NDIA Accountability Project

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MINUTES OF THE INDEPENDENT ADVISORY COUNCIL TO THE NDIS MEETING 1 OF 2020

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FOI 24/25-0546 DOCUMENT 2

Independent Advisory Council

MINUTES OF THE INDEPENDENT ADVISORY COUNCIL TO THE NDIS

MEETING 1 OF 2020

Day 1: 17 March 2020 9.30am – 5.00pm

Members and Expert Advisers

  • Mr John Walsh (Principal Member)
  • Ms Sylvana Mahmic
  • Ms Jennifer Cullen (TC)
  • Ms Janet Meagher
  • Mr James Manders (TC)
  • Prof Anne Kavanagh (TC)
  • Ms Liz Reid (TC)
  • Ms Sue Salthouse
  • Ms Ara Cresswell, Carers Australia (TC)
  • Mr Ross Joyce, Australian Federation of Disability Organisations (TC)
  • Dr Ben Gauntlett, Disability Discrimination Commissioner
  • Mr David Moody, National Disability Services (TC)
  • Ms Jane Flanagan, Disabled People’s Organisations Australia (TC)

NDIA Representatives

  • Prof Jane Burns, Board Director (TC)
  • Mr Martin Hoffman, Chief Executive Officer
  • Mr Jeremy Dean, Deputy CEO Participants and Planning Experience (TC)
  • Ms Sarah Johnson, Scheme Actuary
  • Dr Sam redacted: s22(1)(a)(ii) - irrelevant General Manager, Advice, Research and Evaluation (TC)
  • Ms Sumone redacted: s22(1)(a)(ii) - irrelevant Branch Manager Strategy (TC)
  • Mr Peter redacted: s22(1)(a)(ii) - irrelevant Strategic Adviser Early Childhood Early Intervention (TC)
  • Ms Celia redacted: s22(1)(a)(ii) - irrelevant Branch Manager Government Relations
  • Ms Fiona redacted: s22(1)(a)(ii) - irrelevant Director Independent Advisory Council (TC)
  • Ms Marina redacted: s22(1)(a)(ii) - irrelevant Secretariat Independent Advisory Council (TC)
  • Ms Jodie redacted: s22(1)(a)(ii) - irrelevant Council Secretariat Support Officer (TC)

Attending

  • Commissioner Graeme Head AO, NDIS Quality and Safeguards Commission
  • Ms Belinda redacted: s22(1)(a)(ii) - irrelevant Council Consultant

Apologies

  • Ms Leah Van Poppel, Council Member
  • Ms Kerry Allan-Zinner, Council Member
  • Ms Judy Huett, Council Member
  • Mr Kevin Cocks, Council Member

TC = participating via teleconference

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1. Principal Member’s Welcome & Open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 9.35am and welcomed members and guests, acknowledging people’s flexibility with the meeting changes in response to COVID-19.

The Principal Member acknowledged the Traditional Owners of the land.

The Principal Member welcomed Prof. Jane Burns, NDIA Board Director since January, and Mr Jeremy Dean, Deputy CEO Participant and Planning Experience, for whom this was their first Council meeting.

The Principal Member welcomed to the Council Jane Flanagan, recently appointed expert adviser representing Disabled People’s Organisations Australia, and acknowledged the work and contributions of former Council representative Therese Sands.

1.1. Declarations of interest

Council members and expert advisers noted the updated register of conflicts of interest circulated in advance of the meeting and confirmed they had no additional conflicts to declare.

1.2. Confirmation of minutes and matters arising

The Council approved the minutes and actions arising from the meeting held on 19 and 20 November 2019.

The Council noted the overdue actions in relation to the provision of support coordination data and service guides.

2. Council Reports

2.1. Members’ reports ‘from the ground’

The Principal Member requested the Council to provide their member’s reports out of session via email to the Council Secretariat, to instead use this time to discuss the challenges of COVID-19 for people with disability.

Mr Hoffman, NDIA Chief Executive Officer, opened the session outlining the NDIA response to the outbreak, including work in building the NDIA’s risk profiling of participants with complex and critical support needs, and sharing these with State-based services to ensure continuity of care; as well as work to provide financial sustainability to the sector.

Commissioner Head noted the Commission is working closely with the NDIA and the social services portfolio to provide a coordinated response. Commissioner Head said the Commission had appointed a dedicated lead to progress the response, and manage regular communications with providers and the sector.

The Council also agreed that a targeted response to people with disability is necessary, similar to that for the aged care sector. Dr Ben Gauntlett urged the need for respect for the human rights of people with disabilities in being given equal access to all support services necessary.

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Dr Gauntlett also said the NDIA urgently needed to provide clear, authoritative information about how they will be supporting their participants, noting the challenges and risks for those who require ongoing supports to isolate, with a disability workforce who is mostly employed on a casual basis.

Prof. Anne Kavanagh presented the Centre of Research Excellence in Disability and Health (CRE-DH) call for action to develop a whole-of-government targeted response to people with disability, their families and the sector, outlining a number of concerns about the outbreak.

