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Independent Advisory Council to the NDIS Meeting 7 of 2022-23

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OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 7 of 2022-23
Date: Wednesday 22 February 2022
Log-in details:
Independent Advisory Council meeting

Or call in (audio only) redacted: s22(1)(a)(ii) - irrelevant material

SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 1.00pm-1.15pm
ITEM 1.1 Principal Member’s welcome
ITEM 1.2 Confirmation of minutes, matters arising, and declaration of interest
SESSION 2: COUNCIL UPDATES 1.15pm-2.15pm
ITEM 2.1 Members and Expert Advisers: Reports ‘from the ground’. Highlights from submitted or circulated written reports.
ITEM 2.2 Board Chair and CEO Update
Break 2.15pm-2.30pm
SESSION 3: SCHEME ACTUARY 2.30pm-3.15pm
ITEM 3.1 Measurements of adherence to the Participant Service Guarantee recommendations
NDIA representative: David Gifford, Scheme Actuary
Break 3.15pm-3.30pm
SESSION 4: COUNCIL REPORTING 3.30pm-4.15pm
ITEM 4.1 Update on the NDIA’s reporting on Council’s recommendations
NDIA representative: Jamie redacted: s22(1)(a)(ii) - irrelevant GM Strategy and Priorities; Julian redacted: s22(1)(a)(ii) - irrelevant material BM Delivery and Change Office; Loretta redacted: s22(1)(a)(ii) - irrelevant material BM ECEI; and Fiona redacted: s22(1)(a)(ii) - irrelevant material BM LAC
SESSION 5: NDIS REVIEW 4.15pm-4.45pm
ITEM 5.1 Discussion on NDIS review
SESSION 6: MEETING CLOSE 4.45pm-5.00pm
ITEM 6.1 Other business

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ITEM 6.2 Next meeting

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Independent Advisory Council to the ndis

Minutes of the Independent Advisory Council to the NDIS

Meeting 7 – 22 February 2023
1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel
Dr Sharon Boyce
Adjunct Associate Professor Jennifer Cullen
Dr Leighton Jay
Ms Sylvana Mahmic
Ms Tricia Malowney OAM
Mr James Manders
Ms Sam Paior
Ms Liz Reid AM
Dr George Taleporos
Mr Mark Tonga

Council Expert Advisor

Dr Ben Gauntlett, Disability Discrimination Commissioner

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chair
Ms Maryanne Diamond, NDIA Board Director
Ms Rebecca Falkingham, Chief Executive Officer
Ms Corri McKenzie, Deputy CEO, Strategy and Service Improvement
Ms Jess redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Agency Policy
Mr David Gifford, Scheme Actuary, Analytics, Data and Actuarial (Session 3)
Ms Jamie redacted: s22(1)(a)(ii) - irrelevant General Manager, Strategy and Priorities (Session 4)
Mr Julian redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Deliver and Change Office (Session 4)
Ms Fiona redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Partner Program (Session 4)
Ms Loretta redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Early Childhood Services (Session 4)
Ms Kathy redacted: s22(1)(a)(ii) - irrelevant Director, Strategic Advice
Ms Marina redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Secretariat
Ms Carly redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Secretariat
Ms Lirije redacted: s22(1)(a)(ii) - irrelevant material Assistant Director Communications, Independent Advisory Council Secretariat
Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant material Senior Project Officer, Independent Advisory Council Secretariat

Attending

Mr Gavin Burner, Intellectual Disability Reference Group Member
Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM (Council’s Independent Consultant)
Mr Alan Blackwood (Council’s Independent Consultant)
redacted: s47F- personal privacy

Observers

Ms redacted: s47F- personal privacy, Participant Advocate (Session 2)
Mr redacted: s47F- personal privacy, Participant Advocacy Adviser (session 2)
Ms Gemma redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Independent Advisory Council Secretariat
irrelevant material
Mr Ari redacted: s22(1)(a)(ii) - irrelevant material Intern, Independent Advisory Council Secretariat

Apologies

Ms Kerry Allan, Council Member (taken leave of absence)
Dr Sam redacted: s22(1)(a)(ii) - irrelevant material General Manager, Policy, Advice and Research

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1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 1.04pm.

