NDIA Accountability Project

This project is in DRAFT

Independent Advisory Council to the NDIS Meeting 4 of 2021-22 (18 October 2021)

‹ PrevPage 1 of 7 · Source p. 5Next ›

DOCUMENT 43 FOI 24/25-0546

OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 4 of 2021-22

Date: Monday 18 October 2021

Log-in details:

Independent Advisory Council meeting redacted: s22(1)(a)(ii) - irrelevant material

Session Timing
SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 1.30pm-2.00pm
ITEM 1.1 Principal Member’s welcome
ITEM 1.2 Confirmation of minutes, matters arising and declaration of interest
ITEM 1.3 Board Chair and CEO Update
SESSION 2: COUNCIL REPORTS 2.00pm-2.30pm
ITEM 2.1 Members and Expert Advisers: Reports ‘from the ground’
Break 2.30 – 2.40pm
SESSION 3: NDIS QUALITY AND SAFEGUARDS COMMISSION 2.40pm-3.30pm
ITEM 3.1 General update (including the Safeguards Bill) and discussion
Presenter: Samantha redacted: s22(1)(a)(ii) - irrelevant material Acting Commissioner, NDIS Quality and Safeguards Commission
SESSION 4: MINISTER FOR THE NDIS 3.30pm-4.30pm
ITEM 4.1 Discussion of the Council Workplan 2021-22, the Co-design Compact and Legislation feedback
Presenters: Robyn Kruk AO, Principal Member, Leah van Poppel, Sam Paior, Leighton Jay – Council Members
SESSION 5: MEETING CLOSE 4.30pm-5.00pm
ITEM 5.1 Other business
ITEM 5.2 Next meeting

OFFICIAL

Page 131 of 402

1

Independent Advisory Council

Minutes of the Independent Advisory Council to the NDIS

Meeting 4 – 18 October 2021 1.30pm to 5.00pm, hosted on MS Teams

Members

Ms Robyn Kruk AO (Principal Member) Ms Leah Van Poppel (Deputy Chair) Ms Kerry Allan-Zinner Ms Sharon Boyce Ms Jennifer Cullen Mrs Judy Huett Dr Leighton Jay Ms Sylvana Mahmic Ms Tricia Malowney OAM Mr James Manders Ms Sam Paior Ms Liz Reid AM Mr Mark Tonga

Expert Adviser

Dr Ben Gauntlett, Disability Discrimination Commissioner

NDIA Representatives

Dr Helen Nugent, NDIA Board Chair Mr Martin Hoffman, Chief Executive Officer Mr Oliver Bladek, Deputy CEO, Design, Digital and Strategy Dr Sam redacted: s22(1)(a)(ii) - irrelevant material General Manager, Policy, Advice and Research Mr Trent redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Agency Policy Ms Fiona redacted: s22(1)(a)(ii) - irrelevant material Director, Independent Advisory Council Ms Carly redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Ms Hannah redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Ms Lirije redacted: s22(1)(a)(ii) - irrelevant material Assistant Director Communications, Independent Advisory Council Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant material Senior Project Officer, Independent Advisory Council

Attending

Senator the Hon. Linda Reynolds CSC, Minister for the NDIS Ms Samantha redacted: s22(1)(a)(ii) - irrelevant material Acting NDIS Quality and Safeguards Commissioner Mr Garry redacted: s22(1)(a)(ii) - irrelevant material Senior Advisor, Office of the Hon Linda Reynolds CSC Ms Rachel redacted: s22(1)(a)(ii) - irrelevant material Senior Adviser Legislation and Regulation, Office of the Hon Linda Reynolds CSC Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM, Council’s Independent Consultant redacted: s47F - personal privacy

Apologies

Nil

National Disability Insurance Agency 1

OFFICIAL SENSITIVE

Independent Advisory Council

ndis

1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 1.30pm.

The Principal Member acknowledged the Traditional Owners of the lands on which Members, Expert Adviser and attendees were meeting.

The Principal Member:

  • thanked Members for their input into questions for the Commissioner, NDIS Quality and Safeguards Commission, which were sent to her in advance.
  • expressed thanks to those individuals who agreed to present to Minister Reynolds on behalf of Council and the preparation of background briefing material on these issues.

The Principal Member acknowledged all the work occurring out of session, thanking Members for working collaboratively with the Agency to provide advice and expertise on important topics. The Secretariat is actively working to involve both longstanding and newer Council and Reference Group members in out of session engagements.

