Document 2
National Disability Insurance Scheme Independent Advisory Council
Meeting 2 of 2016 (19–20 May 2016)
Brussels Room, 27-29 Little Lonsdale St., Melbourne
MINUTES
ATTENDEES
Members present:
Rhonda Galbally AO (Principal Member) Ken Baker AM Dean Barton-Smith AM (19 May) Jennifer Cullen (until 10:30 am 20 May) Sylvana Mahmic Joan McKenna-Kerr (until 12:15 pm 20 May) Janet Meagher AM Gerry Naughtin (for item 8) Dale Reardon Michael Taggart (until 3:30 pm 20 May)
National Disability Insurance Agency staff in attendance:
Louise Glanville, Deputy CEO Stakeholder Relations Ian Maynard, Deputy CEO Operations (20 May) Liz Cairns, General Manager Service Delivery (19 May) Paul O’Connor, Chief Risk Officer (20 May) Sarah Johnson, Scheme Actuary (20 May) Anne Skordis, General Manager Scheme Transition (20 May) Maryanne Diamond AO, General Manager Media, Communications and Engagement (20 May) Kirsten Deane, Director, Community Linkages (20 May) Katherine Rhodes, Director, Governance Tim Hillman, Council Secretariat
External participants:
Ms Belinda Epstein-Frisch, consultant to the Independent Advisory Council
AGENDA ITEMS: DAY ONE – THURSDAY 19 May
The meeting commenced at 9:30 am on Thursday 19 May.
ITEM 1 Principal Member’s welcome
The Principal Member welcomed members to the second meeting of the Independent Advisory Council (the Council) meeting for 2016.
The Council acknowledged the traditional owners of the land and paid respect to elders, past and present.
The Council also acknowledged that the purpose of the National Disability Insurance Scheme (NDIS) is to achieve social and economic participation of people with disability and certainty for people with disability, within the context of the United Nations (UN) Convention on the Rights of Persons with Disabilities, particularly in relation to self-determination,
independence and mainstream community inclusion. The Council also discussed the UN Convention in relation to an ordinary life.
ITEM 2 Declarations of interests
The Principal Member noted that the secretariat had circulated an updated version of the standing register of interests.
ITEM 3 Minutes of previous meeting
The minutes of the 10–11 March 2016 Council meeting were agreed to. Action item updates were provided by DCEO Stakeholder Relations.
ITEM 4 Report from Principal Member
The Council noted the report from the Principal Member which included a brief on:
- a meeting with John Forster of Noah’s Ark, which works to have children with disability fully included in playgroups; and
- the housing innovation showcase held in Sydney on 6 April 2016.
Action 1 Secretariat to invite John Forster to attend the next meeting of the Council alongside Peter De Natris to discuss community inclusion initiatives relating to early-childhood.
ITEM 5 NDIA report
The Council noted the NDIA report provided by the DCEO Stakeholder relations.
The Council noted the overview of in-kind funding and that the NDIA is finalising the supported disability accommodation (SDA) pricing framework. It also noted that the housing innovation showcase held in Sydney was a success and that a further housing showcase would be held in Melbourne on 31 May 2016. The Council discussed the implications of SDA framework including WA in particular.
The Council noted that the Parliamentary Joint Standing Committee on the NDIS had tabled a report on accommodation for people with disabilities and the NDIS.
Action 2 Secretariat to circulate the Joint Standing Committee’s report on accommodation for people with disabilities.
Action 3 Secretariat to provide the final SDA pricing framework to the Council.
Action 4 Agency to provide individual state and territory briefings on in-kind funding to be discussed at the next meeting of the Council.
The Council discussed the bilateral roll-out schedule, noting the bilateral agreements outline how participants will enter the Scheme, including prioritisation by urgency and requirements for supports.
Action 5 Agency to provide the bilateral roll-out schedule for state and territories for the next meeting of the Council.
The Council provided feedback on the Queensland market position statement.
Action 6 Council Member Jennifer Cullen to provide the Agency with data issues and alternative sources on North Queensland participant numbers in addition to a summary of feedback received on the Queensland market position statement.
ITEM 6 Members’ reports ‘from the ground’
The Council noted members’ reports ‘from the ground’.
Council Member Dale Reardon raised issues that had been discussed on social media relating to the NDIA’s telephone outreach and that people were being called without any contact beforehand with the assumption that people are available to discuss eligibility for the Scheme immediately. The Council noted that letters advising people that they will be contacted by the Agency are being sent out by the state and territories.
