Document 3
FOR OFFICIAL USE ONLY: ADVISORY COUNCIL MINUTES
FINAL MINUTES
National Disability Insurance Scheme Independent Advisory Council
Meeting 3 of 2016 (3 - 4 August 2016)
Leichardt Room, 27-29 Little Lonsdale St., Melbourne
ATTENDEES
Members present:
- Dr Rhonda Galbally AO (Principal Member)
- Mr Dean Barton-Smith AM
- Ms Jennifer Cullen
- Ms Sylvana Mahmic
- Ms Joan McKenna-Kerr (Day 1)
- Ms Janet Meagher AM
- Mr Dale Reardon
- Mr Michael Taggart
National Disability Insurance Agency staff in attendance:
- Ms Stephanie Gunn. A/g Deputy CEO Stakeholder Relations (Day 1)
- Mr Ian Maynard, Deputy CEO Operations (Day 2)
- Mr Paul O’Connor, Chief Risk Officer
- Ms Sarah Johnson, Scheme Actuary (Day 2)
- Ms Anne Skordis, General Manager Scheme Transition (Day 2)
- Ms Kirsten Deane, Director, Community Linkages Division (Day 2)
- Ms Anna Burke, Senior Project Officer, Community Linages Division (Day 2)
- Ms Katherine Rhodes, Director, Governance
- Mr Tim Hillman, Council Secretariat (Day 2)
- Mr Gary Ibbotson, Project Officer, Governance (Day 1)
External participants:
- Ms Belinda Epstein-Frisch, consultant to the Independent Advisory Council (Day 1)
Apologies:
- Mr Ken Baker AM
- Dr Gerry Naughtin
DAY 1 - WEDNESDAY 3 AUGUST
The meeting commenced at 9:30 am on Wednesday 3 August 2016.
ITEM 1 Council members’ only discussion
The first item consisted of a member’s only discussion. Discussion was not recorded.
ITEM 2 Principal Member’s welcome
The Principal Member welcomed attendees to the third meeting of the Independent Advisory Council (the IAC) for 2016.
FOR OFFICIAL USE ONLY: ADVISORY COUNCIL MINUTES
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 Convention on the Rights of Persons with Disabilities (UNCRPD). In particular, the NDIS promotes self-determination, independence and mainstream community inclusion of people with disability. These principles inform the IAC’s advice to the NDIA Board in the context of an ‘ordinary life’.
ITEM 3 Declarations of interests
The Principal Member noted that the secretariat had circulated an updated version of the standing Register of Interests.
ITEM 4 Minutes and actions arising of previous meeting
The Council noted and agreed to the minutes and actions arising from the meeting held on Thursday 19 and Friday 20 May 2016.
ITEM 5 Report from Principal Member
The Council noted the report from the Principal Member which included a summary of members’ only discussion.
The Council noted the lack of public information regarding the important work of the IAC. A communique to the public capturing key outcomes of meetings and information about IAC papers (including links to access these) would enhance the visibility of IAC work and enable greater cross-over with NDIS ‘grassroots’ activities.
Action 1 Previous IAC advice to be compiled as a narrative and provided to the Productivity Commission.
The Council underscored the need for IAC products and resources (including End of Year Updates, and IAC advice to the Board) to be easily accessible, in particular, on the NDIS Website.
Target groups for IAC information include: people with disability and their families, lobby groups, peer organisations, and grassroots websites. Inclusion of this information in organisations’ newsletters would assist reaching a diverse audience. Currently, key issues for communicating to the public include increasing self-determination and community participation.
Action 2 Agency to develop a strategy for the advice of the Independent Advisory Council to be communicated more broadly.
The Principal Member noted that she will deliver a keynote address at the annual conference of the New Zealand Disability Support Network. The keynote address is expected to cover learnings from the implementation of the Scheme to date.
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The Principal Member noted the agreement of members to re-sign Confidentiality Agreements out of session and provide to the secretariat at the next meeting of the IAC.
ITEM 6 NDIA report
The Council noted the NDIA report provided by Stephanie Gunn, A/g DCEO Stakeholder Relations.
The Council received an update on the transition to full Scheme and the Sydney and Melbourne Housing showcases. The Council briefly discussed the Specialist Disability Accommodation (SDA) including the draft NDIS SDA Rule.
Action 3 The Council requested an update on Specialist Disability Accommodation at its next meeting, including information on price and values.
