Minutes of the Independent Advisory Council to the NDIS Meeting 2 – 21 September 2023

OFFICIAL:FOI 24/25-0546SENSITIVE DOCUMENT 79

Minutes of the Independent Advisory Council to the NDIS

Meeting 2 – 21 September 2023 10am – 3:30pm – held at the Pan Pacific Melbourne and hosted on MS teams.

Members Ms Leah Van Poppel, Principal Member

Adjunct Associate Professor Jennifer Cullen, IAC Member

Ms Sylvana Mahmic, IAC Member

Mr James Manders, IAC Member

Dr George Taleporos, IAC Member

Ms Liz Reid AM, IAC Member

NDIA Representatives Ms Rebecca Falkingham, NDIA CEO

Mr Kurt Fearnley, NDIA Board Chairperson

Dr Graeme Innes AM, NDIA Board Director

Ms Corri McKenzie, DCEO Service Design and Improvement

Ms redacted: s22(1)(a)(ii) - irrelevant material, Participant Advocate

Ms Michelle redacted: s22(1)(a)(ii) - irrelevant A/g Branch Manager, Complex Support Needs

Ms Caroline redacted: s22(1)(a)(ii) - irrelevant material National Director, Justice Liaison, Complex Support Needs

Ms Katie redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Justice Transition Project, Complex Support Needs

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

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

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

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

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

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

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Attending Mr Gavin Burner, Member of IAC’s Intellectual Disability Reference Group redacted: s47F- personal privacy Ms Tracy Mackey, NDIS Quality and Safeguards Commissioner

Apologies

Ms Kerry Allan, Member (taken leave of absence)

Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM, IAC’s Independent Consultant

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1. Principal Member’s Welcome and Open

   1.1. Principal Member’s welcome The Principal Member Ms Leah Van Poppel opened the meeting at 10:17am.

   A/Prof Cullen acknowledged the Traditional Custodians and Owners of the lands on which Members and attendees were meeting.

Ms Van Poppel:

• Noted that we are waiting for the appointments of six IAC member vacancies to be resolved through the government decision-making process.

• Acknowledged that this is a difficult situation and thanked the existing members for their continued hard work.

• Thanked the Secretariat team and staff across the NDIA for their work to enable to IAC to carry out their functions.

• Noted that since the IAC last met, all of the Reference Groups have met at least once.

• Noted that the Reference Groups are starting to put together their workplans. As IAC is waiting for the recommendations from the Royal Commission and the NDIS Review it is making the usual cycle of work planning difficult. These areas will be key discussions for the Reference Groups once recommendations are handed down.

• Requested that the NDIA brief the IAC and the Reference Groups at the right time once the report from the Royal Commission is available.

• Welcomed Board Chairperson Mr Kurt Fearnley and Board member Dr Graham Innes and thanked them for attending today’s meeting.

• Thanked NDIA CEO Ms Rebecca Falkingham and DCEO Ms Corri McKenzie for attending today’s meeting.

• Acknowledged that today is Ms Marina Mazza’s last meeting as she is leaving the Secretariat to take on a new position within the NDIA. The Principal Member thanked Ms redacted: s22(1)(a)(ii) - irrelevant for her work with the IAC.

Action 1: NDIA to arrange for the IAC and Reference Groups to be briefed on the report of the Royal Commission.

1.2. Confirmation of minutes, matters arising, and declarations of interest

The IAC approved the minutes from the meeting held on 10 August 2023.

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Dr Taleporos asked about action items from the previous meeting relating to hospital supports. Ms McKenzie stated her team picked up two action items and will provide updates later in the meeting.

Members updated the register of conflicts of interest circulated in advance of the meeting.

• redacted: s47F- personal privacy

2. IAC Reports

   2.1. Members’ reports ‘from the ground’ The Principal Member reminded Members about the need to raise systemic issues affecting participants’ experience with the NDIS.

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

• In relation to the NDIS Review:

  o Professor Bruce Bonyhady’s referring to community perception of the NDIS as a Magic Pudding, a phrase understood easily by many community members.

  o Comments on the community based not for profit early childhood intervention sector were also positive particularly with regards to the early childhood system needing urgent and complete reform.

• The DANA discussion paper authored by Dr Simon Duffy and Dr Mark Brown which questioned the fundamental principles of the way the NDIS is constructed. The authors suggested building NDIS 2.0 and asked IAC to consider what NDIS 3.0 will look like.

• Families report there are challenges transitioning from early childhood partner to LAC:

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 o Starting in July 2023, children under seven will have the opportunity to
      continue with their early childhood partner until they reach nine. Families have
     expressed satisfaction with this change.

 o This positive change has the potential to alleviate the existing transition
      issues, provided that an effective support system is implemented.

 o Concerns that there are issues with transitioning to a Local Area Coordinator
       that the NDIA needs to look at.

