NDIA Accountability Project

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Independent Advisory Council to the NDIS Meeting 8 of 2022-23 Agenda (12-13 April 2023)

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Independent Advisory Council

OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 8 of 2022-23
Date: Wednesday 12 April 2023

Log-in details:
Council meeting with Tasmanian DRCOs and PiTC

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

SESSION 1: COMMUNITY ENGAGEMENT 1.30pm-3.00pm
ITEM 1.1 3P Brief Overview
NDIA representatives: Garth redacted: s22(1)(a)(ii) - irrelevant, General Manager Participant Experience and Design; Richard redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Transition Communications & Engagement; and Fiona redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Partner Program
ITEM 1.2 DRCOs Reflections from PACE Test DRCOs
Presenters: Association of Children with Disability Tasmania, Autism Tasmania, SpeakOut Advocacy, Disability Voices Tasmania, and Flourish Tasmania.
Afternoon Tea 3.00pm-3:15pm
SESSION 2: PARTNER ENGAGEMENT 3.15pm-4.30pm
ITEM 2.1 PiTC Reflections from PACE Test
Presenters: Baptcare and Mission Australia Tasmania.

Delivered by the
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FOI 24/25-0546

Independent Advisory Council

OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 8 of 2022-23
Date: Thursday 13 April 2023

Log-in details:
Independent Advisory Council meeting

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

Morning tea/Coffee 9.30am – 9.55am

SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 10.00am-10.15am
ITEM 1.1 Principal Member’s welcome
ITEM 1.2 Confirmation of minutes, matters arising, and declaration of interest.
SESSION 2: COUNCIL UPDATES 10.15am-11.15am
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
SESSION 3: NDIS REVIEW 11.15am-12.15pm
ITEM 3.1 NDIS Review discussion
Presenter: Prof Bruce Bonyhady AM and Ms Lisa Paul AO PSM, NDIS Review
Lunch 12.15pm-1.15pm
SESSION 4: COUNCIL’S WORK PLAN 1.15pm-2.00pm
ITEM 4.1 Council’s Priorities for 2023-24
Presenter: Leah van Poppel
SESSION 5: PACE 2.00pm-3.55pm
ITEM 5.1 3P Test Evaluation: preliminary findings and next steps
NDIA representatives: Garth redacted: s22(1)(a)(ii) - irrelevant, General Manager Participant Experience and Design; Richard redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Transition

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OFFICIAL Communications & Engagement; and Fiona redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Partner Program

Afternoon Tea 2.55pm-3.10pm

| ITEM 5.2 Demonstration – my NDIS Portal and updated my NDIS app

NDIA representative: Alex redacted: s22(1)(a)(ii) - irrelevant m General Manager Digital, Lisa redacted: s22(1)(a)(ii) - irrelevant ma Director Participant Digital Experience and Andy redacted: s22(1)(a)(ii) - irrelevant Director Digital Change & Adoption
SESSION 6: MEETING CLOSE 3.55pm-4.00pm
ITEM 6.1 Other business
ITEM 6.2 Next meeting

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Independent Advisory Council to the ndis

OFFICIAL

Minutes of the Independent Advisory Council to the NDIS

Meeting 8 – 13 April 2023
10am – 4pm – held at the Crowne Plaza Hotel Hobart and hosted on Ms Teams.

Members

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

Council Expert Advisor

Dr Ben Gauntlett, Disability Discrimination Commissioner (online)

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chair (online)
Ms Meredith Allan, NDIA Board Director (online)
Ms Rebecca Falkingham, Chief Executive Officer
Ms Corri McKenzie, Deputy CEO, Service Design and Improvement
Mr Garth redacted: s22(1)(a)(ii) - irrelevant General Manager Participant Experience and Design (Session 5)
Dr Sam redacted: s22(1)(a)(ii) - irrelevant General Manager, Policy, Advice and Research
Mr Alex redacted: s22(1)(a)(ii) - irrelevant General Manager, Digital (online – Session 5)
Ms Fiona redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Partner Program (online – Session 5)
Mr Richard redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Transition Communications & Engagement (online -Session 5)
Ms Lisa redacted: s22(1)(a)(ii) - irrelevant Director, Participant Digital Experience (online – Session 5)
Mr Andy redacted: s22(1)(a)(ii) - irrelevant Director, Digital Change & Adoption (online – Session 5)
Ms Kathy redacted: s22(1)(a)(ii) - irrelevant ma Director, Strategic Advice
Ms Marina redacted: s22(1)(a)(ii) - irrelevant Assistant Director, Independent Advisory Council Secretariat
Ms Lirije redacted: s22(1)(a)(ii) - irrelevant Assistant Director Communications, Independent Advisory Council Secretariat
Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant Senior Project Officer, Independent Advisory Council Secretariat

Attending

Mr Gavin Burner, Member of Council’s Intellectual Disability Reference Group
Prof Bruce Bonyhady AM, NDIS Review Co-Chair
Ms Lisa Paul AO PSM, NDIS Review Co-Chair
Mr David redacted: s47F- personal privacy Head of the NDIS Review Secretariat
Prof Kirsten Deane OAM, NDIS Review Panel Member
Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM, Council’s Independent Consultant (online)
Mr Allan Blackwood, Council’s Independent Consultant (online)
redacted: s47F- personal privacy

Observers

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

Apologies

Ms Kerry Allan, Council Member (taken leave of absence)
Mr Mark Tonga, Council Member

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1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 10.01am.

