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Minutes of the Independent Advisory Council (IAC) to the NDIS Meeting #7 — 22 May 2024

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DOCUMENT 90

Independent Advisory Council

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

Meeting #7 — 22 May 2024 9.30am — NDIA Richmond office and hosted on MS Teams

Members

Ms Leah van Poppel, IAC Principal Member Adjunct Associate Professor Jennifer Cullen Mr James Manders Dr Leighton Jay Mr Gavin Burner Ms Sam Paior Dr Sharon Boyce (online) Ms Tricia Malowney OAM (online) Dr George Taleporos (online) Ms Sylvana Mahmic (online)

IAC Independent Consultants

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

External Attendees

Mr Michael Borowick, NDIS Provider and Worker Registration Taskforce (item 4, online) Ms Vicki O’Halloran, NDIS Provider and Worker Registration Taskforce (item 4, online)

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chairperson (online) Dr Peta Seaton, NDIA Board Member (online) Ms Rebecca Falkingham, NDIA CEO Ms Corri McKenzie, DCEO, Service Design and Improvement Mr Aaron redacted: s22(1)(a)(ii) - irrelevant material General Manager, Co-Design and Engagement (online)

IAC Secretariat

Ms Sarah redacted: s22(1)(a)(ii) - irrelevant material Acting Director, IAC & Strategic Advice Ms Gemma redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, IAC Secretariat Ms Matilda redacted: s22(1)(a)(ii) - irrelevant material Communications Officer, IAC Secretariat

Attending

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Apologies

Mr Mark Tonga, IAC Member Ms Rosemary Kayess, Disability Human Rights Commissioner Ms Natalie Wade, NDIS Provider and Worker Registration Taskforce (item 4)

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1. Welcome and Open

1.1. Welcome

  • The Principal Member Ms Leah van Poppel welcomed members and guests to the meeting and noted this was the third hybrid meeting for the year.
  • Adjunct Associate Professor Jennifer Cullen acknowledged the traditional custodians of the lands that attendees gathered on.
  • Mr Fearnley and Ms Seaton were welcomed as representatives of the NDIA Board.
  • Ms van Poppel thanked Ms Mahmic for Chairing the last IAC meeting when Ms van Poppel was ill.
  • Ms van Poppel welcomed Ms Falkingham, Ms McKenzie and Mr redacted: s22(1)(a)(ii) - irrelevant material to the meeting, and noted that as Ms Falkingham was only available until 11am, the Members Reports item would be brought forward on the agenda.
    • Item 2 IAC Update preceded items 1.2 and 1.3.

1.2. Declarations of interest

  • Action 1: All members to include information in the Standing Register of Declared Interests to the Minister as to how the interest relates to the NDIS.
  • Action 2: Secretariat to provide advice to IAC Members on the length of time a declaration remains current before it can be removed from the Register.

1.3. Confirmation of minutes and matters arising

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

2. IAC Updates

2.1. Member reports from the ground

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Independent Advisory Council

  • Members shared that many people in their communities are worried about what might change in the NDIS. This fear seems to be fueled by the new legislation, rumours and media reports.
  • Regarding Community Connections, the practice of Local Area Coordinators (LACs) does not always reflect the policy and there needs to be clear information about this.
  • Reports that eligibility reassessments are stressful for many people.
  • Reports the NDIA sometimes changes a participant’s plan outside of scheduled planning meetings. This usually happens after an informal conversation, usually over the phone.
  • Reports some people are told to leave their Specialist Disability Accommodation (SDA) because of a delay in home and living decisions and NDIS payments.
  • Continued reports of long delays in planning meetings for children and people whose circumstances have changed.
  • Calls for the NDIA to give more information on the type of home and living support in participants’ NDIS plans. Banks will not give participants a loan without this information.
  • Concerns that the NDIA is providing home and living supports that are not discussed in planning meetings. For example, some participants get SDA in their plan when they didn’t ask for it.
  • Members called for the NDIA to offer to approve claims before the participant pays for a support. They also called for more consistent information about what can be purchased and a clear way of disputing claims the NDIA denies.
  • Reports some participants are asked to get new assessments even though the NDIA already has these assessments on file. Members called for a policy that defines when participants must provide new assessments.
  • Calls for the NDIA to use a consistent process for checking in on participants with complex needs. They also called for an increase in the participant’s support coordination budget to cover the cost of reporting.
  • Calls for the NDIA to offer a logo for registered providers to help participants differentiate between registered and unregistered providers.
  • Calls for the NDIA to update their self-management guide to make a clear statement to participants and nominees that anyone paying support workers has responsibility to pay workers compensation insurance.
  • Calls for the NDIA to offer more context on the community research available on the NDIS website. The IAC also asked for guidance on how to respond to members of their community who are concerned about this research.
  • Concern the NDIS’ Early Childhood Pathway is not family-centred and strengths based.
  • Concern that Early Childhood Partners are rarely a family’s first point of contact when they have concerns about their child. Many are being referred to the NDIS by private practices.

