RE: SLT out of session paper - Scheme Sustainability Measures — s22(1)(a)(ii)-irrelevant material to s22(1)(a)(ii)-irrelevant material (03 April 2025 11:15:01)

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DOCUMENT 9

From: redacted: s22(1)(a)(ii) - irrelevant Peggie To: redacted: s22(1)(a)(ii) - irrelevant Sally; redacted: s22(1)(a)(ii) - irrelevant Shilpa Subject: RE: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive] Date: 03 April 2025 11:15:01 Attachments: image001.png, image002.png, image003.png, image004.png, RE SLT out of session paper - Scheme Sustainability Measures SECOFFIC… (65.3 KB).msg

Perfect, thank you. Here’s what I sent to Corri

Peggie redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Scheme Policy National Disability Insurance Agency M: redacted: s22(1)(a)(ii) - irrelevant material | E: redacted: s22(1)(a)(ii) - irrelevant

From: Sally <Sally.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Sent: Thursday, 3 April 2025 10:43 AM To: redacted: s22(1)(a)(ii) - irrelevant Peggie <Peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au>; redacted: s22(1)(a)(ii) - irrelevant Shilpa <Shilpa.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Subject: RE: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

Hi Peggie,

Consultation — funding periods for old framework plans (section 33)

Policy Branch was involved in development of the legislative amendments and drafting for the Old Framework Plans Determination 2024 concurrent with development of the s33 policy. Engagement with DSS on the instrument commenced April 2024. Worked closely with legal, service design delivery, service delivery, service guidance, strategic communications throughout legislative development.

  • s33 Policy to RPF in June, Sept and Oct 2024.
  • Consultation with participants, support coordinators and plan managers about proposed changes to s33 and how to implement the changes — including to help participants understand funding amounts and funding periods (led by Co-Design and Engagement Branch — concurrent with legislation and policy development in 2024).
  • DSS led engagement with states and territories on legislative reforms (DSOG)
  • IAC consultation and responses to questions on legislative amendments
  • Evaluation of s10 and s33 (led by Participant Outcomes, Evidence and Evaluation — ongoing)
  • Internal stakeholders - MDT for ‘FB467 Funding Periods and Funding Amounts’ (led by Strategic Change - ongoing)
  • Forward plan for engagement to update s33 policy following SLT decision 31/03 proposed as per table below. Engagement with Neurodegenerative, Palliative care and Rare Diseases Advisory Group proposed, based on feedback that there may be particular impacts for this cohort relating to funding period duration and proportion of funds in each

funding period.

redacted: s22(1)(a)(ii) - irrelevant material

Sally redacted: s22(1)(a)(ii) - irrelevant She/Her Assistant Director, Scheme Policy and Reform Scheme Policy Branch National Disability Insurance Agency E: sally.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au

The NDIA acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. We pay our respects to them and their cultures and to Elders past, present and emerging.

From: redacted: s22(1)(a)(ii) - irrelevant Peggie <Peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Sent: Wednesday, 2 April 2025 12:39 PM To: redacted: s22(1)(a)(ii) - irrelevant Shilpa <Shilpa.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au>; redacted: s22(1)(a)(ii) - irrelevant Sally <Sally.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Subject: FW: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

Hi Sal and Shilpa,

Who, if anyone, did we consult with on s33 and can you please also get me a list of the consults for s32 please?

Thanks!

Peggie redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Scheme Policy National Disability Insurance Agency M: redacted: s22(1)(a)(ii) - irrelevant material | E: peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au

From: redacted: s22(1)(a)(ii) - irrelevant material Corri <Corri.redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au> Sent: Wednesday, 2 April 2025 10:26 AM To: redacted: s22(1)(a)(ii) - irrelevant Peggie <Peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au>; redacted: s22(1)(a)(ii) - irrelevant material Prue <Prue.redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au> Cc: redacted: s22(1)(a)(ii) - irrelevant Shilpa <Shilpa.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Subject: Re: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

Thanks Peggie - can you please clarify for me - are we updating the s33 policy to reflect the policy position on funding periods for new framework plans? Or is this required in order to reflect the NFP position on funding periods for old framework plans?

The timeline below looks good to me - appreciate it is very tight - and appreciate your recommendation about commencement on 1 July (also noting this is actually really just 6 weeks from likely commencement of funding periods).

Can I confirm too - where have we consulted on funding periods for new framework plans, noting the only consultation proposed below is the Neurodegenerative etc Advisory Group?

Many thanks

Corri

From: redacted: s22(1)(a)(ii) - irrelevant Peggie Sent: Tuesday, April 1, 2025 6:42 PM To: redacted: s22(1)(a)(ii) - irrelevant material Corri; redacted: s22(1)(a)(ii) - irrelevant material Prue Cc: redacted: s22(1)(a)(ii) - irrelevant Shilpa Subject: RE: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

Hi Corri and Prue

Just coming back on your query re timeframe for updating s33 policy –

The team has put together a pretty expedited process for getting the policy updated by mid-May (see below), we are a bit limited by public hols in April. I note also that the policy position on funding periods for new framework plans is going to SLT next week, and proposes we put a 3 month default into the rule.

