NDIA Accountability Project

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Minutes of the Independent Advisory Council (IAC) to the NDIS Meeting 1 — 10 August 2023

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DOCUMENT 77

Independent Advisory Council

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

Meeting 1 — 10 August 2023 1pm — 4pm — hosted on Ms Teams.

Members

Ms Leah Van Poppel

Adjunct Associate Professor Jennifer Cullen (from session 3.1) Ms Sylvana Mahmic

Mr James Manders

Ms Liz Reid AM, Member

Dr George Taleporos

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chair

Ms Peta Seaton, NDIA Board Director

Ms Rebecca Falkingham, Chief Executive Officer

Ms Corri McKenzie, DCEO Service Design and Improvement

Ms Sam redacted: s22(1)(a)(ii) - irrelevant General Manager Policy Advice and Research

Ms Lisa redacted: s22(1)(a)(ii) - irrelevant A/g General Manager, Strategy & Priorities

Ms Cintia redacted: s22(1)(a)(ii) - irrelevant Director, Strategy & Priorities

Ms Marina redacted: s22(1)(a)(ii) - irrelevant A/g Director, IAC & Strategic Advice

Ms Lirije redacted: s22(1)(a)(ii) - irrelevant Assistant Director Communications, IAC Secretariat

Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant Senior Project Officer, IAC Secretariat

Ms Matilda redacted: s22(1)(a)(ii) - irrelevant Communications Officer, Independent Advisory Council

Ms Louise redacted: s22(1)(a)(ii) - irrelevant Senior Project Officer, IAC Secretariat (observer)

Attending

Mr Gavin Burner, Member of IAC’s Intellectual Disability Reference Group

Observers

Ms redacted: s47F- personal privacy Participant Advocate (Session 2)

Apologies

Ms Kerry Allan, Member (redacted: s47F- personal privacy)

Ms Kathy redacted: s22(1)(a)(ii) - irrelevant Director, IAC & Strategic Advice

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  1. Principal Member’s welcome and open

1.1. Principal Member’s welcome The Principal Member opened the meeting at 1.05pm.

A/Prof Cullen acknowledged the Traditional Custodians and Owners of the lands on which Members and attendees were meeting. The Principal Member also acknowledged people with disability, whose voice the IAC looks to represent.

Additionally, the Principal Member recognised several key events and dates that have occurred over the past month, including:

  • NAIDOC Week from 3-9 July

  • Islamic New Year on 19 July

  • International Day of World’s Indigenous People on 9 August

The Principal Member:

  • Noted the meeting was attended by half the IAC membership due to delays with IAC appointments by the Minister’s Office. She acknowledged Member’s concerns and frustrations with the process and stressed communications were ongoing with the Minister and the Department of Social Services (DSS) with a resolution expected within the next few weeks.

  • Noted that the Australian Human Rights Commission is yet to appoint a Disability Discrimination Commissioner, who will be the IAC’s Expert Advisor. This process may take a few months.

  • Welcomed Board Chairperson Kurt Fearnley and Board Director Peta Seaton.

  • Acknowledged the work of Dr Sam redacted: s22(1)(a)(ii) - irrelevant who has recently finished with the NDIA and welcomed Samantha redacted: s22(1)(a)(ii) - irrelevant who is the A/g General Manager Policy, Advice and Research.

  • Noted the IAC Reference Group revie has been finalised, highlighting the expertise of Members representing a broad range of disabilities, including stronger representation of young people and people with intellectual disability across all groups. She noted Co-Chairs will be appointed once the IAC membership is confirmed.

  • Confirmed IAC’s advice ‘Equity in the NDIS’ has been noted by the Disability Reform Ministerial Council (DRMC), and acknowledged again IAC and Reference Group Members’ contributions, as well as that of external stakeholders.

  • Noted the advice ‘Enhancing behaviour support in the NDIS’ is on hold until a full IAC is appointed. She also noted the AAG had provided additional advice that responds to the specific needs of autistic people, and this will be included as an appendix.

  • Confirmed Belinda redacted: s22(1)(a)(ii) - irrelevant IAC’s Independent Consultant, is finishing up her work with the IAC. The Principal Member acknowledged her contributions since IAC’s inception and noted a farewell will be organised once the advice on behaviour support is finalised.