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  • Concern for not-for-profit community-based organisations who are struggling to break even under the NDIS market-based approach.
  • Reports the community is hopeful the national Early Years Strategy will improve the lives of young children and their families.
  • Reports that the hospital and prison systems don’t allow workers time or resources to understand and support people with intellectual disability. This means people with intellectual disability are released from hospital and prison without the right supports.
  • Reports that the integrity work of the NDIA is starting to have an impact and that people who used to take liberties with their plans about holidays are rethinking it now.
  • Noted the concerning reports about women in the justice system with brain injury and the benefits of peer and informal supports for them when returning to community.

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2.2. Agency response to issues raised by Members

National Disability Insurance Agency

Ms Falkingham noted:

  • The Agency is having conversations with the government around the holistic response to the NDIA Review. There is need for a clear approach and process in dealing with all the other new recommendations, and timeframes and commitments. The Agency notes the community anxiety and would like to be able to address this.
  • There has been no change in policy for home and living decisions and the 1:3 support ratio does not exist in any form of government policy.
  • The RedBridge research has been shared on the NDIS website as it is important that government be transparent about market research.
  • Department of Social Services (DSS) is leading the implementation of foundational supports, and the Agency will be talking to DSS about the timing. Department of Prime Minister and Cabinet is responsible for developing the strategy.
  • Regarding planning backlogs, there has been unprecedented demand for change of circumstances. The Scheme Actuary has done a deep dive to look at the reasoning and revealed that often participants don’t know that a change has been requested.
  • Work is being done regarding change of circumstances, including to make sure participants are aware of a request, looking at what evidence is required, and training of some National Contact Centre staff to make minor changes to a participant’s plan details.

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  • There will be changes to the Participant Service Guarantees (PSGs) over the next 12 months, as they currently don’t capture anything other than how long a person has been waiting.
  • Regarding Community Connections, the Agency is aware something has changed with the practice with LACs. It is not true that you need a Community Connections Plan to be part of the Scheme.
  • The Minister will be making some announcements next week about commitment to support for people in justice system.
  • Pricing is moving to Ms Penelope McKay’s team. It is recognised there are issues in the pricing model and there will be communications soon about overhauling this. The team will also be looking at what can happen outside of the pricing model to support small businesses.
  • Ms McKenzie gave the update that the Agency has cleared the backlog of bank account issues in the participant portal and app.
  • Action 3: IAC to be briefed on the RedBridge NDIA Focus Group Research Report March 2023.
  • Action 4: IAC to seek update from DSS on foundational supports.
  • Action 5: IAC Secretariat to circulate the Queensland government’s response to foundational supports.
  • Action 6: IAC to seek response from Agency about what can be done to address community anxiety about NDIS and upcoming changes.
  • Action 7: Ms Falkingham, Ms Tori redacted: s47F - personal privacy and Ms Sam redacted: s22(1)(a)(ii) - irrelevant material to meet with Ms Mahmic and other interested IAC Members regarding planning backlogs and the PSGs.

2.3. Board Chair Update

  • Mr Fearnley provided a short update from the NDIS Board. He recognised the fear in the community about changes to the NDIS at the moment.
  • Mr Fearnley noted that Board recently met in Townsville and plans to meet in Darwin and Perth before the end of the year. Mr Fearnley said he is hopeful about the way the Agency is engaging with First Nations peoples and valued the opportunity to meet some great advocates in the community recently.

2.4. CEO Update

  • Ms Falkingham provided updates as she responded to Member reports from the ground.

    • Dr Taleporos left the meeting at 10.58am.
    • The meeting adjourned for a break at 11.16am; resumed at 11.28am.
    • Ms Falkingham, Ms McKenzie and Mr redacted: s22(1)(a)(ii) - irrelevant material left the meeting at 12.00pm.

3. Participants who are ageing

3.1. Participants who are ageing

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  • Ms redacted: s22(1)(a)(ii) - irrelevant material led this discussion about the draft principles for the developing IAC Advice to the Board on participants who are ageing. Ms redacted: s22(1)(a)(ii) - irrelevant material noted the key themes emerging to date from Member reports, literature review, deidentified case studies, and a review of current policy.
  • Four key themes were identified to test with IAC:
    • Premature ageing as a concept that is not well understood.
    • Trans-institutionalisation — how people move from a setting where there were a lot of rules and expectations about behaviour, and moving to a setting which is meant to not be institutionalised, but rules and restrictions remain in place.
    • There needs to be clear definitions that are consistent across systems.
    • Inequitable access — for example, people employed through sheltered employment have different superannuation to those in open employment.
  • Members noted:

    • Participants need to recognise they do not have to transition to aged care.

    • Better planning for participants who are ageing and ‘future-proofing’ should be a focus.

    • The Advice needs to address diversity, including gender, Aboriginal and Torres Strait Islander people, culturally and linguistically diverse people.