The Principal Member noted the following additional information available in the Resource Centre on Diligent:

redacted: s22(1)(a)(ii) - irrelevant material and the Secretariat on:

  • Out of Session meeting reports from Ms redacted: s22(1)(a)(ii) - irrelevant material
    • Designing an Early Childhood Assistive Technology Approach
    • LAC Best Practice Service Model
    • Home and Living Policy subgroup
    • Autism Early Intervention
    • Complex Support Needs review consultation
    • ECEI Reset
    • Communication with participants and diverse communities
  • Action log of issues raised during previous CEO update and Members reports sessions

1.2. Minutes, matters arising and declarations of interest

Council noted the updated register of conflicts of interest circulated in advance of the meeting.

The Principal Member advised she has recently joined an Advisory Council to set up a National portal on clinical trials for the Australian Health Quality and Safety Commission.

Additionally, the following declarations were made by Members:

  • Ms Reid – appointed as Co-Chair to the NT Disability Strategy Steering Committee
  • Dr Jay – noted his recent two-month consultancy contract to write an Individualised Living Options (ILO) capacity building project proposal with a philanthropic trust

National Disability Insurance Agency 2

OFFICIAL SENSITIVE

Independent Advisory Council

ndis

  • Ms Van Poppel – advised she has been working with Eliza Hull who is writing a book called ‘We’ve got this’, about the experiences of parents with a disability. Leah noted that both she and Dr Gauntlett will be featured in the book, coming out in March 2022
  • Ms Cullen – working with the Agency in relation to work in the Kimberly

Council approved the minutes from the meeting held on 22 September 2021 and noted the matters arising.

1.3. Board Chair and CEO update

Mr Hoffman noted the release of the Annual Financial Sustainability Report (AFSR). He advised that the Agency is arranging briefings with Council and Disability Representative Organisations (DROs), in a genuine attempt to build a common understanding of the financial position and projections of the Scheme.

Mr Hoffman provided Members with:

  • an overview of the recent Disability Reform Ministers’ Meeting (DRMM), noting the increased input by state and territory governments to drive national reform in disability.
  • progress update on the legislation review, noting common feedback was the consultation period of four weeks was too short.
  • an update on co-design activities, noting discussions at the first Advisory Group meeting were genuine and productive.

Mr Hoffman advised that the Agency continues to deliver support and resources in response to the COVID-19 pandemic.

This includes supports for participants who are awaiting hospital discharge, using supported independent living (SIL), and other supports to ensure participant safety.

Mr Hoffman mentioned work is ramping up on the Annual Pricing Review, including engagement with providers and participants to understand different services. He noted the review will be completed this year.

Mr Hoffman said the Agency and States/Territories are focusing on hospital discharge for people with disability including increased expenditure being acknowledged and potential funding for interim medium term accommodation being considered rather than remaining in hospital.

The Board Chair noted the importance of the AFSR, co-design, the Agency’s COVID-19 response and thanked Members for their ongoing contributions and commitment. Additionally, the Board Chair noted the Agency’s Annual Report will be released soon.

Members thanked the Board Chair and Mr Hoffman for their updates and continued commitment to open and transparent discussions.

National Disability Insurance Agency 3

OFFICIAL SENSITIVE

Independent Advisory Council

ndis

Members were pleased to hear the focus on hospital discharge, noting the upcoming pressures for the hospital system. Members also stressing the importance of ensuring the availability of safe and adequate medium term accommodation. The Board Chair suggested providing Members with current hospital discharge data would be beneficial.

Action 1: Secretariat to distribute hospital discharge data to Members

2. Members’ Reports

2.1. Council reports on issues heard in their communities

Council Members raised the following concerns they had heard related to the NDIS:

  • Challenges with home and living supports including issues with:
    • social and community housing
    • younger people living in and moving out of residential aged care
    • medium term accommodation or transitional housing supports
    • home and living modifications
    • Specialist Disability Accommodation (SDA), Individualised Living Options (ILO) and SIL.
  • Continued impact of the COVID-19 pandemic and lockdowns on the health, safety and wellbeing of people with disability, including:
    • low vaccination rates and vaccine hesitancy among some people with disability and disability workers
    • lack of resources to help support coordinators support COVID-positive participants in their care
    • providers needing advice about disability workers moving between sites or different health services
    • support for children, young people and their families to transition to school and find work, as COVID restrictions ease
  • the need for increased communications about the benefits and value of telehealth to families who need childhood supports.
  • issues about delivering supports to participants awaiting hospital discharge. Members suggesting the Agency look at other countries’ experiences to find solutions.
  • Lack of understanding about the Department of Social Services’ (DSS) work to progress the Young People in Residential Aged Care Strategy 2020-25
  • Concerns the AFSR is not available in other accessible formats. Members said people are engaged, but struggle to understand the complex, data driven information.

