NDIA Accountability Project

This project is in DRAFT

Independent Advisory Council

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Independent Advisory Council

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  • When short term accommodation (respite) providers shut down, there is a need to understand how people with disability and their families can use their funding flexibly to get other supports.

  • Delays with SIL roster of care approvals by the Agency, leading to extended hospital stays for some participants.

  • Challenges in the provider space around:

    • Adult guardians often refuse/delay signing service agreements on behalf of participants. Providers should ensure they have the financial capacity to support the participant.
    • Reports some unregistered providers are using sharp practices to coerce participants, billing them for services not provided.
    • Inappropriate provider behaviour when there is a shortage of disability support workers.

  • All levels of government should work together with departments of health, the NDIA and other organisations to improve future emergency response and reflect on what they have learnt from the coronavirus pandemic.

  • The need for a legal expert to lead the independent review of the Agency’s external review process via AAT was raised. A question was posed regarding after the election, would the Agency consider getting a retired Federal Court Judge to prepare an independent piece of work on different AAT pathways?

Mr Hoffman noted the feedback and themes raised by Members and provided some comments back to the meeting.

Mr Hoffman advised members that they could email him directly with case delay information for investigation.

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

Action 2: Mr Hoffman to provide self-management data for circulation to Members.

3. Co-design Advisory Group feedback

3.1. Update on Co-Design Advisory Group activities

The Principal Member advised members that the Agency will provide a written report on the work of the Co-Design Advisory Group and each of the Steering Committees for each Council meeting as a factual update. A Council member will then provide an update on the Steering Committee they sit on. This will rotate each month.

For this meeting, Dr redacted: s22(1)(a)(ii) - irrelevant provided a verbal update as the new written report is still being developed. Dr redacted: s22(1)(a)(ii) - irrelevant noted that all Steering Committees have held at least one meeting and the membership has been settled.

Dr redacted: s22(1)(a)(ii) - irrelevant told Members that the Steering Committees will be co-chaired by a participant and work is currently underway with Participant Advocate redacted: s47F - personal privacy to develop a program of support for these roles.

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Independent Advisory Council

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Ms Mahmic provided Members with an update on the Support for Decision Making Steering Committee. Ms Mahmic highlighted the committee membership included fresh and diverse representation, and the Agency has allocated suitable resources to co-design.

Ms Mahmic acknowledged that there is a lot of work going into building trust with the Steering Committee and that the Agency is taking co-design seriously.

General discussion continued, with members noting:

  • A brief with milestones for each Steering Committee would be beneficial for Council members to receive
  • There needs to be representatives from the Aboriginal and Torres Strait and Culturally Linguistically Diverse communities involved in co-design

Action 3: Terms of reference for each Steering Committee to be circulated to members.

4. No Claim Made Project

4.1. Update from the Compensation Recoveries branch on the ‘No Claim Made’ project

Ms redacted: s22(1)(a)(ii) - irrelevant discussed the Agency’s plans as part of the Compensation Recoveries Project. The project aims to implement Chapter 5 Compensation payments, Part 1 Requirements to take action to get compensation. Section 104 and 105 of the NDIS Act 2013 which is currently not in use.

Ms redacted: s22(1)(a)(ii) - irrelevant noted that:

  • The project is looking at what the Agency can and must do, where a participant has indicated that their disability is as a result of a personal injury and they have not yet made a claim for compensation.
  • Currently around 7 percent of participants have a disability as a result of a personal injury.
  • The Compensation Recoveries Branch is keen to work with Council to understand how people can be supported to understand what they are doing.
  • There is a need to bring humanity to this work, and to work out what to do next.

Council members noted:

  • While the NDIA is treating this important issue sensitively, compensation is an extremely challenging area for people who are vulnerable. It was questioned if the Agency should do this work at all.
  • Council would like to work with the Agency to inform their work.
  • The human cost of compensation may be greater than the potential economic cost.
  • The need to know the projected savings and costs of the project.
  • The need to understand project details and exactly who can apply for compensation. For example, people who are self-employed, NDIS participants, prospective participants, parents who are seeking compensations for wrongful birth, etc.

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Action 4: The Secretariat to liaise further with the Compensation Recoveries Branch for further conversation on how Council can assist.

5. Equity and Inclusion Formal Advice

5.1. Endorsement of Council’s Formal Advice ‘Improving Equity in the NDIS’

The Principal Member thanked Ms Cullen and Ms redacted: s22(1)(a)(ii) - irrelevant material for co-chairing and chairing meetings with the different communities involved in developing the Formal Advice and acknowledged that the discussions have been heartfelt with the challenges raised by the communities.