    • The Advice should recognise the value and wisdom of people who are ageing and talk about ageing in the social context of this country.

    • Dr Taleporos returned to the meeting at 12.30pm.

    • The meeting adjourned for a break at 12.47pm; resumed at 1.10pm.

    • Dr Boyce did not rejoin the meeting at this time.

4. NDIS Provider and Registration Taskforce

4.1. NDIS Provider and Registration Taskforce

National Disability Insurance Agency

  • Ms van Poppel welcomed Mr Michael Borowick and Ms Vicki O’Halloran to the meeting. Ms van Poppel noted Ms Natalie Wade as a late apology due to a time sensitive priority.
  • Ms O’Halloran and Mr Borowick thanked IAC for their submission to the Taskforce and gave an update on the engagement that has been done. The consultation phase has concluded, and the Taskforce is now in the testing phase.
  • Ms O’Halloran and Mr Borowick noted key themes arising include that regulation does not lead to safeguarding, and that any new system needs to encourage innovation. The system should also not be resource intensive and particular consideration needs to be given to safeguarding for young children.
  • Members noted:
    • The importance of ensuring that small community and peer-led organisations are not negatively impacted by change.
    • IAC would like to have any ideas tested about what model is being developed.

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  • Gender needs to be considered in this work, and consideration given to women and LGBTIQA+ communities.
  • The IAC found it difficult to come to agreement about whether everyone should be visible in the system. The recommendations about a base level on information in the system was the solution to this.
  • There is a need for participants to have assurance they are purchasing a quality service.
  • It is a person’s support needs rather than the support type that puts a person at a higher risk.
  • The current structure of the market does not give any disincentive for people to take advantage of the system.
  • The threshold for risk needs to be considered for people previously involved in the justice system when assessing if they can provide supports.
  • The Taskforce must engage with the Aboriginal and Torres Strait Islander community.

Ms O’Halloran and Mr Borowick noted that the next steps will be a series of Advisory Working Groups, webinars, round tables and individual conversations.

Dr Seaton, Mr Borowick and Ms Halloran left the meeting at 2.23pm.

5. Introduction to DCEO First Nations

5.1. Introduction to First Nations Deputy Chief Executive Officer

  • Ms van Poppel welcomed Adjunct Professor Janine Mohamed, the NDIA’s Deputy Chief Executive Officer, First Nations.
  • Adjunct Professor Mohamed shared with the Members her background and experience and gave an update on the Agency’s First Nations work, including:
    • There is a small team of 7 people who are working closely with the CEO and senior leadership and are dedicated to supporting First Nations people with disability nationally.
    • Work has been done to reshape the First Nations Advisory Council, and the group will be meeting tomorrow for the first time since September 2023.
    • It has been publicly announced that the First Nations Strategy will be delivered by December 2024.
    • The Agency has put in place a First Nations Ally Champion, a non-Indigenous person to walk alongside the First Nations Champion.
    • The First Nations team has developed its Vision — to share power in the NDIA and NDIS system, to reform and achieve equitable access and outcomes for First Nations peoples with disabilities.
  • IAC Members warmly welcomed Adjunct Professor Mohamed and shared appreciation of her update and personal introduction.

Adjunct Professor Mohamed left the meeting at 3.33pm.

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6. Endorsement of IAC Work Plan 2024-25

6.1. Endorsement of IAC Work Plan 2024-25

  • Ms van Poppel noted the IAC work plan for adoption, set to commence on 1 July 2024.
  • Two additional principles had been added since the previous version. These are ‘trauma-informed’ and ‘accessibility’.
  • The work plan is high level. The joint meeting in July with IAC Reference Groups will aim to map out more detail.
  • Members noted a number of additions:
    • The IAC has published many pieces of Advice and the workplan should note that this Advice will continue to be monitored and inform future Advice.
    • The Children, Young People Families Reference Group should map into the foundational supports priority area.
    • The responsibility for foundational supports to be updated to reflect Department of Prime Minister and Cabinet as lead for strategy and DSS for implementation.

Ms redacted: s22(1)(a)(ii) - irrelevant material noted there is a need to look at what form Advice takes, including that of shorter statements as well as full papers.

The IAC endorsed the Work Plan with the above changes.

  • Dr Boyce returned to the meeting at 2.43pm.

7. Other Business

Ms McKenzie rejoined the meeting at 3.34pm.

Mr Fearnley left the meeting at 3.38pm.

7.1. Services for One

  • Ms van Poppel noted that she spoke with NDIA DCEO Integrity Transformation and Fraud Fusion Taskforce John Dardo about engagement with IAC about Services for One. The IAC will be represented in these conversations by one IAC Member.

8. Meeting Close

The next meeting will be on 3 and 4 July, with a pre-brief on 2 July. This will be a hybrid meeting in Melbourne of the IAC and all IAC Reference Groups.

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