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:

  • The National Close the Gap Day on 17 March
  • Ramadan, from 22 March to 20 April.
  • Harmony week from 20-26 March.
  • Easter Holidays.
  • Auslan Day on 13 April.

The Principal Member welcomed Board Chairperson Kurt Fearnley and Director Meredith Allan to the meeting, and noted this is the first hybrid meeting of Council since the start of the pandemic.

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

  • Justice Transition Project
  • Data Information Pack from the Scheme Actuary

The Principal Member provided an update on Council’s advice including:

  • Improving equity in the NDIS: the Agency response was approved by Board in March, and the brief is being prepared to go to the Minister and then the Disability Reform Ministerial Council (DRMC). After this, it will be published on Council’s website.
  • Improving the NDIS for Children & Young People: currently on the agenda for Council’s 18 May meeting.
  • Enhancing NDIA Practice in Behaviour Support: currently on the agenda for the IDRG’s 1 June meeting, and Council’s 6 July meeting.

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

Council approved the minutes from the meeting held on 22 February 2023 and noted the matters arising.

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

redacted: s47F- personal privacy

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2. Council Updates

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

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

The Principal Member also provided an overview of the new process for seeking responses to Members’ questions during session 2.1, noting this is a trial-and-error approach and welcomed Members’ feedback.

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

  • Reports from participants with complex needs (including communication and behaviour support needs) being denied access to NDIS supports while in hospital on the grounds that hospital staff should provide these supports. Participants should be allowed to use the supports already included in their plans while in hospital, but instead they’re left without critical supports and basic needs unmet. Additionally, hospital staff lack the skills and knowledge to deal with participants who require complex care. Members called for the NDIA to better support participants while they are in hospital, and to work closely with State and Territory governments, and to advocate for baseline training for all hospital staff.
  • Concern about reports that some families are being told to put their adult son/daughter under guardianship or appoint a public guardian, when it is not deemed necessary.
  • Ongoing concerns with the process and cost for providers to become registered, particularly for small providers or when providing own care.
  • Concern about the rise of COVID-19 and flu cases during winter, and the need to step up measures to protect vulnerable participants.
  • Reports from participants that the Consumer Price Index (CPI) and Price Guide increases are not being applied to plan rollovers; and participants getting a rollover plan without being contacted first or offered a review.
  • Ongoing issues for families of young children who are transitioning from early childhood partners to Local Area Coordinators (LACs), who are not being provided with enough information and support during this transition process.
  • Reports of plans becoming more itemised, and participants being told that if they spend their budget flexibly (but within guidelines), they will need to pay it back.
  • Positive feedback on NDIA’s work on hospital discharge, noting participants are being discharged in line with guidelines.
  • Reports of ongoing issues with workforce shortages, particularly in the Northern Territory, including issues related to the poor availability of LACs and their lack of knowledge and skills.
  • Concern that the NDIS Specialist Disability Accommodation (SDA) Pricing Review consultation timeframe is too short.

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  • Ongoing reports of participants in Supported Independent Living (SIL) in remote and very remote areas having to leave their communities to move to urban settings to receive the supports they need. Concern that the NDIA does not have the data to understand the volume of people moving into urban areas and whether they get access to supports or not.
  • Concern that two people associated with the Robodebt Scheme are employees of the NDIA. This is causing anxiety to participants who are following the Royal Commission into the Robodebt Scheme.
  • Members noted the valuable work the MJD (Machado-Joseph Disease) Foundation undertakes with Indigenous communities in Australia. A/Prof Cullen left the room for this update due to conflicts of interest.
  • Concern about participants receiving misinformation from Plan Managers in relation to paying for some support items. For example, being told they cannot claim anything from JB Hi Fi, Bunnings or Woolworths. This is incorrect and forces participants to do work-arounds to pay for things that are allowed under the NDIS guidelines.
  • The need to prioritise work on the interface between the NDIS and the education system, with many kids with disability receiving suspensions coming from out of home care or from Indigenous backgrounds.
  • Ongoing concern about the ‘invisibility’ of Justice Liaison Officers (JLOs), and how hard they are to access for people in the justice system.
  • Calls for plans to be available in Easy Read so everyone can understand them.
  • Ongoing reports that the NDIS call centre is unresponsive, does not help to resolve issues and forces participants to retell their story causing further trauma.
  • The need for the NDIA to create opportunities for, and promote employment of, people with intellectual disability.