Council Member Meagher stated that people with cognitive impairment have been having difficulties liaising with the Agency over the phone. It was raised that it would be beneficial for some criteria to be developed to make the Agency aware that a phone call may not be the best mode of contact for some people
Council Member Barton-Smith noted the appointment of Alastair McEwin as the new Disability Discrimination Commissioner. The Council noted that it could be beneficial for him to highlight the need for minimum regulation for universal housing design and a review of criminal justice with the Commissioner.
The Queensland market position statement was also raised, with the Council noting that the document was beneficial but that it could mean that larger organisations are advantaged.
Council Member Dean Barton-Smith also stated that the deaf community is nervous relating to Scheme intake, as many individuals felt that they did not have an understanding of the Scheme and the funding for supports that would be provided in preparing for the NDIS.
Council Member Jennifer Cullen raised that the Northern Territory Indigenous Language Centre has agreed to translate material relating to information on the NDIS and the participant pathway for the Barkly region. The Council also discussed priority and access being a concern in Queensland with mixed messaging provided by the NDIA and the Queensland government. The Council noted that NDIS champions that were being funded by the Queensland Government were on occasion providing incorrect information to communities and were being associated with the Agency through the local area coordinators (LACs) involved.
Council Member Ken Baker stated that the NDIA had provided new terms of business to providers which required them to provide a monthly statement of charges. The council noted that many providers do not have the capacity to provide statements so frequently.
The Council also discussed the recent Senate inquiry into people with disability in indefinite detention. It was noted that Committee was interested in whether anything had been learned
in relation to this group of people from the trial sites. The Council raised that it was important for the NDIA to have a better interface with this area.
The Council clarified the rules regarding the continuity of support for people aged over 65 who are currently receiving disability services, including NDIS participants.
Council Member Taggart raised that many families are not receiving enough information relating to the Scheme and that most information is being received through community sessions provided by disability organisations. It was agreed that this was not necessarily a bad thing and that non government agencies might be better at spreading the word but that this could be far more systematic
In addition, the Council noted that local governments are seeking further information on the role of local area coordination (LAC) and how it will it will work with local government once it has commenced.
Council Member Mahmic noted that the NDIA needed to be clearer in communicating that the specialist provider system is a critical component in supporting children who have higher support needs, rather than solely explaining access partner components.
Council Member Mahmic noted that the NSW LAC partners appointed are both faith based organisations and this might impact on some people engaging with them.
The Council raised that information for self-management is not being presented consistently, with concerns being raised that the NDIA is not providing enough support for self-management. Self-management is being seen as too difficult for most people, with the role of plan management providers being poorly understood. The Council noted that a concerted strategy by the Agency to focus on a continuum for self-management was need to help people move towards self-managing their plans.
Council Member McKenna-Kerr noted that organisations and participants in WA are ready for the bilateral agreement to be signed and that the expansion of the trial sites was perceived as beneficial.
ITEM 7 Capacity building for the most vulnerable
The Council noted the paper relating to capacity building for the most vulnerable in closed systems.
The Council noted that the Agency uses its current risk assessment processes to identify people who are vulnerable in closed systems and that the Agency could develop a series of questions in the planning process to identify people in closed systems.
The Council agreed that the definition of closed systems needs to be refined.
The Council discussed whether building capacity and reducing vulnerability of participants who live and spend the day in closed systems should be included in reasonable and necessary support for participants in closed systems. The Council noted that assistance
should be provided for support for decision making, as well as to develop personal safeguards and build capacity.
Action 7 The Council agreed for the paper to be provided to the Board as formal advice, with the inclusion of a refined definition on closed systems.
ITEM 8 Support coordination as a tool of capacity building in the NDIS
The Council discussed the nature and delivery of support coordination as well as the registration process for providers.
The Council agreed for the following be included in support coordination:
- the development and strengthening of informal support and individual capacity building to enable participants to speak for themselves, develop personal safeguards, and make decisions;
- assistance to participants to develop roles that provide opportunities for relationships and to build a sense of belonging;
- support for participants to link to mainstream services including assistance to locate and support the development of informal support in mainstream services;
- individual capacity building in areas across the outcomes framework; and
- the development and coordination of unpaid and mainstream supports and connections.
The Council agreed that the level and duration of support co-ordination should balance the requirements of maximising independence, self-management and inclusion of participants with Scheme sustainability.
The Council discussed at length whether registered services that are providing core supports should be able to provide support coordination, plan management and capacity building.
