NDIA Accountability Project

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Minutes of the Independent Advisory Council (IAC) to the NDIS Meeting #5 - 29 February 2024

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

Meeting #5 - 29 February 2024 1pm, online via MS Teams

Members

Ms Leah van Poppel, Principal Member Adjunct Associate Professor Jennifer Cullen Ms Sylvana Mahmic Mr James Manders Dr George Taleporos (joined the meeting at 1.14pm) Mr Gavin Burner Dr Sharon Boyce Ms Tricia Malowney OAM Ms Sam Paior (joined the meeting at 1.12pm) Mr Mark Tonga

Independent Consultants

Ms Samantha redacted: s22(1)(a)(ii) - irrelevant materia Senior Independent Consultant Ms Lucy redacted: s22(1)(a)(ii) - irrele Independent Consultant

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chairperson Ms Estelle Pearson, NDIA Board Member Dr Peta Seaton, NDIA Board Member Ms Corri McKenzie, DCEO, Service Design and Improvement Ms Samantha redacted: s22(1)(a)(ii) - irrelev General Manager, Policy Advice & Research

IAC Secretariat

Ms Marina redacted: s22(1)(a)(ii) - irreleva A/g Director, IAC & Strategic Advice Ms Sarah redacted: s22(1)(a)(ii) - irrelevan Assistant Director, IAC Secretariat Ms Lirije redacted: s22(1)(a)(ii) - irrelevant m Assistant Director, Communications, IAC Secretariat

Attending

redacted: s47F- personal privacy Professor Bruce Bonyhady, NDIS Review Co-chair Ms Jodi redacted: s22(1)(a)(ii) - irrelevan Branch Manager, Australia’s Disability Strategy, Department of Social Services Mr Luke redacted: s22(1)(a)(ii) - irrelevant mate General Manager, Disability Strategy, Department of Social Services Ms Rosemary Kayess, Disability Discrimination Commissioner

Apologies

Dr Leighton Jay, IAC Member Ms Rebecca Falkingham, NDIA CEO Ms Lisa Paul, NDIS Review Co-chair

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1. Principal Member’s Welcome and Open

1.1. Principal Member’s welcome

  • Principal Member Ms Leah van Poppel welcomed IAC Members and guests to the online meeting, noting Dr Leighton Jay and Ms Rebecca Falkingham were apologies.

  • Ms van Poppel welcomed Ms Rosemary Kayess, Disability Discrimination Commissioner, and will meet with her about becoming an Expert Advisor to the IAC.

  • Professor Bruce Bonyhady, NDIS Review Co-chair, was thanked for attending the start of the meeting to speak with the IAC. Representatives of the Department of Social Services were acknowledged also.

  • Ms Lucy redacted: s22(1)(a)(ii) - irr was introduced as the Independent Consultant to the IAC.

  • Ms van Poppel advised that the process for selecting new IAC Members to fill vacancies left by retiring members Ms Liz Reid AM and Ms Kerry Allan is progressing.

1.2. Declarations of interest

  • redacted: s47F- personal privacy

redacted

redacted

redacted

redacted

1.3. Confirmation of minutes and matters arising

  • The minutes of the December IAC meeting were confirmed by IAC Members.

2. NDIS Review

2.1. Professor Bruce Bonyhady, NDIS Review Co-chair

  • Professor Bonyhady joined the IAC meeting to take members through the NDIS Review Final report: Working together to deliver the NDIS.

  • The IAC discussed the role it can play to assist the NDIA to consider how the NDIS Review recommendations could be implemented so that the experience of people with disability in the NDIS is improved.

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  • IAC Members also raised the importance of:

    • strengthening the provider market to provide better quality supports

    • choice and control for people with disability to live independently

    • qualifications and training of the workforce that might be involved in future planning and assessment

    • fair and equitable access to the NDIS.

Professor Bonyhady and Ms redacted: s22(1)(a)(ii) - irreleva left the meeting at 1.53pm.

3. IAC Updates

3.1. Deputy CEO Update

  • DCEO of Service Design and Improvement, Ms Corrie McKenzie, provided an update to IAC members on behalf of the NDIA CEO.

  • The Q2 NDIS Report to December 2023 has been published and includes that the average hospital discharge time has reduced from 24 to 21 days.

  • The Agency’s target employment strategy goal to see 50% of parents and carers reporting paid employment by 2023-24 has now been reached.

  • There are also encouraging results for participant employment statistics with participation in work more than doubling for participants aged 15 to 24.

  • Ms McKenzie updated the IAC on work underway to implement decisions of National Cabinet in 2023 following the release of the NDIS Review. The Agency together with DSS will engage the IAC on the commitment to introduce legislative and other changes to the NDIS to improve the experience of participants and restore the original intent of the Scheme.

  • IAC Members noted this work requires time and insight from the Government’s response to the NDIS Review recommendations.

  • Reform for Outcomes co-design work continues to progress immediate work needed for operational changes ahead.

Ms McKenzie left the meeting at 2.19pm.

3.2. Board Chair Update

  • Mr Kurt Fearnley acknowledged the recent Disability Reform Minister Council meeting.

  • Mr Fearnley shared the appointments of two key senior leadership positions:

    • Chief People and Wellbeing Officer Ally redacted: s47F- personal pr

    • Chief People Strategy Officer Jane redacted: s47F- personal priv

    • Mr Mark Darras has been appointed to the Board.

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Dr Seaton left the meeting at 1.29pm; returned at 1.31pm.