NDIA Chief Executive Officer (CEO), Ms Falkingham noted the feedback and themes raised by Members and provided some comments back to the meeting, including:

  • The measures the NDIA is taking to protect participants during the COVID-19/flu season. She also noted that work is underway with States and Territories to collect data on people with disability impacted by long Covid.
  • The need to work closer with hospitals and their administrators to ensure participants are well supported. The NDIA is building this relationship and Health Liaison Officers are more available than ever. Ms Falkingham noted the impact the pandemic has had in hospitals, including workforce shortages which may be a contributing factor to the lack of skills and support from hospital staff.
  • Shared the concerns about the CPI not being added to plan rollovers as it is an automated process. Offered to undertake an audit to assess how common this is.
  • Acknowledged the concern in relation to the transition of 7-year-old children to the full Scheme. Noted this is one reason behind the creation of the Children’s Taskforce, led by Ms Liz redacted: s22(1)(a)(ii) - irrelevant
  • The two NDIA employees associated with the Robodebt Scheme have been suspended since Ms Falkingham joined the Agency. She reassured Members that there are Commonwealth processes

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that need to be followed for this, and in relation to the recommendations from the Robodebt Royal Commission.

  • Shared concerns about plans being rolled over without participant contact.
  • The SDA Pricing Review timeframe was set with the expectation that this will only be a short-term process, until the NDIS Review release their recommendations.
  • Committed to working with Council in the government response to the NDIS Review and Royal Commission’s recommendations.
  • Current transformation of the National Contact Centre, with a more robust triage process providing specialised support to existing call-centre staff.
  • The NDIA Board will be provided with a deep dive into SDA and SIL to better understand the data and the challenges and inform the Home and Living Framework.
  • Branch Manager, Practice Improvement, currently assessing NDIA’s planner workforce and Technical Advice Branch roles. Acknowledged the need for specialisation and clarity of planners’ roles and how planning affects the participant journey. Also noted the work underway on the Workforce Strategy, and redacted: s47F- personal privacy team’s input into this work as the NDIA Disability Champion.

Action 1: MJD Foundation representatives to attend a future Council meeting to provide an overview of their work.

Action 2: Provide Council with an audit of plan rollovers and whether CPI was applied to understand if it is a systemic issue.

Action 3: Ms Falkingham to attend a future meeting of the Intellectual Disability Reference Group.

Action 4: Provide Council with an audit of how common it is for plans to rollover without contacting participants.

Action 5: Council to meet out of session to discuss how the NDIA can best engage with the Australian Human Rights Commission.

Action 6: Include a briefing on the call centre transformation at a future Council meeting.

Action 7: Include a deep dive into SIL and SDA at a future Council meeting.

Action 8: Include a briefing on the Workforce Strategy at a future Council meeting.

2.2. Board Chair and CEO update

The NDIA Board Chair was pleased to see the engagement of the community in the NDIS Review and noted co-design during implementation will be a priority for the NDIA. He noted the recent Ministerial appointment of two new NDIA Board Directors, including the first Indigenous representative in the Board, taking the representation of people with disability to 50%.

The NDIA Board Chair said the Board is focusing on:

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  • SIL – noting there has been a significant increase in participants receiving SIL, which is not reflected in participants’ outcomes.
  • Plan inflation – plans are showing 19% inflation which is beyond what is acceptable and sustainable. The Chair requested Council’s advice on the matter.
  • Investing in NDIA staff to ensure participants have a better NDIS experience.

The NDIA CEO also provided a brief update including:

  • The DRMC priorities from their February meeting.
  • NDIA’s National Call Centre transformation work.
  • Update on the NDIA’s organisational structure, including the current recruitment underway of several Band 1 and Band 2 Executive positions. Ms Falkingham noted that the NDIA is focused on attracting people with disability and from diverse communities and encouraged Council members to share these opportunities within their networks.
  • Work underway on:
    • the NDIS Review implementation and governance processes, including a commitment to co-designing the implementation with the disability community.
    • The improvement of NDIA’s internal complaint management processes, including the release of a public facing complaints policy.
    • The release of the Participant Safeguarding Policy, thanking Council and Reference Group Members who contributed to this work.

Action 9: Include a briefing on the NDIS Review implementation work and governance processes at a future Council meeting.

Action 10: Council to meet out of session to discuss plan inflation.

3. NDIS Review

3.1. NDIS Review Discussion

Prof Bruce Bonyhady AM and Ms Lisa Paul AO PSM, NDIS Review Co-Chairs, discussed the three core issues driving participant experience in the NDIS:

  • Who the Scheme is for.
  • What are reasonable and necessary supports.
  • What supports do people with disability get if they are not eligible for the NDIS.

They noted that, throughout their engagement with the community, they have not heard of any new issues for participants dealing with the NDIS – which means the problems remain the same as they were when the previous Review was conducted. The Co-Chairs noted they are interested in hearing practical solutions to the problems raised.

The NDIS Review Co-Chairs also noted:

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