• Equity iceberg: children are missing out on services because wrap around supports don’t work using a billable hours model:

  o The market approach is not working for many children and their families, and the situation is worsening for families who have multi-faceted needs, are from CALD or Aboriginal background, or are in the child protection system. Organisations are cherry picking ‘easy’ families so that they can support them within a billable hours model.

• Members are continuing to see independent support workers charging the highest possible rates and selectively choosing individuals and families who are easier to support. This could impact on scheme sustainability and value for money and for people with high and complex needs.

• Information, Linkages and Capacity building (ILC) grants are now open. Several years ago, the NDIA commissioned Swinbourne University to review the program; it recommended the grant process be put on hold until a new strategy was developed however, the ILC grants were once again opened in two rounds – Social and Community Participation and Individual Capacity Building. The existing funded grants were extended to June 2024 upon application.

• The Disability Ministers meeting was held recently in Darwin, with Minister Bill Shorten, Professor Bruce Bonyhady, Rebecca Falkingham and Corri McKenzie in attendance. The community provided positive feedback about this event.

• A deep dive into Maningrida as the first of two trial sites in a $7.6 million investment into the NDIS was announced by Minister Shorten. The trial will consider a different way of providing supports for Aboriginal people with disabilities in remote areas.

• Systemic issues associated with supports for parents and caregivers in remote communities providing care for their own children with disabilities, as well as additional children with disabilities, were raised. There is a lack of communication between the NDIA (including the Complex Care Team) and mainstream organisations to support families with complex needs. Caregivers in remote areas should receive supports proactively.

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• Changes to the NDIS data and insights webpage were reported to impact functionality and have resulted in less access to data, not more.

• Members are continuing to hear about long delays in making decisions about home and living arrangements.

• There has been a lack of consultation with NDIS participants in government’s proposed Industrial Relations laws for the employee-like “care and support” workforce. This is making it harder to remove unsuitable people from the platforms. Under the proposed legislation, the worker will have the right to remain on the platform until an investigation is completed. Furthermore, the minimum standards are likely to include minimum engagement periods. To date, there has been no consultation with people with disabilities about these changes.

• The IAC welcomed the launch of Disability Legal Western Australia in the first week in September, a single point of entry in WA which is only for people living with a disability.

• Two new programs in Western Australia were discussed:

  o The Intellectual Disability Diversion Program supports people who have an intellectual disability, cognitive disability, brain injury, and/or autism to potentially achieve a non-custodial sentence.

  o The Start Court offers a program that combines access to mental health supports and services, and support for drug and alcohol use (if required), with regular appearances before the Start Court Magistrate.

• Organisations are training people working in the correctional system to understand intersections between offending behaviour and disability. There is also work occurring to understand NDIS supports while in a correctional centre or transitioning out.

• Increased difficulties in finding people to become support workers and the provision of support to people with lived experience to become employees.

• Concerns regarding disability worker screening. Some people, particularly those with disability, may be prevented from pursuing supporting work if they have history of low-level offending behaviour.

• Insurance premiums are rising for providers, directly impacting the level of care they can provide to participants. This also puts their viability at risk.

• Reports that restrictive practices result in excessive paperwork. The paperwork, dual compliance, legal and reporting responsibilities is onerous. This limits the time available for providers to support people with disabilities.

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• A suggestion that a provider engagement strategy should be considered to enhance communication about the NDIS.

• There are reports that families are sometimes receiving a participant’s plan, even if the participant is an adult. One of the impacts is they don’t understand their plans.

• Reports of participants being unable to change providers because of restrictions imposed by their state guardians.

• Concerns raised about big providers in regional areas not having the local knowledge and understanding of small providers, impacting on the level of service to participants.

2.2 Board Chair and CEO update

The NDIA Board Chair Mr Kurt Fearnley noted concerns raised regarding IAC membership delays and wanted to make sure that Members heard IAC appointments and the process were a priority. Mr Fearnley also noted:

• The PACE rollout across Tasmania and the approaching national rollout date of 30 October.

• NDIA Participant Advocate Ms redacted: s47F- personal privacy NDIA Employee with Disability Deep Dive report, “equally the best and worst thing I have ever read”. The NDIA, as an employer of people with disabilities, needs to look at how it employs and treats these employees. He stated the commitment from the Board to the Executive, and in every layer of the organisation, to be better. He sincerely thanked Ms redacted: s22(1)(a)(ii) - irreleva for her work.

