NDIA Accountability Project

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Minutes of the Independent Advisory Council (IAC) to the NDIS Meeting #6 - 15 April 2024

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DOCUMENT 87

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

Meeting #6 - 15 April 2024 1pm, online via MS Teams

Members

Ms Sylvana Mahmic (acting Chair) Adjunct Associate Professor Jennifer Cullen Mr James Manders (joined 1.15pm) Dr Leighton Jay Dr George Taleporos Mr Gavin Burner Dr Sharon Boyce Ms Tricia Malowney OAM Ms Sam Paior Mr Mark Tonga

IAC Independent Consultants

Ms Samantha redacted: s22(1)(a)(ii) - irrelevant material Senior Independent Consultant Ms Lucy redacted: s22(1)(a)(ii) - irrelevant material Independent Consultant

NDIA Representatives

Ms Rebecca Falkingham, NDIA CEO Ms Meredith Allan, NDIA Board Member Dr Peta Seaton, NDIA Board Member Ms Corri McKenzie, DCEO, Service Design and Improvement Mr Andrew redacted: s22(1)(a)(ii) - irrelevant material Deputy Chief Counsel Ms Alex redacted: s22(1)(a)(ii) - irrelevant material Acting Branch Manager, Co-design Mr Jamie redacted: s22(1)(a)(ii) - irrelevant material Director, Co-design Capability Mr Mick redacted: s22(1)(a)(ii) - irrelevant material Executive Officer to NDIA Board Chair

IAC Secretariat

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

Attending

redacted: s47F - personal privacy

Apologies

Ms Leah van Poppel, IAC Principal Member Mr Kurt Fearnley, NDIA Board Chairperson Ms Rosemary Kayess, Disability Discrimination Commissioner Ms Prue redacted: s22(1)(a)(ii) - irrelevant material General Manager, Policy Advice & Research

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1. Welcome and Open

1.1. Welcome

  • Ms Sylvana Mahmic welcomed IAC Members and guests to the online meeting, noting an apology from IAC Principal Member Leah van Poppel.
  • NDIA Board Chair Mr Kurt Fearnley was an apology however Executive Officer to NDIA Board Chair, Mr Mick redacted: s22(1)(a)(ii) - irrelevant material observed the meeting. NDIA Board members Ms Meredith Allan and Dr Peta Seaton represented the Board.
  • Ms Rosemary Kayess, Disability Discrimination Commissioner, was an apology.

1.2. Declarations of interest

redacted: s47F - personal privacy

1.3. Confirmation of minutes and matters arising

  • The minutes of the February IAC meeting were confirmed by IAC Members.

2. IAC Updates

2.1. Member Reports from the Ground

  • Members highlighted that some disability services are facing issues that impact participant outcomes. This includes staffing issues, as well as closure and funding uncertainty. Some of this funding is part of the Information Linkages and Capacity Building program.
  • Concerns were raised about recent media coverage of NDIS provider abuse and NDIS supports for people in contact with the justice system. Members stressed that all people with disability should have safeguards and access to the support they need.
  • Members said that improved engagement and sharing of accessible information with the community is important. It would reassure the sector about the NDIS legislative reforms. Similarly, they noted the need to improve community understanding about NDIA co-design.

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  • Planners are reportedly connecting the personal profile of support coordinators with participants, creating a privacy issue.
  • There is widespread misuse of the NDIS logo. Clear guidelines about appropriate use need to be followed to protect vulnerable community members and misinterpretation.
  • Plans, supports and services for participants may benefit from the use of innovative and inexpensive artificial intelligence solutions, of which a demonstration was offered.
  • General delays with planning are contributing to very low morale among participants, coordinators, NDIA staff and Local Area Coordinators. Members also noted systemic issues with NDIS supports, especially for home and living and children and young people.
  • There is a lack of rural and regional and online information sessions by the Engagement and Inclusion branch which is holding sessions in Sydney to provide an overview of the participant journey.
  • First Nations people in regional New South Wales are reporting there is too much paperwork involved in accessing the Scheme, and it’s too hard to navigate. There is also a significant distrust of non-First Nations workers.
  • Systemic issues and repetitive behaviours need to be considered by the Agency and the NDIS Commission as part of the NDIS Review recommendations.
  • There are concerns by Members about the increasing politicisation of disability.
  • There are reports that unreasonable notice is being provided ahead of critical meetings like plan reviews and support coordination meetings, either on the day or only 24 hours in advance. This does not allow time to plan for meetings, gather information or arrange for key supports to be present.
  • Members raised the most recent episode of 60 Minutes and the need to work harder to permanently exclude people from the sector with the wrong values.

redacted: s47F - personal privacy

  • At Department of Social Services (DSS) legislative reform events last week people were being silenced, with questions in the chat being deleted and no responses provided.
  • The expansion of intensive therapy services for young children within the NDIS raises questions about their efficacy and alignment with child and family needs. The cost of intensive therapy for little children is escalating to as much as $52,000 per year, per child and raises questions about it being good for the child or good for the business model only. It is also understood that advice from the Early Childhood branch on intensives has been overturned by the Administrative Appeals Tribunal.

