and Dr Graeme Innes attended as representatives of the NDIA Board. Dr Peta Seaton was an apology.
  • Ms van Poppel welcomed from the Agency Ms Corri McKenzie who represented Ms Rebecca Falkingham, an apology for the meeting.

Ms Sylvana Mahmic joined the meeting at 1.09pm. Dr Sharon Boyce joined the meeting at 1.16pm.

1.2. Confirmation of minutes and matters arising

  • The minutes of the September IAC meeting were confirmed by IAC Members.
  • The matters arising were confirmed by IAC Members.

ACTION 1: The Secretariat provide a plain English explanation for the protective markings on IAC documents.

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.

ACTION 2: Dr George Taleporos to provide IAC Secretariat with a revision to one of his register of interest entries.

  1. IAC Updates:

Mr Kurt Fearnley joined the meeting at 1.28pm.

2.1. Member reports from the ground

  • Key themes from Member reports included:
    • the need for improved flexibility, clearer guidance, and enhanced communication across the NDIS. Members noted participants continue to experience inflexible plans, which contribute to administrative burdens and create anxiety. There is a call for the NDIA to enhance its communication efforts and respond more effectively to community needs.
    • confusion about recent NDIS legislation changes. This has led to uncertainty about what can be funded in NDIS plans. Members requested clarity on the classification of

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Minutes of the Independent Advisory Council (IAC) to the NDIS

certain services, such as conferences versus training, and reported that some participants are not clear about essential personal care services, such as hair washing.

  • inconsistent advice about the legislative changes from the NDIS call centre has increased participant and provider frustrations. General dissatisfaction with NDIS implementation remains high because of this.
  • participants described the fraud reporting form as inaccessible, hindering effective reporting. Members sought clarity on fraud and overspending statistics related to self-managers.
  • Circles of support and microboard facilitators reported challenges in securing consistent funding.
  • Challenges in accessing essential health services, particularly in hospitals, where participants with high-level needs are often inadequately supported.

Agency response to issues raised by Members

  • Ms McKenzie noted:
    • the Agency continues to update the frequently asked questions published on the website about the legislative changes to supports that are in or out, to increase clarity for participants and create a source of truth.
    • the public webinars have been held over the last month to provide opportunities for information sharing and questions from participants, their families and carers.
    • members can email stakeholder.engagement@ndis.gov.au with any questions about legislative changes.
    • Staff training and education continues as the Agency transitions to the new legislation.
    • the recent joint meeting of the Board and Participant Reference Group.

ACTION 3: The Agency to share the letter that has been sent to plan managers and the link to legislation information on the website which can be shared outside of the Agency.

2.2. Board Chair Update

  • Mr Fearnley noted:
    • Dr Ian Watt AC’s appointment to the Board of the NDIA in September.
    • the Quarterly Report was to be released soon.
    • the Board’s recent visit to the National Contact Centre.
    • a new Minister for the NDIA will commence in February next year.

2.3. CEO Update

  • Ms McKenzie provided updates on behalf of the CEO as she responded to Member reports from the ground.

Dr Sharon Boyce left the meeting at 2.55pm. The meeting adjourned for a short break at 2.55pm; it resumed at 3.00pm.

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Minutes of the Independent Advisory Council (IAC) to the NDIS

  1. Supported Decision Making Policy

3.1. Research Update

  • Dr Janice redacted: s22(1)(a)(ii) - irre and Ms Leanne redacted: s22(1)(a)(ii) - irrele provided a verbal research update on the Supported Decision Making Policy as part of the broader program of Scheme reform.
  • A lack of clear policy or practice guidance about supported decision-making in the NDIS, leading to inconsistent decisions by planners, was recognised.
  • As an immediate response, and to ensure consistency in decision making, in January 2024 the NDIA introduced the requirement for all requests for funding of microboards and circles of support to be referred to the Technical Advice and Practice Improvement Branch.

3.2. Policy and Implementation Plan

  • Ms Brooke redacted: s22(1)(a)(ii) - irrelev provided information relating to the Agency’s Supported Decision Making Policy implementation plan and delivery over the next 3 to 6 months.

Dr George Taleporos declared he is a member of a microboard and has been for many years.

Adjunct Associate Professor Jennifer Cullen left the meeting at 3.38pm.

  1. Navigators

4.1. Agency Update

  • Ms Penelope McKay and Ms Miriam redacted: s22(1)(a)(ii) - irrelevant provided a verbal update on the Agency’s work on Navigators, in response to the NDIS Review recommendation for the new role.
  • Ms Samantha redacted: s22(1)(a)(ii) - irrelevant mate led a discussion on the core elements of the Navigator role, the feedback from which will inform future IAC advice.

ACTION 4: Schedule an IAC Out of Session meeting to further discuss Navigators to inform an IAC brief for the Board in early 2025.

Adjunct Associate Professor Jennifer Cullen returned to the meeting at 3.50pm. Dr Sharon Boyce returned to the meeting at 3.55pm.

Ms Corri McKenzie left the meeting at 4.25pm.

The meeting adjourned for a break at 4.25pm; it resumed at 4.30pm.

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Minutes of the Independent Advisory Council (IAC) to the NDIS

  1. Participants who are Ageing Advice

5.1. Endorsement

  • The IAC endorsed sending the Board its Participants who are Ageing advice.
  • It was noted that this will occur once the Agency has drafted an Agency Response with both documents being sent to Board at once.
  1. IAC Guiding Principles

6.1. Strength Based Supports

  • In response to Member concerns about the recent changes to the NDIS resulting in a greater focus on people’s deficits, the IAC discussed providing high level advice to the NDIA Board on the need to embed strength based supports in the Scheme.

6.2. Operationalising strength based model

  • IAC Members explored several means of the operationalising strength based approaches, including focusing on strengths, facilitating, not fixing, valuing differences and collaborating, using a family’s language, and keeping language positive.

ACTION 5: Schedule an IAC Out of Session meeting to discuss advice on measures of success to be applied to future Scheme Reform.

Mr James Manders left the meeting at 4.45pm.

  1. Other Business

7.1. First Nations Update

  • IAC First Nations Reference Group: Dr Janine Mohamed provided an update on the progress of the new Reference Group, with interviews underway following a positive response to the expression of interest with 28 submissions received.
  • First Nations Strategy Working Group: Made up of 12 members, the recently formed working group has met twice and has agreed on its terms of reference and work plan and has identified 4 high level priorities which will shape the First Nations Strategy.

7.2. Publication of IAC advice on the IAC website

  • A briefing paper outlined the process followed to publish advice on the IAC website and provided information about the IAC website redevelopment project.

ACTION 6: IAC Secretariat to circulate Mr Jeff Smith’s Member Report and receive and collate feedback from IAC Members regarding the Statement on Lateral Violence.

  1. Meeting Close

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Independent Advisory Council

Minutes of the Independent Advisory Council (IAC) to the NDIS

  • Ms Tricia Malowney was assigned the effectiveness assessment for today’s meeting.
  • The next meeting of the IAC will be a hybrid meeting from Brisbane on 11 December 2024.

Ms Leah van Poppel closed the meeting at 5.07pm.

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