The Principal Member thanked Members who provided a report in advance and noted these will be available in the Diligent Resource Centre.

Action 2: Secretariat to upload Member Reports to the Diligent Resource Centre.

National Disability Insurance Agency

OFFICIAL SENSITIVE

Independent Advisory Council

ndis

3. NDIS Quality and Safeguards Commission

3.1. General update (including the Safeguards Bill) and discussion

Ms Samantha redacted: s22(1)(a)(ii) - irrelevant material provided Council with an overview of progress of the Commission since inception, noting it now has national coverage, since Western Australia transitioned in December 2020.

Ms redacted: s22(1)(a)(ii) - irrelevant material advised Members the Commission is reviewing its operations in key areas including:

  • how well complaints are handled
  • incident reporting arrangements
  • how effectively the Commission is performing its function, noting this is being considered by a Joint Standing Committee enquiry, with a report soon to be released.
  • Quality and Safeguards framework, noting DSS is leading this work

Council Members thanked Ms redacted: s22(1)(a)(ii) - irrelevant material for her open and honest update and said they would like to inform ‘what good practice looks like’ for the NDIS Workforce Capability Framework.

Members raised the following points:

  • Providers need to understand how to prevent the escalation of behaviours of concern and the use of restrictive practice.
  • The need for audits around the quality of behaviour support plans for people receiving NDIS services. This is very important within Aboriginal and Torres Strait Islander communities, where their culture and behaviour are not well understood.
  • People with disability should have peer-led training to learn about inappropriate behaviour and their safeguards.
  • There should be a focus on building capacity and social networks that keep people with disability safe, given that it is often friends who provide safeguards.
  • Concern around using pharmacological interventions to manage behaviours of concern.
  • Thin markets or inadequate service availability result in safety issues for some NDIS participants. This is particularly serious within Aboriginal and Torres Strait Islander communities and rural and remote areas.
  • Concern that some ECEI providers do not use a best practice, strengths-based, family centred, approach to support children’s development in natural settings.

4. Minister for the NDIS

4.1. Discussion of the Council Workplan 2021-22, the Co-design Compact and

Legislation feedback

The Principal Member welcomed Minister Reynolds to the meeting and thanked her for taking the time to meet with Council.

Members presented the following items to the Minister:

  • Progress on co-design discussions
  • The Council Work Plan

National Disability Insurance Agency 5

OFFICIAL SENSITIVE

Independent Advisory Council

ndis

  • Feedback on the proposed amendments to the NDIS Act 2013 through the Participant Service Guarantee and Other Measures Bill 2013 and the time provided for consultation.

The Minister thanked Council members for their insights, open and honest advice, and their work on the co-design initiative. The Minister said that work on co-design and rebuilding trust with the disability community will benefit both the Agency and Scheme.

The Minister noted the requirement for holistic home and living supports, strong markets and ECEI supports for children and young people. The Minister also advised the Government will be working with National Aboriginal Community Controlled Health Organisations to address rural and remote workforce issues.

The Minister said her priority was to gain bipartisan agreement on the legislative review and progress the Bill through parliament. She welcomed Council’s further input and noted their concerns that the consultation period was too short. The Minister suggested Council Members work with her Senior Legislation Advisor over the coming days to outline and hopefully address their concerns. The Minister also advised Members that there will be further opportunity to provide feedback on the proposed legislative amendments through the Community Affairs Senate Committee.

Members stressed the importance of the Information, Linkages and Capacity Building (ILC) program to support people with disability who don’t meet the eligibility access requirements for the Scheme, noting inclusive mainstream services are imperative.

Members also raised the need for good plan management and choice and control for participants. This is particularly important for people with psychosocial disability and the need for reasonably available supports.

Action 3: Secretariat to arrange further discussion on Legislation review with Council Members and Minister’s Office.

5. Meeting close

5.1. Other Business

The Principal Member:

  • advised that the Agency recently launched the Sue Salthouse Scholarship and thanked those Members and Agency staff who were involved in its development.
  • noted a briefing session for Council members on the release of the AFSR is scheduled for 20 October 2021 and will be recorded for members who are unable to attend.
  • advised the trial sitting fee payment process has commenced and Members will have received notification from the Secretariat.

5.2. Next Meeting

The next meeting is scheduled on 22 November 2021 from 1.30pm-5.00pm.

National Disability Insurance Agency 6

OFFICIAL SENSITIVE