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  • Noted the IAC Secretariat is currently working on engaging two Independent Consultants to support the work of the IAC and Reference Groups.

  • Noted the Tasmania Test Evaluation Report is available in Diligent’s Resource Centre.

1.2. Confirmation of minutes, matters arising and declarations of interest. IAC approved the minutes from the meeting held on 18 May 2023.

Members noted the matters arising and the updated register of conflicts of interest circulated in advance of the meeting. redacted: s47F- personal privacy

  1. IAC Updates

2.1. Members and Expert Advisers: Reports ‘from the ground’

The Principal Member noted Ms. redacted: s22(1)(a)(ii) - irrelevant Participant Advocate, is in attendance as observer for this session.

The Principal Member reminded participants about the need to raise systemic issues affecting participants experience with the NDIS.

IAC Members raised the following points they had heard related to the NDIS:

  • Conflicts of interest in the early childhood sector, including:

    • Childcare providers specialising in Autism assisting families to secure further NDIS funding
    • potential loophole in the use of the form S47A3 which allows families to reset their plan within the first 12 months, gaining access to extra funding for early intervention
    • hospitals referring newborn babies to the NDIS, and to private practices for therapy.

  • Ongoing delays with approvals for participants submitting a change of circumstance review and requiring home and living supports.

  • Reports of sharp practice and unethical providers taking advantage of participants, particularly those with cognitive impairment. Calls for a dedicated whistleblower phone line where people can make anonymous calls to dob in unethical service provides engaging in these practices.

  • Ongoing shortages of Occupational Therapists (OTs), with long wait lists for participants who need to access this service. This is a significant issue in the Northern Territory, where they’re recommending telehealth services and may not be appropriate for some participants, like those who are neurodiverse.

  • Limited understanding of the role of Justice Liaison Officers, and their availability to support participants who are in the justice system.

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  • Calls for the NDIA to urgently address issues for participants who are in hospital and are not receiving the supports they need.

  • Ongoing reports of participants being taken off self-management as their preferred plan management style, without prior communications with the participant.

The Principal Member noted that she had a discussion with Scott McNaughton, DCEO Service Delivery, on the issue of hospital supports and agreed that this would be further discussed at an IAC meeting.

Action 1: Provide an update on discussions re insurance covering abuse and molestation, as referenced in the action from April 2023 meeting.

Action 2: Secretariat to provide the NDIA’s presentation on Justice Program delivered by the complex support needs team.

Action 3: Provide an update to the IAC on hospital supports at a future meeting.

2.2. Board Chair and CEO update

The NDIA Board Chair noted the work challenges the Agency will face in the next few months related to the final recommendations from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) and NDIS Review, and stressed the Agency’s commitment to co-design. He also noted:

  • Improvements made in the performance of the NDIS call centre, which is more responsive to the needs of callers.

  • Acknowledged the concerns with the delay in IAC appointments, noting the Board is also awaiting appointments. He was also understanding of the many pressures the Minister’s Office is currently experiencing and noted he is in communications with the Minister’s Office about the matter.

  • The ongoing engagement with the community in relation to the SDA and Annual Pricing Reviews.

  • The NDIA Board Subcommittees review, including a new Strategic Direction and Participant Outcomes Subcommittee, chaired by Board Director Dr Peta Seaton AM.

  • PACE national rollout will commence on 30 October 2023, subject to having all the systems and processes ready.

  • The Agency’s and government’s commitment to tackle fraud and sharp practices, including the government’s establishment of the Fraud Fusion Task Force.

Dr Seaton acknowledged the importance of the new Strategic Direction and Participant Outcomes Subcommittee and noted that the Committee’s Charter states the IAC’s Principal Member as a Member of the Subcommittee. She noted this subcommittee will provide the opportunity to test and explore new strategic projects and advice, before they are presented to the NDIA Board. Dr Seaton noted this subcommittee could test some ideas proposed by the IAC in their advice.

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The CEO acknowledged Member’s reports and noted:

  • The money recovered from fraudulent activities goes to a consolidated revenue pool within Treasury. However, the NDIA ensures that participants who were affected received the appropriate support or plan ‘top-ups’ to ensure they do not miss out.

  • Work on investment and outcomes led by David Gifford. There is a need to build into NDIA’s processes a way to better report on participant outcomes and if the supports they are receiving are helping them to achieve their goals.