The Council agreed that further discussion was needed on this paper including whether support coordination could be provided by a registered provider and that this item would be brought back at the next meeting of the Council.
Action 8 Secretariat to reschedule support coordination as a tool of capacity building for the next meeting of the Council.
ITEM 9 Future of peer work in mental health and the broader disability sector
The Council noted the paper on guidance on the application and promotion of peer work in the context of the NDIS.
The Council noted that peer work can facilitate inclusion as people with similar life experience usually engage well and that peer support services can be developed across all disability categories.
The Council noted that competency needs to be included in peer work. Peer workers need to have a positive impact by doing the job well. This would require the development of a peer workforce guideline that outlines roles and capabilities, considerations in developing service models for peer support governance arrangements, supervisory structures as well as recruitment strategies, training and skill development requirements.
The Council agreed that the paper should look at the wider disability sector in peer work, including how peer support relates to:
- the employment of people in disability services;
- new roles in the NDIA, including support coordination and plan management; and
- planning and personal support.
Action 9 Council to provide a letter to the Department of Social Services on peer workers and their importance as a priority for projects currently being developed on workforce development .
The Council agreed to the overall recommendations and requested for the paper to be developed further and come back to the next meeting of the Council.
Action 10 Secretariat to schedule peer work as an item for the next meeting of the Council.
ITEM 10 Intellectual disability update
The Council noted the intellectual disability update, including the work plan status.
The Council agreed for the papers on equitable access to the NDIS by people on the margins and equitable access to the NDIS by people in touch with the criminal justice system to be provided to the Board.
The Council noted that the papers included impairments other than disability and agreed that the paper could be renamed to encompass cognitive impairment, in addition to intellectual disability.
The Council discussed the purchase of comprehensive needs assessments where necessary especially where lack of evidence of impairment and functional capacity impedes the determination of eligibility.
The Council noted the changes to the papers Support for decision making and agree to adopt the paper for it to be provided to the Board. The Council noted that the paper on support for decision making had been amended to include:
- a clearer expectation of everyday implementation of support for decision making; and
- a refined interpretation of family and informal decision makers.
The Council agreed that the most vulnerable participants must be prioritised to receive funded supports for decision making as part of their first preplanning and plan preparation processes (prior to the preparation of the first plan).
The Council agreed to the support for decision making paper.
AGENDA ITEMS: DAY TWO – FRIDAY 20 May
ITEM 11 Operations update
The Council noted the Operations update provided by the DCEO Operations.
The Council discussed contact being made with eligible participants and their entrance to the Scheme. The Council noted that phone calls are used to confirm age, residency and confirm eligibility for the NDIS based on severity and urgency. A short form outcomes framework questionnaire is undertaken. Phone calls do not undertake planning; planning is always conducted in a face to face session. All participants are sent letters and advised to expect contact within 6 to 10 days. LAC planners are provided with travel time and 10 hours of face to face engagement time to form draft plan. This plan flows to an Agency delegate for approval.
The Council noted that the Agency is working to address lengthy delays, including postal delays. Due to the scale of numbers entering the Scheme the Agency is developing an efficient and repeatable process to determine eligibility and source as much information as possible to refine processes.
Council member Meagher requested simplified communications for those with cognitive impairment and the possibility that the IAC review the letter including a template of questions likely to be asked.
Action 11 Agency to provide the Council with explanation points on the NDIA contacting people for eligibility purpose which they can use with external networks.
The Council discussed new entrant delays as well as the obligation under the National Disability Insurance Scheme Act 2013 to grant access to the Scheme after 21 days of a participant providing all necessary information. The Council noted that the NDIA makes access decisions and then tries to approve plans as quickly as possible, however the Agency is not permitted legally to exceed its bilateral targets for approved plans in the Scheme.
The Council raised the issue relating to the bilateral targets not reflecting the numbers eligible for the Scheme in states and territories and that the Commonwealth is discussing with the Northern Territory raising the intake of participants.
ITEM 12 Self-management
The Council noted the update on self-management provided by Ian Maynard, DCEO Operations.
The Council noted that it was important to maintain a continuum for self-direction to ensure that participants are able to build capacity to start to manage their plans. It was noted that
seven per cent of participants are completely managing their own funding and that this should be promoted through Agency communications.
The Council proposed the importance of using peer networks and that plan management providers could also be beneficial. These types of services are already being provided by organisation through state based systems, though these organisations are unsure as to their role in the NDIS.
The Council stated that self-management could be stimulated through pricing as well as through the provision of support coordination in packages. Information, linkages and capacity building (ILC) is critical in providing support for tools, support and workshops and other information on self management.