The Council discussed in-kind funding and its direct impact on choice and control noting that the Board is developing a strategy to address choice and control in the context of ongoing ‘in-kind’ arrangements during transition.
The Council was provided an update on Local Area Coordination (LAC) and Early Childhood Early Intervention (ECEI). The Council sought clarification regarding the inclusion of faith based organisations in the selection of NDIS Partners in the Community (PIC). The Council noted that some communities and individuals have strong reasons for not wishing to engage with such organisations.
The Council noted that the Agency is engaging people from diverse backgrounds and that the experiences in NSW with faith based organisations are being monitored. Where a person indicates their discomfort with engaging with a particular LAC/ organisation, the Agency staff may provide support directly.
The Council noted that recent communications activities included:
- NDIS Ready campaign
- 10,000 daily NDIS website visits
- 60 public events in August, and
- National NDIS and mental health engagement events taking place between September - December 2016
The Council noted that the Agency has not released a press release in approximately five months. The Council also raised that, in dealing with critical incidents, it is important for the Agency to include Aboriginal and Torres Strait Islander languages and other languages in communication products.
ITEM 7 Members’ reports ‘from the ground’
The Council noted members’ reports ‘from the ground’.
Joan McKenna-Kerr
The portal is creating issues for individuals and their plan, as plans are not being finalised or reviewed. It was raised that communications in relation to the portal could have been better
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managed. The Agency needed to be more open about the situation because it was perceived that the Agency was shifting blame onto the sector.
Action 4 IAC members to provide details of issues that are being raised in relation to the portal.
Sylvana Mahmic
Regular Early Childhood Early Intervention (ECEI) meetings with the Agency are a positive step for the dissemination of information. The Council noted that mainstream organisations are beginning to show interest in what the approach signifies.
However, in general there is a lack of information about ECEI which is having consequences for the Scheme. The Council queried whether there are enough resources within the Agency to adequately resolve and communicate the ECEI approach.
Janet Meagher
Janet Meagher provided an update on the mental health sector in the Hunter, including meetings that had been held with participants and providers.
The Council noted that many providers are still unable to adequately respond to challenging behaviours and that individuals are unaware that they can receive individual supports. The narrative is starting to shift to include people with disability at its centre.
The Council noted that many people with psychosocial disability are still not aware of the opportunities afforded by the Scheme. These opportunities include the development and articulation of personal goals and aspirations. Without this information and skills, people with psychosocial disability may not be planning well. However, it was noted that many participants with First Plans have experienced very good outcomes.
Action 5 Council agreed that Agency staff need to be properly informed on IAC advice and concepts.
Dale Reardon
Dale Reardon underscored the significance and impacts of Portal issues for people accessing the Scheme.
Jennifer Cullen
There continues to be an under representation of Aboriginal and Torres Strait Islander participants in areas such as Palm Island and Townsville. The Council noted that data is currently being collected manually and provided to the Agency. However, people and providers are eager to learn more about the Scheme and there has recently been a surge in interest for scheme readiness. It was also noted that community leaders are being engaged and LACs are doing well.
Dean Barton-Smith
Dean Barton-Smith provided an update on the National Auslan booking service having its services reduced, with people finding that that Auslan bookings are being reduced to one hour. It is reported that the Department of Social Services (DSS) is using the NDIS as the reason for the changes. This created confusion amongst the deaf community and concerns as to what other impacts that the NDIS may have.
FOR OFFICIAL USE ONLY: ADVISORY COUNCIL MINUTES
Michael Taggart
The Council noted that Michael Taggart has accepted an invitation to become a member of a ‘key influencer working group’ in SA on the implementation of bilateral agreements in transition to full scheme.
Michael Taggart noted that local governments are being approached by market expanders to examine whether local governments are able to assist with eMarket type models. A concern was raised that inexperienced support coordinator companies are entering the market using good advertising strategies with profit expectations. The Council noted the potential dangers of these new entrants in the market.
Action 5 The General Manager, Market and Providers, to be advised of new and inexperienced support coordinator companies entering the market.
Rhonda Galbally
The Council was provided an update on behalf of Judy Huett member of the IAC’s Intellectual Disability Reference Group (IDRG).
The Council noted that it had been observed by Judy Huett that ‘too much support’ was being provided to participants in Tasmania, which was making people reliant and impacting on their independence. Consequently, the Council noted the need to examine the barriers to social independence preventing people with disability from doing the same activities as their peers.