• The recommendations from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) are soon to be released. It is hoped that the IAC could meet with Commissioners with disabilities to talk about their experience and reflections.

The CEO acknowledged Member’s reports and noted:

• The issues raised regarding transition and the investment in looking at life transition points across the Scheme. For younger children, this is a focus of the Children’s Task Force.

• Following a recent visit to the Northern Territory, conversations have occurred with the Northern Territory Chief Minister about colocation of some of the Territory’s staff with NDIA staff and taking a different approach.

• There is awareness of the delays with Home and Living decisions. Currently there are 900 vacancies. As a result of the budget investment to fix a range of NDIA backlogs, 300 staff have recently been onboarded with training underway.

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• The NDIA was not consulted about changes to Industrial Relations legislation impacting the care economy.

• Improvements to decision-making processes for plans continue to be made to PACE, ahead of refreshed guidance and staff training.

• We have been conversing with staff about why self-management is a really positive thing for our Scheme and for our participants and how this goes to the culture change within the NDIA. We are also looking to identify and have an ongoing log around self- management issues to bring a systematic approach to improvement.

• Regarding issues for people with co-occurring disabilities, the NDIA recognises that a person can have more than one impairment, including something they acquire after assessment. The NDIA will change a plan if needed to make sure it meets the participant’s disability support needs.

• Work is underway to streamline the assessment of what system is best placed to meet a participant’s needs when they have co-occurring disability, for example within the health system.

• Of particular challenge right now is the palliative care space and the pressure placed on workers across the systems if they are not adequately trained in end-of-life care. Minister Shorten has written to Minister Butler on this issue.

• Worker screening difficulties and criminal history checks are issues we are advocating about as part of the NDIS Review.

• We’re looking forward to discussing, working together and implementing the NDIS Review and Royal Commission outcomes and garnering all the wisdom of the IAC to achieve legislative and workforce reform. Minister Shorten is to speak more about this in the coming weeks.

• Insurance costs are factored into the current price guide. Acknowledge we need to streamline our system so that providers have less red tape.

• A reset of our provider engagement processes is about to begin to ensure we are hearing the voices of providers and that we are considering changes to historical supplementation funding from States and Territories.

Ms McKenzie provided a brief update on:

Continued work around hospital supports, including updates to mainstream operational guidance.

Action 2: Invite the Department of Social Services to brief the IAC on the changes to the ILC program refresh and evaluation, as well as peer-led advocacy.

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Action 3: Invite Commissioners Dr Rhonda Galbally AC and Dr Alistair McEwin AM to a future IAC meeting.

Action 4: Provide an update on worker screening developments at a subsequent meeting.

Action 5: Arrange an Out of Session workshop for IAC members in October on hospital supports, with the item to be listed on the December IAC agenda also.

3. Employment

   3.1. NDIA Employee with Disability Deep Dive. Ms Donna redacted: s22(1)(a)(ii) - irrelevant Participant Advocate, provided a summary of the Employee with Disability Deep Dive, including the background and the recommendations of the deep dive. Ms redacted: s22(1)(a)(ii) - irreleva said:

   • Last year a number of staff with a disability spoke out about some of the workplace issues and barriers they face at work.

   • The Office of the Participant Advocate extended an invitation to staff members with disability to attend an informal listening session, where they could share their experiences. Some common themes emerged from this session, and therefore it was decided that a formal deep dive was needed.

   • The purpose of the deep dive was to closely examine the experience of staff with a disability.

   • The deep dive was a formal project that was recognised by the NDIA. It was a key action in the Disability Inclusion Plan.

   • There was extensive consultation, including 39 listening sessions and 41 written submissions. There was also a survey for people leaders to respond to.

   • 152 staff members and 91 people leaders took part in the deep dive.

   • 46% of staff who took part said they had a positive experience at work. 54% said they were having a negative experience.

   • The summary report was released in August this year, with 14 recommendations.

   • Staff who took part in the deep dive were involved in prioritising the recommendations and deciding how to measure outcomes from the recommendations. The recommendations were endorsed by the Board and SLT.

   • Staff will be involved in co-design around implementing the recommendations.

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• Workplace culture, including leadership capability and confidence, workplace adjustments and creating an inclusive and accessible workplace were the key themes that came out of the deep dive.

• We are handing over the project to the People and Culture team but will stay closely connected. We are also working out who will be the owners of each recommendation.

Member’s feedback included:

• Members valued this worked and thanked Ms redacted: s22(1)(a)(ii) - irreleva and her team for their work.

• Calls for more work to increase the number of staff with disability that the NDIA employs.

• Suggestions that the NDIA should improve the internal recruitment processes so staff with disability can progress in their careers within the NDIA.