4. NDIS Review

4.1. DSS Update on Government response to NDIS Review recommendations

  • The Department of Social Services (DSS) provided an update on how the response to the NDIS Review final report and recommendations is progressing, including the town halls and other engagement activities that are being undertaken with the community to raise awareness of the Review, and to gauge community feedback.

  • DSS also provided updates on other related work, including the recently established NDIS Provider and Worker Registration Taskforce (Taskforce), community engagement on a response to Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) final report, and the announcement made for initial investment to start work on the Review in the Mid Year Economic and Fiscal Outlook.

  • IAC Members noted that community input will be used in the drafting of the Government response to the NDIS Review recommendations.

  • The IAC members observed that the foundational supports recommendation from the NDIS Review final report needs consideration around market service capacity.

  • The IAC also expressed an interest in engaging with the new Taskforce.

4.2. Member Reports

  • It was requested that Member Reports for this meeting focus on the NDIS Review recommendations, where possible.

  • The IAC agreed not to discuss Member Reports in session due to time constraints.

4.3. Agency response to issues raised by Members

  • Responses to questions put at previous meetings were included in the meeting papers.

4.4. NDIS Review Summaries and Analysis

  • IAC Members discussed their focus for future Advice from the NDIS Review recommendations. IAC Members raised:

    • the need to inform the community on what foundational supports are or intend to do.

    • concerns about moving to online access forms in the participant pathway, as well as work needed around NDIS eligibility assessments.

    • concern around the implementation of navigators.

    • concern around the funding of home and living supports, particularly the recommended 1:3 support ratio.

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  • the need for clarity in self-management, especially considering the implications of potential registration changes and the introduction of navigators.

  • The need to revisit the IAC advice on quality and safeguards and consider individual risk assessments for people with disability that enable independence and self-management.

Associate Professor Cullen left the meeting at 3.44pm; returned to the meeting at 3.54pm.

  • IAC Members will prioritise advice about NDIS Review recommendations on:

    • Pathways

    • Navigators

    • Home and Living.

5. Disability Discrimination Commissioner

5.1. Ms Rosemary Kayess

  • Ms Kayess introduced herself to IAC Members and provided details of her professional background.

  • In considering the role of the IAC and current state of the sector, Ms Kayess raised:

    • the operationalisation of 1:3 ratio support ratio is critical – that only through demonstrating how that does not drive ongoing congregate care situations for people with disability, we can meet our human rights obligations for people with disability.

    • the need to ensure there are not the perverse outcomes as there have been in the last 10 years, such as with the registration process, and that flexibility is not driven out of the system, becoming a block to sole providers and community-based options.

    • when considering legacy properties and frameworks, the need to focus on the original intent which was for people with disability to have equality, not just in access to services, but a quality in choice of where and with whom to live.

    • the critical need to establish how the Navigator system will work to independently guide people through the maze that is flexible service provision which ensures someone can be self-managed, without the risk of huge corporations being granted contracts.

    • the importance of review and reform being a deliberative and co-design process to not make the mistakes of political expediency that occurred in 2014.

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Mr Gavin Burner and Ms Laynie redacted: s22(1)(a)(ii) - irrelevant material left the meeting at 4.47pm.

6. IAC Advice

6.1. Enhancing NDIA Practice in Behaviour Support

  • Ms Samantha redacted: s22(1)(a)(ii) - irrelevant materi Senior Independent Advisor, presented the Advice paper ‘Enhancing NDIA practice in behaviour support’ for IAC endorsement.

  • The paper was finalised last year, with input from the IAC and the Intellectual Disability Reference Group.

6.2. Briefing Note – DRAFT – Enhancing Behaviour Support in the NDIA

  • After a meeting with the NDIS Commission, it was raised that there may be some technical information that was not correct in the paper. The paper was reviewed and minor changes were made.

  • The Briefing Note reflects all the changes made by Ms redacted: s22(1)(a)(ii) - irrelevant materia

6.3. Advice – DRAFT – Enhancing Behaviour Support in the NDIA

  • Ms redacted: s22(1)(a)(ii) - irrelevant mate presented a plain English summary of the considerations IAC has included in the paper.

  • The IAC endorsed the final draft Advice on Enhancing Behaviour Support in the NDIA with the plain English summary, with these minor additions to the summary:

    • the usability and usefulness of the NDIS Provider Finder.

    • the Reform for Outcomes Working Groups are already considering some of these options.

    • the IAC’s definition of family, by the Equity and Inclusion Reference Group, and the presumption of people having family, carers and informal supports.

    • the absence of reference to individuals in other systems, such as criminal justice and out of home care.

  • The IAC Secretariat will circulate the final Advice via email for endorsement. Once endorsed, the NDIA will commence the drafting of the Agency Response and both the Advice and Agency Response will progress to Board.

7. Workplan

7.1. IAC Workplan

  • The IAC extended its current 2023-24 Workplan to 30 June. This will allow the future Workplan to align with the Government response to the final reports of the NDIS Review and Disability Royal Commission.

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Mr Kurt Fearnley left the meeting at 4.51pm

8. IAC and Reference Group Meeting Dates

8.1. IAC and Reference Group Dates 2024

  • The revised meeting dates were noted by the IAC.

9. Meeting Close

9.1. Other business

  • redacted: s47F- personal privacy

10. Next meeting

  • The next meeting will be hosted online on 15 April 2024.

Ms van Poppel closed the meeting at 5.06pm.

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