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

The Principal Member noted the extensive work of Ms redacted: s22(1)(a)(ii) - irrelevant material to bring together this work and encouraged Members to provide feedback.

Ms redacted: s22(1)(a)(ii) - irrelevant material provided an overview of the Formal Advice which has been drafted through close consultation with people with disability who identify as Aboriginal and Torres Strait Islander, Culturally and Linguistically Diverse (CALD), and Lesbian, Gay, Bisexual, Transgendered, Intersex, Queer, Asexual. The intention of the advice is to improve equity in access, participation, and outcomes in the NDIS.

Ms redacted: s22(1)(a)(ii) - irrelevant material noted that the communities involved had signed off on their community reports, which will be included as an appendix in the Formal Advice without further changes, whereas the Formal Advice is signed off by Council.

General discussion continued with Members noting:

  • A strong and important piece of advice, acknowledging the many iterations and an important piece of advice for the Council to have.
  • Intersectionality needs to be at the heart of the NDIS.
  • Intersectionality goes beyond the three groups that were part of the consultation process, and includes specifically, gender as well as other factors. This needs to be acknowledged in the Formal Advice with reference to the Convention on the Rights of Persons with Disabilities (CRPD), Article 6 Women with disabilities.
  • Language used in the Formal Advice has been taken from the Agency Outcomes Measures and Survey Disability and Carers (SDAC).
  • Concern that Council’s Formal Advice could result in causing more hurt to communities if the Agency does not implement a cultural shift to enhance equity and inclusion. Noting that the Formal Advice has recommended co-design in how to make the NDIS more equitable and inclusive rather than submitting specific recommendations in the Formal Advice.
  • Acknowledging that Council is a conceptual body, making it challenging to hold the Agency to account in terms of time frames and tracking. Highlighting the difficulty in some of Council’s advice, which may not have straight forward goals.

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  • The need to work with the Secretariat on tracking the implementation of Formal Advice, noting that there are several pieces of work that will be coming to Council in the coming months.
  • Addition in current advice of a timeline to review in 3 years to see the progress against Formal Advice is a starting point. This would then assist Council in planning reviews of future Formal Advice.
  • This piece of Formal Advice asks for a cultural shift and an ongoing cultural journey; it is long term and deeply structural work. It includes views from some communities, but not all communities. Acknowledging that equity and inclusion is not limited to the three communities consulted as part of this advice with the hope that this advice will have a positive impact on other communities by default.
  • A discussion needs to be held in the future around the use of the term ‘CALD’ which is a western and Anglo-centric way of viewing ‘other’, however acknowledged this is an issue that is bigger than the Agency and Council.
  • In developing this advice, Council members involved reported they found their own assumptions and biases being highlighted, challenged, and changed, and that the only way they can be changed is over time and in discussion with different groups of people.
  • Acknowledged and thanked the Secretariat for their work and support in developing the Formal Advice.

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

In principle endorsement was given by Council members, with Ms redacted: s22(1)(a)(ii) - irrelevant material to make updates as discussed to the advice.

Ms redacted: s22(1)(a)(ii) - irrelevant material outlined the next steps of the Formal Advice process, culminating in the Formal Advice and the Agency’s draft response being presented to the July Board meeting.

The Principal Member acknowledged the deeply committed and thoughtful feedback provided by Council members, who have provided honest opinions and thanked everyone for their contributions.

Action 5: Ms redacted: s22(1)(a)(ii) - irrelevant material to add acknowledgement in the Formal Advice that intersectionality includes gender, with specific reference to the Convention on the Rights of Persons with Disabilities (CRPD), Article 6 Women with disabilities.

Action 6: Once Council submits its Formal Advice to the Board all those involved in the consultations will be notified in writing with thanks and to note that the Formal Advice has been endorsed.

6. Meeting close

6.1. Other Business

Council’s Workplan 2022-23

The Principal Member noted:

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  • Planning for Council’s new Workplan for 2022-23 will begin shortly.
  • the ‘Behaviour Supports’ Formal Advice and ‘Participants who are Ageing’ Formal Advice will be finalised in the next financial year and will form part of the Workplan 2022-23.

The Principal Member encouraged Members to consider what else should be included in the workplan.

Reference Group Meetings

The Principal Member advised these will continue to be held over the next two months, and updates will be provided to Council.

6.2. Next Meeting

The next meeting will be Thursday 26 May at 1.00pm (AEST).

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