Independent Advisory Council to the NDIS Meeting 9 of 2021-22 Agenda - 26 April 2022

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AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 9 of 2021-22 Date: Monday 26th April 2022 Log-in details: Independent Advisory Council meeting Or call in (audio only) redacted: s22(1)(a)(ii) - irrelevant material

SESSION TITLE TIME
SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN 1.00pm-1.30pm
ITEM 1.1 Principal Member’s welcome
ITEM 1.2 Confirmation of minutes, matters arising, and declaration of interest
ITEM 1.3 Board Chair and CEO Update
SESSION 2: COUNCIL REPORTS 1.30pm-2.30pm
ITEM 2.1 Members and Expert Advisers: Reports ‘from the ground’
SESSION 3: CO-DESIGN ADVISORY GROUP FEEDBACK 2.30pm-3.00pm
ITEM 3.1 Update on Co-Design Advisory Group activities
Presenter: Leah Van Poppel
Break 3.00pm-3.10pm
SESSION 4: NO CLAIM MADE PROJECT 3.10pm-3.45pm
ITEM 4.1 Update from the Compensation Recoveries branch on the ‘No Claim Made’ project
Presenter: Jo redacted: s22(1)(a)(ii) - irrelevant and Sharon redacted: s22(1)(a)(ii) - irrelevant
Break 3.45pm-3.50pm
SESSION 5: EQUITY AND INCLUSION FORMAL ADVICE 3.50pm-4.50pm
ITEM 5.1 Endorsement of Council’s Formal Advice ‘Improving Equity in the NDIS’
Presenter: Belinda redacted: s22(1)(a)(ii) - irrelevant material

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SESSION TITLE TIME
SESSION 6: MEETING CLOSE 4.50pm-5.00pm
ITEM 6.1 Other business
ITEM 6.2 Next meeting

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Independent Advisory Council

Minutes of the Independent Advisory Council to the NDIS

Meeting 9 — 26 April 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel (Principal Member) Ms Sharon Boyce

Ms 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

Expert Adviser Dr Ben Gauntlett, Disability Discrimination Commissioner

NDIA Representatives

Dr Denis Napthine, NDIA Board Chair

Mr Martin Hoffman, Chief Executive Officer

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

Ms Jess redacted: s22(1)(a)(ii) - irrelevant Acting Branch Manager, Agency Policy

Ms Jo redacted: s22(1)(a)(ii) - irrelevant Branch Manager, Compensation Recoveries

Ms Sharon redacted: s22(1)(a)(ii) - irrelevant Director, Compensation Recoveries

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

Ms Carly redacted: s22(1)(a)(ii) - irrelevant Assistant Director, Independent Advisory Council

Ms Hannah redacted Assistant Director, Independent Advisory Council

Ms Liriie redacted: s22(1)(a)(ii) - irrelevant Assistant Director Communications, Independent Advisory Council

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

Attending

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

redacted: s47F - personal privacy

Apologies

Ms Kerry Allan-Zinner

Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant Senior Project Officer, Independent Advisory Council

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1. Principal Member’s welcome and open

1.1. Principal Member’s welcome

The Principal Member opened the meeting at 1.03pm.

The Principal Member acknowledged the Traditional Owners of the lands on which Members, Expert Adviser 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 Transgender Day of Visibility, a day of pride and celebration for gender diverse identity, achievements, and community, held on 31 March.

  • The first annual celebration of Auslan Day held on 13 April.

  • The Christian festival of Easter held in mid-April.

  • The Jewish celebration of Passover held from the 15 April to 23 April.

  • The holy month of Ramadan for the Islamic community continues to 1 May.

The Principal Member noted an apology from Ms Allan-Zinner who was unable to attend the meeting.

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

  • Out of Session meeting reports on:

    • Early Childhood Approach
    • Home and Living: ‘Making SIL Better’ and ‘Making SDA Better’
  • Participant Reference Group Member report

  • Action log of issues raised during CEO update and Members reports sessions. The Principal Member also noted that as member reports have been given in writing for this meeting, the Secretariat will compile actions for the log from these reports.