• There should be Assistive Technology to access desk top platforms. This is very important so that some people can do their jobs. Ms redacted: s22(1)(a)(ii) - irreleva said that there have been issues raised around workplace adjustments in this area. There is currently an Assistive Technology project team as part of the Disability Inclusion Plan.

• The NDIA should only be using accessible software and hardware.

• Participant Experience Delivery is the largest staff cohort in the NDIA. If staff have concerns about workplace support and inclusion, the IAC feel this indicates that some people are not being heard or understood in the NDIA.

• Job redesign is particularly important for staff with cognitive disabilities. How much job redesign is happening in the NDIA and how can we increase the focus on this?

• The NDIA needs to do more work to increase the diversity of disability within its workforce.

• There are currently no staff within the NDIA who write Easy Read documents. The NDIA is working on ways to communicate more accessibly.

Action 6: Secretariat to talk to Ms redacted: s22(1)(a)(ii) - irreleva about coming to a meeting next year to provide an update.

4. NDIS Commission

   4.1. NDIS Quality and Safeguards Commissioner Update Ms Mackey provided information on various matters related to her Office.

   • Two inquiries have recently been completed:

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    o Own Motion Inquiry into Platform Providers Operating in the NDIS Market

    o Own Motion Inquiry into Support Coordination and Plan Management.

• The Commission has been focussing on the reduction and elimination of unauthorised use restrictive practices and recently moved to more coercive regulatory action.

• The Commission has established an email address for the reporting of price gouging: pricehelp@ndiscommission.gov.au

• A safeguarding team has been established this year to better manage complaints and to the end of August, 900 matters have been dealt with; this ensures the safety of an individual within 48 hours of receiving a complaint.

Action 7: Commissioner to provide a more in-depth briefing on the Own Motion Inquiry into Platform Providers Operating in the NDIS.

5. Co-Design

   5.1. Co-Design updates The Principal Member, Ms Van Poppel, said that this session will be included in every meeting. Ms Van Poppel said that Reference Groups will also talk about co-design projects.

Members’ feedback included:

• Regarding fraud, we should think about how we can make it harder for people to do the wrong thing, and easier for people to do the right thing.

• As part of regular check-ins, we should be asking participants if they are happy with the services they are getting for their money. We should build the skills of participants so that they are knowledgeable about payments and empowered.

• There should be more clarity and rules around providers who offer supports for participants to go on holidays.

• New NDIA staff should have more comprehensive training in the human rights approach to disability and the person-centred approach.

• The Plan Flexibility and Co-design Group will place on emphasis on early intervention but acknowledge that plan flexibility is a very broad topic.

• Facilitators should have better knowledge of the NDIS and the intent of the NDIS.

• Concerns were raised about the conduct of some facilitators during the meetings. Concerns were also raised for some members of a meeting who were distressed, and the facilitator’s response to this. Ms Falkingham and Ms McKenzie are aware of these concerns and are taking steps to resolve the issues.

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6. Complex Support Needs

   6.1. Justice Liaison Officer – Justice Transition Project Ms redacted: s22(1)(a)(ii) - irreleva Ms redacted: s22(1)(a)(ii) - irrelevan and Ms redacted: s22(1)(a)(ii) - irrelevant spoke of the work of the Justice Planning Team in the Northern Territory.

   • For the last 12 months, the Team has had this dedicated project to engage with participants and the wider sector, including our First Nations representatives, to develop recommendations for improving this service offer for the NDIA.

   • The Team is focussed on improving outcomes for people with a disability who intersect with the justice and forensics system and is committed to improving transitional experiences through partnerships with government colleagues, public guardians and advocates.

7. Meeting close

   7.1. Other Business Ms Van Poppel gave Members the opportunity to debrief about what was discussed on day 1 of the meeting. Ms Van Poppel also said that some of the issues discussed on the first day of this IAC meeting (20 September) will be picked up in the 2024 working plan.

The Members said:

• There should be a testing plan for the emergency response that was discussed. We should also think about how we can make this an opportunity to build capacity of participants. IAC should be involved in this.

• It was concerning to hear feedback from advocates on the challenges they currently face. They are overwhelmed with supporting people with NDIS related matters. They don’t have the funding or resources to support people in areas like supported decision making.

• First Nations People and people who come from a refugee background can experience a trauma trigger if they see people in uniform, for example police and SES. This should be thought about in times of emergency. For these people, there should be community check-ins in times of emergency, from people who are not in uniform.

Ms Van Poppel thanked IAC Members, Board Members, NDIA staff and the Secretariat for their contributions to the meeting.

7.2 Next Meeting

The next meeting will be held on MS Teams on 2 November 2023.

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