Adjunct Associate Professor Cullen provided an acknowledgement of 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 Council looks to represent. Additionally, the Principal Member recognised several key events and dates that have occurred over the past month, including:

  • Lunar New Year – 22 January.
  • Anniversary of the Apology to members of Stolen Generation – 13 February
  • Sydney World Pride – 17 February to 5 March

The Principal Member noted:

  • Ms Malowney and Ms Boyce would be in and out of the meeting today due to other commitments.
  • Dr redacted: s22(1)(a)(ii) - irrelevant material is an apology; however, Ms redacted: s22(1)(a)(ii) - irrelevant material is attending in his place.

The Principal Member welcomed:

  • Ms Corri McKenzie, Deputy CEO Strategy and Service Improvement, to her first Council meeting. Noting Ms McKenzie will attend all meetings in the future.
  • new Secretariat team members who are attending the meeting as observers:
    • Ms Gemma redacted: s22(1)(a)(ii) - irrelevant material who will look after three of Council’s Reference Groups
    • Mr Ari redacted: s22(1)(a)(ii) - irrelevant material who is a Stepping into intern, completing a placement with the team.
    • Ms Maryanne Diamond, NDIA Board Director

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

  • Out of Session meeting reports from the Secretariat:
    • Meeting with Indigenous Leaders
    • Discussion with Equity and Inclusion Reference Group – First Nations Strategy
  • Agency update on 3P initiative

The Principal Member advised Council’s advice ‘Improving Equity in the NDIS’ together with the Agency response will go to Board on 3 March.

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The Principal Member also provided an overview of the new process for out of session meetings, noting this is a trial process for six months and welcomed Members feedback.

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

Council approved the minutes from the meeting held on 15 December 2022 and noted the matters arising.

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

redacted: s47F- personal privacy

2. Council Reports

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

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

The Principal Member noted Ms redacted: s22(1)(a)(ii) - irrelevant Participant Advocate and Mr redacted: s47F- personal privacy Participant Advocacy Adviser are in attendance as observers for this session.

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

  • Concerns delays in specialist disability accommodation (SDA) decisions are leaving some participants at risk. Members requesting further information on what steps are taken to shorten timeframes around approvals when risk to participants is identified.

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  • Continuing access issues in the Northern Territory and Alice Springs for First Nations young people in the justice system. Ms Reid noting, she is working with the Agency to around this issue.

  • Concerns the NDIS access request form is not available in languages other than English or Easy Read.

  • Limited knowledge of Justice Liaison Officers (JLOs) in correctional facilities. Members suggested the need to raise the profile of JLOs and how to access them.

  • Issues with the way planners write participant plans, including misquoting participants.

  • General concerns around local area coordination (LAC) and support coordinator service and planning quality, ability to train staff, and planning support.

  • Issues around hardening rental accommodation for NDIS participants.

  • Continued concerns around:

    • plan reductions without warning or a step down approach
    • changes to plan management type without participant knowledge

    Members requested further information and discussion with the Agency around these issues.

  • Ongoing shortages of skilled disability workers.

  • Risk that some NDIS providers cannot provide services that are not covered as part of their insurance policies.

  • Concerns with Information, Linkages and Capacity Building program (ILC) non-competitive grant rounds and the lack of outcomes for participants with these programs. Members agreed to have the Department of Social Services (DSS) attend a future meeting to discuss the process.

  • Positive feedback on the Agency’s work to improve hospital discharge and the data dashboards on acquired brain injury.

  • Delays in specialist disability accommodation (SDA) decisions are leaving some participants at risk. Members requesting further information on what steps are taken to shorten timeframes around approvals when risk to participants is identified.

  • Insufficient private mental health in-patient facilities to assist people with physical and ambulatory disabilities. The Principal Member suggesting Dr Gauntlett and Ms Reid could raise this with the Australia’s Disability Strategy (ADS) Advisory Council and Dr Jay, as Council representative, at the next National Mental Health Sector Reference Group (NMHSRG) meeting.

  • Concerns around participants and the community not able to lodge complaints with the NDIS Quality and Safeguards Commission.