The Council raised that this issue may also relate to access to the Scheme.
The Council noted that access to psychological services is included under Medicare. Members reflected on the need for further articulation of the NDIS and health interface principles.
Action 6 Agency to schedule an item on the inclusion of access to psychological services in the next meeting of the IAC.
ITEM 8 Enhancing self-direction and self-management
The Council noted the draft paper relating to enhancing self-direction and self-management. Discussion ensued and feedback was provided.
The Council noted that, traditionally, state and territory systems have not allowed opportunity for people with disability to take control of their lives. Self-direction and self-management of disability supports requires: information sessions, appropriately trained staff, planning partners and technical assistance.
Self-direction and self-management do not always require additional funding, however, do require focused supports. The Council noted that this is possible under the NDIS as funds are flexible, except for substantial investment purchases (For example, assistive technology and home modifications).
The Council noted that the advice needs to clearly state the Agency’s position on self-management including the use of intermediaries.
The Council agreed that the paper needs to include an additional recommendation on the provision of technical assistance for self-management.
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The Council also noted that the paper needs to address flexibility in funding to increase participation but that no funding should be used for items that personal income should cover. It was raised that participant stories could be included in the paper to illustrate key issues.
The Council noted that the models from the UK and Canada could be examined to further develop the paper, as well as New Zealand’s enhanced flexible funding model.
The Council noted that Plan Managers, in addition to auditing and providing assurance for the participant and Agency, could also play a role in building participant capacity around self-management of plans.
The Council agreed for the paper to be finalised out of session.
Action 7 The Council recommended that the advice on enhancing self-direction and self-management be provided to Marita Walker, Regional Manager for review.
ITEM 9 Support coordination as a tool of capacity building in the NDIS
The Council noted the discussion paper on support coordination as a tool for capacity building in the NDIS. The nature and delivery of support coordination as well as the registration process for providers was discussed.
The Council noted the current requirements for support coordination, including that providers must be registered and cannot undertake any other tasks within a plan. Support coordination must build the capacity of participants to manage the plan and make decisions around new skills.
The Council underscored the need for support coordinators need to have the right skillsets. However, it is important that the requirements are not too restrictive as this could impact on participant outcomes. The council noted that ‘specialist support coordination’ could be adopted for time limited periods where a person has complex circumstances in their lives.
The Council noted that the registered provider clause currently prevents peer workers from providing services and that the requirements for registration need to be simplified as they are currently too onerous. The Council agreed that the current registration process does not cover capacity building effectively.
The Council noted that an evidence base on support coordination and capacity building needs to be further developed. Papers regarding capacity building and support coordination be developed separately but considered by the IAC together.
ITEM 10 Intellectual Disability Reference Group update
The Council noted the update on the Intellectual Disability Reference Group (IDRG).
The Council noted that the advice on support for decision making will be resubmitted at the next meeting of the Board on Wednesday 21 September 2016 now that the further evidence base (and additional literature review) has been included. The Agency is developing a response to the advice papers on capacity building, equitable access, and the Agency’s understanding of intellectual disability.
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Four key issues were identified for the IDRG work plan, these are:
- approaches to information gathering during the access process
- complex behaviours and circumstances
- SDA eligibility and principles; and
- Investigation of ‘too much’ NDIS support undermining independence
The Council noted progress on the paper for equitable access for the homelessness group, noting that it is useful to prioritise IDRG work.
Janet Meagher provided an update on the National Mental Health Reference Group (NMHSRG). The Council noted that the NDIA received a letter from Mental Health Australia calling for the cessation of the transition of Commonwealth mental health programs into the Scheme. The Council agreed this is an example of mental health sector services ‘pushing back’ on person centred funding.
The Council was provided an update on the Culturally and Linguistically Diverse (CALD) Working Group. The Council noted that the last meeting was held at the end of February 2016 and that another meeting had been scheduled for mid-August. Members of the CALD Working Group believe the CALD strategy requires further work.
DAY 2 - THURSDAY 4 AUGUST
The Council agreed that podcasts could be created to raise disability issues and to outline previous IAC advice. The Council requested that this matter be raised with the General Manager of Media, Communications and Engagement.
Action 8 Secretariat to raise with the General Manager, Media Communications and Engagement, the possibility of using podcasts to raise issues and outline previous IAC advice.
ITEM 11 Operational update
The Council noted the Operations update provided by Ian Maynard, Deputy CEO Operations.