  • Improvements made at the National Contact Centre in the last quarter, with 86% of queries being able to be resolved after the first call.

  • The data privacy breach experienced by a legal firm providing services to the NDIS. While the Agency did not get breached, NDIA staff are in communications with participants who were affected and also working with the law firm to assist with the management response. The NDIA is currently reviewing all contracts with external companies that handle participant data to strengthen their obligations in this area.

  • Acknowledged the contributions and support of Ms Reid and A/Prof Cullen at the last meeting of the First Nations Advisory Council, and noted the NDIA is recruiting a Deputy CEO for First Nations.

  • Engagement with the community on PACE rollout and offered the IAC to be involved in this process.

  • Work led by Penelope McKay around mapping the conflicts of interest that exist within the NDIS market and home and living areas, including looking at ways to strengthen the legislation on this.

  • The need to fast track and improve communications with participants around home and living decisions. The NDIA is currently having discussions with the Minister’s Office for the public release of the Home and Living Framework and is recruiting for positions within the home and living team.

  • A meeting with the OT Association earlier in the week, were the shortages of OTs was discussed and the Association is willing to work with the NDIA to address this.

  • The appointment of a General Manager SA, WA, NT & Remote Services, in recognition of the complex work required in this are. This was previously an SES 1 role (Branch Manager).

Ms McKenzie provided a brief update on:

  • Current mapping of internal work around hospital supports, with a view to present to the IAC in the near future.

Action 4: David Gifford and Corrie McKenzie to present at the IAC work on investment and outcomes.

Action 5: IAC to be briefed on the Justice reset program.

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  1. Co-Design

3.1. Co-design Working Group updates Ms McKenzie provided a brief update on the recent co-design Working Group meetings, including:

  • The importance of understanding what has worked well in the past in previous co-design work, and what needs to be improved.

  • Acknowledging the input of IAC and DRCO Members who are part of the Working Groups.

Members’ feedback included:

  • Co-design Steering Committee’s discussion about whether their terms of reference should be changed to include their broader function on co-design, outside the reform work.

  • The need to continue to ensure that people with disability, and those that represent their communities, lead the co-design process.

  • Calls for improvements in the accessibility of meetings, including accessible documentation and pre-brief meetings with members that require them, and enough time to read the meeting pack before the meeting.

  • Concerns with the co-design process around the CALD Strategy, noting Member’s feedback was not included in the final draft.

  • The need to understand what work has been done before in each of the reform areas, to avoid duplication.

Action 6: Ms McKenzie to meet with Ms Mahmic and A/Prof Cullen to discuss CALD Strategy.

  1. NDIA Strategy

4.1. 10-year Agency Strategy Ms Lisa redacted: s22(1)(a)(ii) - irrelevant led the discussion on the 10-year NDIA Strategy, due for release in late 2023.

Members’ feedback included:

  • The need to consult with a number of different stakeholders on this, outside the IAC.

  • The ambitious timeframe and scope behind the development of the Strategy.

  • The NDIA should be an enabler and driver to an ordinary life, with a focus on equity of outcomes. The need to change current NDIA’s transactional relationship with the community which is based around money to pay for support workers or therapy. The NDIS needs to go back to its original aspirations of the NDIA about increased independence or community inclusion.

  • The importance of NDIA’s role around self-determination and empowering people with disability to live an ordinary life.

  • The need to establish a clear link between the Strategy and the Reform for Outcomes work.

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  • The Strategy can be an opportunity for the NDIA to shift the focus to the community, rather than the needs or agenda of government.

Ms McKenzie noted that the team will provide a draft to the IAC in October, for further input.

  1. Meeting close

5.1. Other Business Ms redacted: s22(1)(a)(ii) - irrelevant provided a brief update on the Children’s Taskforce progress including:

  • Finalising the work of the Early Childhood Early Intervention Reset work, noting some areas rely on the recommendations from the NDIS Review

  • Commencing to plan co-design work around the implementation of the Disability Royal Commission and NDIS Review recommendations.

  • Engaging with stakeholders and partners to understand the issues and provide input into the Taskforce’s forward work program

  • Providing input into PACE rollout and its implications for partners who work with children and their families.

5.2. Next Meeting The next meeting will be on 20 and 21 September in Melbourne.

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