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  • Concerns from providers that the Commission’s regulatory framework is too hard for them to comply with and there is limited interaction between the national commission and states/territories.
  • Lack of appropriate support to people with cognitive disabilities and/or complex situations. Members stressed the need for specialists or the reintroduction of case managers to provide support in these situations.
  • Inconsistent allocation of funding, with members reporting some participants with modest needs get excessive funding.
  • Concerns around the lack of choice and control for people to get supports to live alone or live with others without disability.
  • Families of participants with high needs want two year plans due to the administration needed to get NDIS supports. Administration is worse for supported independent living (SIL) or change of circumstance.
  • General issues around SIL, individualised living options (ILO) and short-term accommodation funding, administration and decision making.
  • Concerns that people with an intellectual disability may not have appropriate support in planning meetings. Members asked how many participants with an intellectual disability do not have plan nominees. The Agency took the question on notice.
  • Concerns around participants wanting a plan rollover and the funding associated with that plan. Members queried whether the funds in rollover plans meet CPI and Price Guide increases. The Agency took the question on notice.
  • Members congratulated the Agency on its work to reduce Administrative Appeals Tribunal (AAT) cases and the positive outcomes for participants. Members queried whether the Agency kept records of the AAT cases, including outcomes. The CEO advised she would share the themes of AAT cases with Council.

General discussion occurred around the Members reports, the process, follow up of questions raised in previous reports and Members’ ability to escalate if they feel Agency responses are not adequate. The Principal Member said Board Members have access to all Council papers via Diligent and an update is provided to Board, along with discussion at every meeting. Although noted a review of the process and escalation would be beneficial.

Additionally, Ms Falkingham noted the feedback and themes raised by Members and provided some comments back to the meeting.

Action 1: DSS to attend a future Council meeting to discuss non-competitive ILC grant rounds.
Action 2: Question on Notice: How many people with Intellectual Disability have plan nominees?
Action 3: Agency to provide further information about SIL and SDA, where there is risk to a participant, what steps are taken to shorten timeframes around approvals.
Action 4: Secretariat to work with Principal Member on the members report process.

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Action 5: Agency to provide further information at a future meeting on:

a. participants being changed to different plan management types. b. the absence of plan step downs

Action 6: Question on Notice: Do the funds in rollover plans meet CPI and Price Guide increases?

Action 7: Agency to share themes of AAT cases including outcomes with Council.

2.2. Board Chair and CEO update

The NDIA Board Chair noted we have a big year ahead. The NDIS will celebrate its 10th anniversary in July, the NDIS Review report is due in October, the Joint Standing Committee’s Review into culture and capability and the Disability Royal Commission.

The Board Chair was pleased with recent staffing changes at the senior executive level, including a person with disability. Although reiterated the need to be an employer of choice for people with disability at all levels of the Agency.

The Board Chair noted the Agency’s supported decision-making policy, which was well received by Board, will soon be released publicly. Additionally saying it was good example of great co-design.

Ms Falkingham noted the recent announcement regarding the new functional structure and appointments at the executive level. She provided Members with an overview of the changes, noting the changes will bring in fresh ideas, and align the Agency’s functions and priorities to better support the delivery of the Scheme for participants. Ms Falkingham highlighted the establishment of a Children’s taskforce within the new structure, noting the importance of understanding how to make the Scheme work better for children.

Ms Falkingham advised Members there is a strong focus on employing more people with disability at the Agency. She also noted further work will be done to replicate the work model for hospital discharge within other mainstream interface work.

3. Scheme Actuary

3.1. Measurements of adherence to the Participant Service Guarantee recommendations

Mr David Gifford provided an overview of how the Agency reports on the Participant Service Improvement Plan (SIP), which are the principals that underpin the Participant Service Charter (PSC).

Members noting the following points:

  • the need to simplify reporting and how performance is measured. All reports should be easy to understand and in plain English.

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  • inclusion of intersectional groups and disability classifications to understand trends is important.
  • importance of capturing service provision against where a person lives, particularly for rural and remote participants. This will help identify service gaps.
  • option to complete surveys in person, particularly for people with intellectual disability, who may need help from their support worker.
  • queried who responds to the participant satisfaction surveys – people with disability or their families.
  • the need for more engagement by the Agency with participants to help them understand what is done with the information they provide.

Members were keen to understand the participant satisfaction survey in greater detail and requested a meeting out of session.

Action 8: Mr Gifford to meet with Ms Reid to better understand how data is collected for remote participants.

Action 9: Mr Gifford to meet with Council out of session on the Fundamentals of the Participant Satisfaction Survey including:

a. better understanding of the questions asked in the survey. b. better understanding of the method used to obtain the data (from an accessibility point of view).