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  • Reports from the ground in NSW and Queensland suggest that families who have multi-faceted needs are not being supported well by the NDIS and that this pattern is increasing. These families are making their way to government services, such as health or community services, who are referring them to not-for-profit early childhood intervention organisations.

Ms Rebecca Falkingham provided the following comments:

  • There was acknowledgement of the need for more enforcement in cases of misuse of the NDIS logo.
  • The Strategic Direction and Participant Outcomes Committee and some senior Agency staff are interested in the Artificial Intelligence demonstration offered by Ms Sam Paior.
  • Apologies were made for current delays in the system that extend beyond the introduction of PACE to the changed role of planners and the need for more training and support as planners move toward face-to-face meetings again. Recruitment for 1,000 roles is underway.
  • At some check-in meetings, decisions are being made to simply roll over or continue a plan without the level of consent expected from the participant. Ms Corri McKenzie has been tasked with improving scripts for planners to ensure plans aren’t just rolled over and that it is clear the purpose of the call is understood by the participant from the outset.
  • Instances of limited notice being provided for critical meetings should be relayed to the Agency. It is not consistent with the operational guidance around notice periods for participants.
  • Participant safeguards, worker exclusions and Working With Children Check schemes will be raised with Acting NDIS Commissioner Michael Phelan.
  • The Agency is going to great lengths to explain the proposed legislative changes to the community and reiterate that nothing has changed – that they are literally amendments before the Parliament.
  • Feedback received regarding DSS webinars has been passed on to DSS Secretary Mr Ray Griggs.
  • The matter of IAC appointments, particularly for Western Australia and the Northern Territory, has been raised with Mr Griggs as a matter of urgency and will also be raised directly with the Minister.

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  • There is a much stronger desire from the State and Territory Ministers to have more state and territory representation from the community involved in co-design. The Agency is awaiting feedback from them on the current co-design framework.

Ms Corri McKenzie provided the following comments:

  • The Agency had recently become aware of potential privacy issues about support coordinators and personal details. Ms McKenzie confirmed it is a practice issue with a technical fix going live in July and that the National Call Centre should be contacted to make changes.

2.2. Agency response to issues raised by Members

  • Responses to questions put at previous meetings were included in the meeting papers.

2.3. Board Chair Update

  • There was no Board Chair update as Mr Kurt Fearnley was an apology for this meeting.

2.4. CEO Update

  • Ms Falkingham provided updates as she responded to Member Reports from the Ground.

The meeting adjourned for a break at 2.47pm; resumed at 2.57pm.

Ms Malowney did not rejoin the meeting at this time.

3. NDIS Legislative Reform Discussion

3.1. NDIS Amendment (Getting the NDIS Back on Track No1) Bill 2024

  • Members raised concerns about the:
    • new rule-making powers that aim to clarify how access criteria should be applied.
    • the legislation’s proposed definition of ‘NDIS support’ (section 10), that will set out what you can and cannot spend your NDIS funding on.

Ms Malowney rejoined the meeting at 3.18pm.

  • Members commended the NDIA’s work with the IAC to better explain the legislative reforms and likely timeframes. They urged the Agency to share more explanatory information with the public in plain English. They noted that more time should be taken to include the disability community in how proposed changes to laws may affect them, and how new rules and processes are developed using true co-design.

Ms Falkingham and Mr redacted: s47F - personal privacy left the meeting at 3.55pm.

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The meeting adjourned for a break at 3.55pm; resumed at 4.05pm.

4. Co-design: Consultation with the Disability Community

4.1. Co-design principles

  • Members said it was important to:
    • learn from and build on the strong co-design work already done by the Agency
    • use co-evaluation as part of co-design
    • have more diverse people involved in co-design
    • give co-design projects the time they need to be done right.

Mr James Manders left the meeting at 4.22pm; rejoined at 4.31pm

5. IAC Priorities for Advice 2024-25

5.1. NDIS Provider and Worker Registration Submission

  • Ms Samantha redacted: s22(1)(a)(ii) - irrelevant material IAC Senior Independent Advisor, summarised IAC feedback so far to inform the IAC’s submission, due 28 April 2024.
  • Members were encouraged to review the circulated written summary and provide any further input as soon as possible.

5.2. Draft IAC Workplan 2024-25

  • Due to time constraints, this item was not discussed however IAC Members were asked to provide written feedback on the draft Work Plan to the IAC Secretariat.
  • Board Member Dr Peta Seaton shared that the Strategic Direction and Participant Outcomes Committee (a sub-Committee of the Board) of which she is Chair, is liaising closely with the IAC Principal Member on the direction supplied by the Committee to prevent duplications of effort and ensure best possible inputs from the IAC and Work Plan linkages.

6. Other Business

6.1. Other business

  • Ms Meredith Allan congratulated the IAC on its Positive Behaviour Support draft policy guidelines.

7. Next meeting

  • The next meeting will be a hybrid meeting from Melbourne on 22 May 2024.

Ms Mahmic closed the meeting at 5.05pm.

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