1.2. Minutes, matters arising, terms of reference and declarations of interest

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

redacted: s47F - personal privacy

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  • redacted: s47F - personal privacy

Members will provide updates to the Secretariat after the meeting.

Council approved the minutes from the meeting held on 28 March 2022 and noted the matters arising.

1.3. Board Chair and CEO update

The Board Chair acknowledged the Agency’s work to date to deliver the NDIS and noted that the task now is to deal with the challenges and issues that have been raised. The Board Chair sees his role as working with people with disability, providers and providing bipartisan support to the government.

The Board Chair is keen to focus on creating better opportunities for people with disability to obtain employment, build skills and make a positive contribution to Australia overall.

Mr Hoffman noted that the Agency is currently in the caretaker period leading up to the Federal Election on Saturday 21st May, and that the NDIS has been an election and media issue more than expected.

Mr Hoffman noted:

  • The recent amendment to the NDIS Act 2013 establishes the Participant Service Guarantee (PSG). The Agency will ensure it upholds PSG standards to improve outcomes for people with disability.
  • Continuing work on the CRM (Customer Relationship Management) system build.
  • Co-Design activities are being positively received across the Agency.

Action 1: Mr Hoffman will work with Dr redacted: s22(1)(a)(ii) - irrelevant and the Secretariat to distribute the monthly Agency Pulse report

2. Council Reports

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

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

  • Continued challenges with plan reviews, funding, and plan management:
    • Increased delays in the completion of plan reviews and changes to existing plans, with reports of some significant reductions in plans following a review.
    • Reports of the Agency reducing larger plans without warning and/or a step-down approach.
    • Increased delays with funding approval for assistive technology (AT).
    • Some people find it hard to get help from the Agency with their plans. When they do, there is no continuity of service.

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  • Some people need to give the Agency lots of proof about their disability, which is not considered in planning.
  • Reports the Agency does not equally promote ways to manage NDIS funding, and removes self-management from plans without reason.
  • Members receiving more phone calls from distressed participants.
  • Participants feeling frustrated that:
    • They speak to someone different each time they contact the National Contact Centre and have to explain their story again.
    • There is a recorded message on respect when calling the National Contact Centre — this should say mutual respect.
    • Some are waiting up to 15 months for a decision on SDA.
    • Some are waiting up to two years for a wheelchair.
    • It can take more than a year to go through the AAT review process
  • Challenges in some rural and remote Aboriginal and Torres Strait Islander communities around:
    • Significant funding reductions, especially with larger plans.
    • Sometimes support coordinators are not told when plan reviews will happen and cannot help participants prepare.
    • Over the phone plan reviews are not inclusive for participants and families who do not speak English as a first language.
    • Some Aboriginal Community Controlled Organisations providers cannot provide service to NDIA-managed participants because they do not meet registration requirements.
    • The new tender for NDIA’s Partners in the Community (PITC) program, which includes Local Area Coordinators (LAC), does not cover all communities.
  • Challenges in early childhood disability with families:
    • finding it hard to return or stay at work because of lack of childcare support.
    • focused on their child’s deficit rather than best-practice and development outcomes. Reports that families seek reports and/or quotes for therapies from providers to get larger NDIS plans.
  • Some disability advocates:
    • Have long waiting lists to assist people with disability access NDIS supports.
    • Say they are dealing with more Administrative Appeals Tribunal (AAT) cases relating to sexuality supports.
  • Continued NDIS support challenges with the justice interface:
    • Some people find it hard to locate and access Justice Liaison Officers.
    • Some support coordinators do not engage with prisoners who have NDIS plans before release. Because of this, plans are not operational weeks/months after release.
  • Continued challenges around home and living:
    • Reports of longer delays in the completion of a request for plan reviews and changes and additions to existing plans.
    • Reports some people wait six months for a reply from the Agency about their SDA application.
    • Reports some people who previously had a package of individualised living option (ILO) supports are now being funded through Assistance with Daily Living funds in their core supports budget.

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