4. Council Reporting

4.1. Update on NDIA’s reporting on Council’s recommendations.

Ms redacted: s22(1)(a)(ii) - irrelevant advised Members that the team has done a lot of work on redesigning their reporting to ensure it hits the mark and does justice to the recommendations from Council’s advice, more than it has in the past. Additionally, based on previous feedback received from Council, our subject matter experts are available to discuss the content, not just the process.

Ms redacted: s22(1)(a)(ii) - irrelevant material opened discussion on progress against Council’s recommendations on promoting best practice in early childhood advice.

Members raised the following points:

  • pleased with the new format of reporting; noting it is easier and clearer to read and is accessible.
  • thankful to the team for highlighting that not all Council advice recommendations were covered by the ECEI reset project recommendations. Noting these recommendations were listed separately with progress update recorded.
  • the Agency should consider the number of children that access the NDIS against those children who exit the NDIS as a success factor.

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  • stressed the importance that development does not mean excessive therapy, and families and children have a right to say no to some therapies. Members suggesting operational guidelines should reinforce this to parents of young children.
  • encourage connections with peers/other families, not only connections with best practice early childhood providers/partners.
  • the need for supports for children in natural environments and the inclusion of families and others who are close to them to build a child’s capacity is important.
  • investigate alternative options to give support, apart from using the market approach model.
  • the need to review how the Scheme works with out of home care and child protection services. This is to ensure no child with disability is disadvantaged and left behind.
  • the importance of evaluation, to ensure the early childhood approach is providing good outcomes for participants.

The Principal Member requested the second update on progress against Council’s LAC advice recommendations be provided out of session due to time constraints.

Action 10: Agency to provide the update on progress against Council’s LAC advice recommendations out of session.

5. NDIS Review

5.1. Discussion on NDIS Review

Mr Blackwood provided an overview of the NDIS Review objectives related to Council’s work and possible options for engagement.

Robust discussion occurred and Members raised the following points:

  • it would be helpful to understand the Review’s timelines and critical milestones.
  • clear and transparent progress reports/updates are needed from the NDIS Review. Members suggesting these updates should include communications about its interactions with the Disability Royal Commission.
  • issues and recommendations from Council’s previous advice are still current and would benefit the NDIS Review team. The Principal Member noted the NDIS Review have access to all advice on Council’s website.
  • Members reports The NDIS Review should consider trends from Council and Reference Group Members’ community reports.
  • Council, with its wealth of knowledge and lived experience, should be engaged on complex issues the Review team are considering. Members also suggested Reference Group Members should be engaged in a similar way.

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  • greater promotion of the NDIS Review is needed. Particularly amongst people with intellectual disability.
  • the need for early understanding of what the NDIS Review is considering, to enable improvements for the Scheme.

Action 11: Principal Member and Board Chair to discuss with the NDIS Review team engagement with Council.

  • Obtain information from the NDIS Review team on timelines and milestones.

Action 12: Secretariat / Consultant to develop a summary of themes from members reports for the last 12 months to inform priority areas.

  • Council to determine priority areas and what would be most helpful for the NDIS Review team including Council’s expertise and knowledge in certain areas.

Action 13: Secretariat to invite the NDIS Review team to attend each Reference Group meeting.

6. Meeting close

6.1. Other Business

The Principal Member thanked Members for their open, transparent, and honest feedback and discussion throughout the meeting.

The Principal Member opened discussion and Members raised the following points:

  • Ms Cullen advised she will be attending the CALD Summit on 23 February, noting she will be happy to provide a report back to Council.
  • Ms Mahmic said the NDIS Review team are conducting a workshop on Early Childhood in March, noting she received an invite to attend.
  • Ms Paior mentioned she attended and presented at the Mental Health Conference earlier in the week, noting the common feeling around the room was that psychosocial disability was an afterthought for the Scheme.
  • Dr Taleporos raised concerns on the work from NDIS Quality and Safeguards Commission around provider registration for personal support. The Principal Member advised she would follow up with the Commissioner about this work.

Action 14: Principal Member to follow up with the NDIS Quality and Safeguards Commission regarding the status of the work about provider registration for personal support.

6.2. Next Meeting

The next meeting will be on Thursday 13 April in Hobart.

The Principal Member invited Members to a voluntary ‘in camera’ session to those who could join following the meeting and closed the meeting at 5.00pm.

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