The Council agreed that the situation would significantly impact the disability workforce and suggested other ways of increasing capacity, such as relaxing the 20-hour work limit on student visas, using TAFE to quickly upskill students or people who had become unemployed in other sectors. Members also noted the specific challenges faced by participants who self-manage and recommended additional guidance from the NDIA.

The Council also stressed the importance of having targeted responses for Aboriginal and Torres Strait Islander participants who are exceptionally vulnerable to the virus; the need for a dedicated NDIA response team to provide immediate responses where needed; and the redeployment of NDIA resources from non-essential services to others required in the response.

3. Corporate Plan

3.1. Development of the NDIA 2020-2024 corporate plan and participant vision

Mr Hoffman briefed the Council on the development of the corporate plan and presented the Council with the new NDIA Participant Vision, which outlines the Agency’s direction and participant-facing work through to the end of 2021. The goal of the Participant Vision is to improve the participant experience, deliver on the Australian Government priorities and implement recommendations made under the NDIS Act review by David Tune.

The Council welcomed the document and opportunity to contribute.

A number of members raised the importance of clarifying the purpose of the NDIS for participants, and its capacity to change the life trajectory of participants, noting this would assist in the development of a ‘brand’ that fosters pride in the Scheme. Dr Gauntlett also noted the importance for the Agency to be a champion in employing people with disability particularly in leadership positions, suggesting an evaluation metric be added for this. The Council also suggested the inclusion of more specific evaluation metrics such as those that reflect participants achieving their outcomes; reframing financial measures of success in terms of sustainability instead of ‘expenditure is controlled’; and include rates for CALD participants (noting the current rate of 8.9% is well below the target of 20%).

The Council also stressed the importance of linking the Corporate Plan with the National Disability Strategy, as the success of the Scheme relies on the effective implementation of the Strategy.

Action 1: Council to provide further feedback on the participant vision and corporate plan out of session.

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4. Advice to Minister for the NDIS

4.1. Discussion of Council’s response to the Hon. Stuart Robert MP (in Minister’s absence)

The Council presented to Mr Hoffman the advice prepared for The Hon. Stuart Robert MP, Minister for the NDIS, on the issues raised at the November Council meeting. These included supported independent living (SIL), local area coordination (LAC) and early childhood early intervention approach (ECEI). Minister Robert was due to attend the meeting, however due to other commitments in response to COVID-19, he was a late apology.

The Council urged that the Agency approach to these topics should maximise choice and control for participants in achieving positive outcomes, in staying true to the values of the NDIS. Some of the Council’s recommendations included:

  • Local Area Coordination:
    The Council noted the consequences of the NDIA’s need to fulfil bilateral agreements. This included the LAC focus on planning, leaving a limited role in connecting participants and non-NDIS participants with mainstream and community services. Other concerns included workforce capability, adequate evaluation and monitoring of LACs, and the need to reach out to people with disability on the margins.
    The Council was pleased with the NDIA reviewing and strengthening the LAC model, however concerns were raised that implementation is only being considered until the end of 2021. A number of members also suggested that the review be broadened to include re-design issues such as potential specialisation of LACs or ability for participants to choose their LAC, among others which are not currently being considered.

  • Early Childhood Early Intervention:
    The Council recommended a refocusing of the ECEI approach, consistent with the current NDIA review, highlighting the importance of taking a strengths-based approach to early childhood supports.
    The Council noted that the ECEI approach was meant to provide any parent concerned about their children with access to timely and evidence-based information, referral and limited intervention; and only children who require long-term support becoming participants. The opposite seems to be happening, with many children becoming participants and entering the NDIS under the disability provision rather than early intervention.
    The Council also referred the NDIA to the more detailed paper and recommendations prepared for a later Board meeting.

  • Supported Independent Living:
    The Council welcomed the NDIA’s work to strengthen SIL and noted that all areas included in the program of work are important and should be addressed. However, the Council raised concerns at the implementation of this work, noting that efforts to improve the existing model may be inadequate and may lead to reputational harm to the Agency. The Council highlighted

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the importance of the NDIA considering all challenges related to SIL, or risk that the result will be that SIL is not ‘supported’, not ‘independent’, and not fit for ‘living’. A number of examples were provided to demonstrate why the current approach needs strengthening:

  • The recommendation ‘to give participants a tool to work with providers’ needs to be made useful for non-verbal, cognitively challenged residents. Understanding the diversity and communication needs and limitations of particular participant groups is essential when formulating an Agency direction in relation to SIL.
  • Each recommendation which includes ‘engaging participants’ would need to recognise that those individuals who come into NDIS from institutional settings require active ongoing structured processes to enable their capacity to choose, or even to personally decide on a goal. These processes need to be embedded in SIL for it to work as intended, and until such time participants need to be able to access independent support for decision making.

In addition, Council argued for the separation of housing and support as critical for participant choice and control. Council also stressed the need for participants to be given a stronger and independent voice in the development of their home and living options and support coordination, including through alternatives to the SIL model.

The Principal Member acknowledged the work of a number of Council members during the preparation of this advice and informed that in the Minister’s absence, the formal response will be provided to the Minister’s Office after the meeting.