The Council noted the context surrounding the ICT and shared services transition from the Department of Social Services (DSS) to the Department of Human Services (DHS).
The Council was briefed on the progressive resolution of issues following the transition, particularly with the provider portal. The Council raised that the lack of communication regarding the portal and systems transitions was a key issue. The CEO Forum, as well as the Council itself, could have been key mechanisms to provide information to the public.
System focus
The Council noted that the system is working as required, with a key feature consisting of a service booking function. The function creates an agreement between a provider and participant and outlines the value and time of the relevant service. The Council noted that the majority of claims are bulk claims which the Agency has made significant progress in processing.
Highlights of system performance
The Council noted the following aspects of system performance:
- 9,000 access decisions made for new participants
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- 4,500 plans in various stages of development
- a small number of plans approved, issues around service bookings require resolution before achieving target of 1,000 plans per week
- $36 million in payments made since 1 July; and
- 96% of requests from self-managing participants are progressing without intervention.
The Council noted that Ian Maynard, Deputy CEO would be travelling to ACT to update providers on the provider portal resolution and provide an apology. It was suggested by the Council that communications should include participants as well as providers.
Risk management processes
The Council queried the risk management process in place for the ICT transition. The Council noted that the design and build of the system included testing functionality, including user acceptance testing and business verification testing. In addition, a business continuity plan was created to include a number of contingencies, which was tested and reviewed by a third party. The business continuity plan was invoked in relation to the payments issue. Tiger teams had been established and resourced before ‘go-live’ to quickly respond to issues and provide detailed analysis.
Call centre statistics
The Council noted that the call centres had received 1078 calls and 578 had been abandoned. The average time to answer a call was between three to four minutes and calls were abandoned on average between 80 to 90 seconds. Council members were generally pleased with the speed of call response based on standard government expectations.
Self-management
The Council noted that from 1 July 2016, new self-managing participants entering the scheme will not be provided an upfront float as it was considered administratively challenging. The Agency recommends that participants who want to self-manage create a separate bank account for Agency funds, as it is difficult to audit if funds are co-mingled, however the Agency is unable to enforce this approach.
Currently, participants are able to request an advance payment when needed, however this would be a low value in comparison to the float and the request process is time consuming for both the participant and the Agency. Further options for advance payments are being explored. The Council noted that requesting an advance payment is heavily administrative and would discourage many participants from self-managing. It was raised that monthly payments or quarterly payments would be a better option, rather than participants having to claim on each individual transaction.
The Council agreed that the paper on enhancing self-direction and self-management needed to address the barriers to self-management including:
- a dedicated bank account
- strong audit processes with consequences for non-compliance (which could consist of an independent auditor), and
- monthly advance payments.
Action 9 The next meeting to include a co-design workshop on self-management with Board members and the Scheme Actuary, to be held in Sydney.
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Action 10 The Council agreed that the advice on enhancing self-direction and self-management would be finalised following the co-design workshop on self-management.
ITEM 12 Bilateral rollout schedule
The Council noted the update to bilateral rollout schedule.
The Council noted that the key issue arising out of bilateral agreements was ‘in-kind’ funding. The Council was provided with a brief overview of the current arrangements and noted that the COAG Disability Reform Council is scheduled to discuss this issue at its meeting on Friday 2 September 2016.
Action 11 The Council to provide advice out of session to the Board on in-kind that includes a time limitation of approximately 3 years.
The Council noted that the accessibility of the document attachments for this item was excellent and requested this feedback be provided to the Scheme Transition Division.
ITEM 13 Prototype of the ILC toolkit presentation
The Council noted the update on the ILC toolkit provided by Kirsten Deane, Director Community Linkages Division and project leads from Social Ventures Australia (SVA).
The Council noted that the toolkit focuses on small and medium organisations and attempts to make the process as equitable as possible. The toolkit incorporates the individual at its centre and contains three sections:
- What is ILC?
- What are the outcomes?
- Applying for ILC grants.
Action 12 The Council recommended that the toolkit use a person first approach and provide guidance on community development. The toolkit needs to express that no longer relying on funded supports is a good outcome.
ITEM 14 Other business, feedback and confirmation of next meeting
No other business was raised.
UNDER THE LINE ITEMS
- The Council noted the current Administrative Appeals Tribunal reviews paper.
- The Council noted the Housing Innovations Working Group update.
The meeting concluded at 1:15 pm on Thursday 4 August.