The Council noted that the Agency is examining conflict of interest and noted that plan management and support coordination could be provided by the same provider.
Action 12 Belinda Epstein Frisch to provide an outline of the architecture in the NDIS that could help promote self-management, especially in relation to information linkages and capacity building.
ITEM 13 ATSI engagement plan and strategy
The Council noted the progress of the Aboriginal and Torres Strait Islander Engagement Strategy and Action Plan.
The Council discussed issues that the NDIA should consider in delivery of the Action Plan and in imbedding the engagement approach under the NDIS.
The Council raised that it would be important to re-engage the working group to examine the progress of the plan after a year to ensure accountability of the Agency on deliverables.
The Council noted that the strategy provides a lot of useful information, however it was raised that the action plan needs further work and may need further input from the working group, especially for the parts of the document that did not connect easily with the strategy.
The Council stated that issues could arise around bringing people into the Scheme based on the NDIS prioritisation of severity rather than cultural priorities set out in cultural lore. The Council noted that the intake process is agreed between governments however communications will be provided to endeavour to achieve this flexibility.
The Council discussed the Culturally and Linguistically Diverse (CALD) strategy and noted that the next draft would be made available to working group members by the end of May 2016.
The Council raised the need for the development of a Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) and gender strategy to help determine vulnerability risks during eligibility discussion.
Action 13 Secretariat to schedule an item on gender issues and the NDIS for a future meeting of the Council.
ITEM 14 Community linkages update
The Council noted the community linkages update provided by Kirsten Deane, Director Community Linkages.
The Council noted feedback received on the ILC commissioning framework and that further consultations were being held ahead of the release of the next iteration of the framework.
Policy feedback on the ILC commissioning framework included:
- that there are too many outcomes that read similarly to principles and are too high level;
- the interaction between ILC and LAC; and
- the interaction of ILC with the mainstream.
Implementation feedback for the framework included:
- facilitating organisations being able to successfully participate in ILC grant rounds;
- conflict of interest (including whether advocacy organisations are able to use ILC funding);
- issues relating to rural and remote areas;
- that the application process needs to be accessible and inclusive; and
- the need for self-direction principles to be worked into key requirements.
The Council noted that that program guidelines will be developed in time for the commencement of ILC in 2017.
Action 14 Agency to provide an update on the further development of self-direction in ILC.
Action 15 ILC Commissioning framework to be examined by the Council out of session before it is provided to the Board.
ITEM 15 Scheme Actuary update
The Council discussed the 31 March 2016 quarterly results, the risks to sustainability identified and the management responses.
The Council noted that 35 per cent of participants were using a combination of self-management and Agency management of funds. As the mobility funding is usually self-managed, it was raised that this could be inflating the data.
The Council discussed how actuarial data could be used to see how participants are becoming more independent over time to increase self-management.
The Council noted the change in committed supports between participants’ first initial plan approval and their latest amended second plan for the average participant.
Action 16 Scheme Actuary to provide a report at the next meeting of the council on package values as well as the exit rates of children from the Scheme.
Action 17 Scheme Actuary to provide further information on the deregulation of prices for self-management and its intended effects.
Action 18 Scheme Actuary to provide data on people who are self-managing that excludes participants who are only self-managing a mobility allowance.
ITEM 16 Media and communications update
The Council noted the Agency’s 1 July 2016 readiness communication and engagement activities (#NDISready).
The Council noted the development of foundation documents that can be used with stakeholders and that the Agency is aware that with some groups further communications are needed that can be used to explain the phasing in a clear and concise manner.
The Council noted the development of consistent signing interpretation which is different in other languages and does not have consistent signing for terms used for the NDIS.
The Council noted that information sessions for participants and providers are being organised by local sites and that a stakeholder list has been developed so that key stakeholders have a contact at the senior executive level within the Agency.
The NDIA is developing a system in which others can use the branding of the NDIS, including a tiered approach for stakeholders, state governments and registered providers. The legality and practicality of this is being examined.
The Council noted that a section on the website is being developed that highlight five key things that people can do to prepare for the NDIS as part of #NDISready. The core communications product will be completed by mid-June 2016 and that the language translation process will be ongoing post 1 July 2016.
The meeting concluded at 3:41 pm on 20 May 2016.
UNDER THE LINE ITEMS
- The Council noted the current Administrative Appeals Tribunal reviews paper.
- The Council noted the Housing Innovations Working Group update.