Some of the key policy questions for us to finalise for s33 include:

  • Can we have an outright ‘default’ position in operational policy where Act is discretionary?
    • What can we learn from case law to frame consistent application of 3 months as a defensible policy position?
  • Are there circumstances where longer funding periods may be required?
    • Potential impact on participants with degenerative conditions?
    • Best approach to supports that currently have ‘yearly’ as the unit of measure in PAPL (HEN products and Transport in Core)?
    • Other?
  • What are the likely ‘front-loading’ requirements - drawing on ADA analysis on distribution of funds?
  • What data points will be available for delegates in making the ‘risk assessment’ about funding periods on ‘day 1’, and which could we build quickly / how does this integrate with the risk profile and safeguarding initiative?
    • This includes identifying non-compliance, and alignment with other policy (i.e. plan management) on whether person is ‘unlikely to comply’ with section 46.
  • How will participants respond to shorter funding periods? (no scheme experience to date, rolling out in May 2025)

I also think SLT should give consideration to announcing the intention to start using 3 month periods in old framework from 1 July, just to give stakeholders time to adjust. We will consult with Service Delivery and Comms and can include that advice in our Policy Committee paper.

Please let me know if you have any concerns with this proposal or the timeframes.

Kind regards

Peggie

Funding periods for old framework plans (section 33) – proposed timing

Takes into account public hols

Step / action Timing Est completion Status
Engage with NDIA legal on leg parameters (default / discretion) 1 day 1/04/2025 Complete
Re-draft positions on funding period length and funding period proportions (‘drafting phase’) 2 week 15/04/2025 Underway
Legal to consider case law on ‘default’ positions where Act discretionary 1 week During drafting phase Requested
Consider ADA analysis on current use / distribution of funds for key support types to inform ‘front-loading’ position 3 day During drafting phase Underway
Consider insights from focus groups on funding periods for new framework plans TBC During drafting phase Underway
Test and amend draft position with key content SMEs:

- NDIA legal
- Service design delivery
- Service delivery
- Integrity
- Home & Living / Employment
- Service guidance
- Safeguarding initiative (risk profile)
- ADA
- Neurodegenerative, Palliative care and Rare Diseases Advisory Group (TBC meeting cadence and desirability)
2 week During drafting phase Not yet started
Draft position reviewed by Policy BM 2 days 17/04/2025 Not yet started
Draft position socialised with BMs (email and request for feedback) *Easter clash 2 days 24/04/2025 Not yet started
Review by GM, action feedback

*ANZAC clash *SLT workshops 28-29/4
2 days 1/05/2025 Not yet started
Review by DCEO, action feedback 3 days 6/05/2025 Not yet started
Circulate papers for Policy Committee

* Requirements ahead of session TBC
TBC TBC Not yet started

Peggie redacted: s22(1)(a)(ii) - irrelevant

Branch Manager, Scheme Policy

National Disability Insurance Agency

M: redacted: s22(1)(a)(ii) - irrelevant material | E: peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au

From: redacted: s22(1)(a)(ii) - irrelevant material Corri <Corri.redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au> Sent: Monday, 31 March 2025 10:40 AM To: redacted: s22(1)(a)(ii) - irrelevant material Prue <Prue.redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au>; redacted: s22(1)(a)(ii) - irrelevant Peggie <Peggie.redacted: s22(1)(a)(ii) - irrelevant@ndis.gov.au> Subject: Fw: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

FYI, per teams message.

Note proposed assumption for interval payments policy.

What’s timeline on this?

Many thanks

Corri

From: McNAUGHTON, SCOTT Sent: Friday, March 28, 2025 4:26 PM To: Falkingham, Rebecca; redacted: s22(1)(a)(ii) - irrelevant Samuel; redacted: s22(1)(a)(ii) - irrelevant David; redacted: s22(1)(a)(ii) - irrelevant Penelope; redacted: s22(1)(a)(ii) - irrelevant material Corri; redacted: s22(1)(a)(ii) - irrelevant material Janine; redacted: s22(1)(a)(ii) - irrelevant Amity; redacted: s22(1)(a)(ii) - irrelevant material Matthew; redacted: s22(1)(a)(ii) - irrelevant material David Cc: redacted: s22(1)(a)(ii) - irrelevant material Andrew

Subject: SLT out of session paper - Scheme Sustainability Measures [SEC=OFFICIAL:Sensitive]

Hi all

An action item from this week’s Scheme Projections meeting was to come back to SLT for endorsement on a suite of measures designed to further address scheme sustainability. These measures have previously been discussed at Scheme Projections.

We will use time at the SLT SoW on Monday to discuss.

Any questions please reach out.

have a nice weekend

cheers

Scott McNaughton

Deputy CEO

Service Delivery

National Disability Insurance Agency

M: redacted: s22(1)(a)(ii) - irrelevant material

redacted: s22(1)(a)(ii) - irrelevant material@ndis.gov.au