Action 2: The Council Secretariat to forward the formal response to the Minister’s Office.

5. Tune Review

5.1. Tune recommendations

Ms Celia redacted: s22(1)(a)(ii) - irrelevant Branch Manager Government Relations, briefed the meeting on the NDIA work in developing the government response to the Tune Review and Participant Survey Guarantee.

Ms redacted: s22(1)(a)(ii) - irrelevant noted that out of the 29 Tune recommendations, 19 require a change in the NDIA Act Rules, noting many of these changes will allow for the start of many projects already approved by the NDIA. In relation to the Participant Service Guarantee (PSG), Ms redacted: s22(1)(a)(ii) - irrelevant mentioned that this program of work is well underway, as a 2019 election commitment. However, Ms redacted: s22(1)(a)(ii) - irrelevant anticipated challenges in the implementation of some of the KPIs included in the PSG, which are new to the NDIA.

The Principal Member requested the Council gather again when the Government response to the Tune Review is publicly available, to discuss the response and ensure people with disability remain at the centre of the Scheme.

Action 3: Once government response is publicly available, the Council to provide feedback to the NDIA on the response.

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5.2. Participant Satisfaction Survey

Ms Sarah Johnson, Scheme Actuary, discussed with the Council recommendation 54 of the Tune Review. It recommends that the Council develop an independent participant satisfaction survey.

Ms Johnson noted that the NDIA had implemented a more independent and comprehensive participant satisfaction survey, which provided more accurate insights on participant satisfaction. Ms Johnson discussed with the Council the key differences between the old and new surveys.

Members noted the improved features of the new survey, and made suggestions to enhance the survey content in reporting satisfaction with supports that contribute to an ordinary life and meet the participant vision. The Council welcomed the introduction of a modular form in the new survey which will enable the NDIA to capture longitudinal data on a variety of topics, and recommended additional investigation on shortcomings identified by participants and their families or carers, including through the use of qualitative questions.

The Council agreed to work out of session with the Scheme Actuary in the development of a participant satisfaction survey.

Action 4: The Principal Member to nominate a sub-group of Council members to engage with the NDIA in the development of the participant satisfaction survey.

6. Scheme Actuary

6.1. Quarterly report update (ECEI focus)

Ms Johnson briefed the meeting on the Quarterly Report and the ECEI deep dive.

In responding to discussion, Ms Johnson indicated that the top concerns highlighted in the ECEI data are:

  • who is in the ECEI gateway and who is not;
  • the extent to which children enter the NDIS under s24 (disability requirements) or s25 (early intervention requirements); and
  • the use of specialist services in plans, noting that the NDIA requires system enhancements to understand the nature of plan utilisation by self-managed participants or in self-managed parts of plans. Given the highest rate of self-management is in ECEI participants with autism, the NDIA is interested to understand the models of support used.

7. Early Childhood Early Intervention

7.1. Council’s advice on the NDIS Early Childhood Early Intervention approach

The Council discussed their latest advice “Promoting best practice in Early Childhood Intervention in the NDIS” paper, which coincides with the NDIS review of the ECEI approach and strategy refresh.

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The aim of the paper is to inform this review, highlighting the needs of children and families. This will enable best practice early childhood intervention and maximise the independence and inclusion of young children with disability.

The Council made a number of recommendations including refocusing the ECEI approach, strengthening ECI practice and developing a workforce strategy.

The Council endorsed the advice, which will be formally presented to the NDIA Board at its May meeting.

8. Meeting close

8.1. Other business

The Principal Member updated the Council on the Reference Group meetings held on 3, 4 and 5 March in Sydney.

The next Council meetings will be shorter, more frequent and held exclusively via conference call.

**Due to the COVID-19 outbreak, and to prioritise the health and wellbeing of Council members and expert advisers as well as NDIA staff, only Sydney-based attendees met in person, with the rest of the Council and presenters attending via teleconference. As a result, the original Agenda was shortened from two to a one-day meeting.

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FOI 24/25-0546 DOCUMENT 3

MEETING AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Date: Tuesday 31 March 2020

Teleconference details Host: John Walsh
Australia Freecall: redacted: s22(1)(a)(ii) - irrelevant redacted: s22(1)(a)(ii) - irrelevant
Host Passcode (John): redacted: s22(1)(a)(ii) - irrelevant
Guest Passcode:

SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 11.00am-11.30am

  • 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: PARTICIPANT REFERENCE GROUP 11.30am-12.15pm

  • ITEM 2.1 ‘Participants First’ - Updated Participant Reference Group Engagement Model
    Presenter: Maryanne Diamond, General Manager Disability Advocacy and Simon redacted Director Participant Reference Group

SESSION 3: COUNCIL COMMUNICATIONS 12.15pm-1.00pm

  • ITEM 3.1 Council Communication Strategy
    Presenter: Richard redacted: s22(1)(a)(ii) - irrelevant Branch Manager Strategic Communications Media and Marketing

SESSION 4: MEETING CLOSE 1.00pm-1.05pm

  • ITEM 4.1 Other Business

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