NDIA Accountability Project

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Agenda: Independent Advisory Council to the NDIS (Meeting 4 of 2022-23, Monday 17th October 2022)

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AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 4 of 2022-23 Date: Monday 17th October 2022

Log-in details: Independent Advisory Council meeting Or call in (audio only) redacted: s22(1)(a)(ii) - irrelevant material

Session Topic Time
SESSION 1: PRINCIPAL MEMBER’S WELCOME & OPEN Principal Member’s welcome 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 Members and Expert Advisers: Reports ‘from the ground’. Highlights from submitted or circulated written reports. 1.30pm-2.15pm
ITEM 2.1 Members and Expert Advisers: Reports ‘from the ground’. Highlights from submitted or circulated written reports.
Break 2.15pm-2.30pm
SESSION 3: CO-DESIGN ADVISORY GROUP FEEDBACK Update on Co-Design Advisory Group activities
Presenter: Leah Van Poppel		 2.30pm-3.00pm
ITEM 3.1 Update on Co-Design Advisory Group activities
Presenter: Leah Van Poppel
SESSION 4: AUSTRALIA’S DISABILITY STRATEGY Briefing on Australia’s Disability Strategy
Presenter: Paul redacted: s47F - personal privacy Branch Manager Australia’s Disability Strategy, Department of Social Services		 3.00pm-3.45pm
ITEM 4.1 Briefing on Australia’s Disability Strategy
Presenter: Paul redacted: s47F - personal privacy Branch Manager Australia’s Disability Strategy, Department of Social Services
Break 3.45pm-4.00pm
SESSION 5: 3P UPDATE Update on the 3P (Participants, Platform and Processes) Initiative
Presenter: Richard redacted: s22(1)(a)(ii) - irrelevant Branch Manager Transition Communication and Engagement.		 4.00pm-4.50pm
ITEM 5.1 Update on the 3P (Participants, Platform and Processes) Initiative
Presenter: Richard redacted: s22(1)(a)(ii) - irrelevant Branch Manager Transition Communication and Engagement.
SESSION 6: MEETING CLOSE Other business 4.50pm-5.00pm
ITEM 6.1 Other business

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ITEM 6.2 Next meeting

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Independent Advisory Council

Minutes of the Independent Advisory Council to the NDIS

Meeting 4 — 17 October 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel Ms Kerry Allan-Zinner Dr Sharon Boyce

Ms Jennifer Cullen Ms Sylvana Mahmic Ms Tricia Malowney OAM Mr James Manders Ms Sam Paior

Ms Liz Reid AM

Dr Leighton Jay

Dr George Taleporos

Expert Adviser Dr Ben Gauntlett, Disability Discrimination Commissioner

NDIA Representatives

Ms Lisa Studdert, Acting Chief Executive Officer Ms Sarah Johnson, Acting Deputy CEO of Design, Digital and Strategy Mr Garth redacted: s22(1)(a)(ii) - irrelevant General Manager, Participant Experience Design Ms Donna redacted: s22(1)(a)(ii) - irrelevant Participant Advocate Ms Kathy redacted: s22(1)(a)(ii) - irrelevant Director Strategic Advice, Policy, Advice and Research Ms Marina redacted: s22(1)(a)(ii) - irrelevant Assistant Director, Independent Advisory Council Mr Matthew redacted: s22(1)(a)(ii) - irrelevant Assistant Director, Strategic Advice Ms Jaklin redacted: s22(1)(a)(ii) - irrelevant Senior Project Officer, Independent Advisory Council Secretariat

Attending

Ms Meredith Allen, NDIA Board Director Mr Paul redacted: s47F - personal privacy Branch Manager Australia’s Disability Strategy Ms Belinda redacted: s22(1)(a)(ii) - irrelevant AM (Council’s Independent Consultant) redacted: s47F - personal privacy

Apologies

Mr Jim Minto, Acting NDIA Board Chairman Mr Gavin Burner, Intellectual Disability Reference Group Member Mr Mark Tonga Dr Sam redacted: s22(1)(a)(ii) - irrelevant General Manager Policy Advice and Research Ms Karen redacted: s22(1)(a)(ii) - irrelevant Group Manager Disability Strategy

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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.

The Principal Member acknowledged the Traditional Custodians and Owners of the lands on which Members, Expert Adviser and attendees were meeting.

The Principal Member noted apologies from Dr Sam redacted: s22(1)(a)(ii) - irrelevant and the Board Chair who were unable to attend the meeting. The Principal Member also advised Council that Board Director Meredith Allen will be joining the meeting today but will be one hour late.

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

  • Out of Session meeting reports from the Secretariate:
    • Participant Employment Strategy Refresh
    • LAC Capability Framework

The Principal Member advised Council

  • Dr Taleporos is the Council representative on the newly established Alternative Dispute Resolution Oversight Group, noting Ms Malowney is also a member of the group in an individual lived experience and advocacy capacity.
  • An expression of interest is out for the National Mental Health Sector Reference Group seeking a Council representative to join the group. This is to create stronger links between the group and Council and enhance communication on common issues. Please reach out to the Secretariat if you are interested.
  • A voluntary in camera session will be held at the end of the meeting for those Members who are interested and can attend. Also noting an additional in camera session is scheduled this Wednesday to discuss outcomes from the Minister session at the previous Council meeting in September.

The Principal Member expressed thanks to Ms Paior and Dr Jay for their work at the Intellectual Disability Reference Group meeting and pre-brief last week. The Principal Member said it was a great meeting, with lots of discussion around the home and living and supported decision making co-design policies.

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.

The following declarations were made by Members;

  • redacted: s47F - personal privacy

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  • redacted: s47F - personal privacy

The Principal Member reminded Members that sometimes Conflict of Interest declarations may not be public when declared and to be mindful of this confidentiality.

Council approved the minutes from the meeting held on 21 September 2022 and noted the matters arising.

1.3. CEO update

The Principal Member, on behalf of Council, acknowledged the hard work of Dr Studdert, who is finishing in her role as Acting CEO. The Principal Member noted Dr Studdert has shown true dedication to the NDIA, and Council has appreciated her commitment and honest engagement over the past few months. The Principal Member advised Ms Rebecca Falkingham will commence tomorrow in the role of CEO, and hopefully will be able to join the next Council meeting in November.

Dr Studdert noted that the Disability Reform Minister’s Meeting is this week and provided Council with an overview of discussion topics.

Dr Studdert advised that the Agency has initiated the Independent Expert Review program, which aims to provide participants with an alternative dispute resolution. She said this is a voluntary program and participants can still proceed with the Administrative Appeals Tribunal (AAT) process. Dr Studdert also noted the establishment of an Oversight Committee for this program to oversee the process.

Dr Studdert said the Agency continues its focus on hospital discharge and the covid response. Dr Studdert also noted the Agency is mobilising their flood response to identify participants at risk.

Members said that throughout the pandemic the Agency has been both proactive and reactive to situations. Members stressed that COVID was not over for everyone and suggested that a lesson learned session between the Agency and Council would be beneficial to prepare for the next wave. Members also suggesting this could assist with future disaster responses.

Members queried whether air purifiers were claimable through an NDIS plan for those participants that need them. Dr Studdert advised she was sure they were, however requested to revert back to the group at the end of the meeting to confirm the details.

Council were pleased the Independent Expert Review program had commenced, noting their interest in hearing further detail about the program including the nature of cases and any themes arising.

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Members thanked Dr Studdert for the comprehensive updates and acknowledged the efforts of Agency staff.

Action 1: Secretariat to organise an OOS meeting of Council and NDIA to discuss lessons learnt in the pandemic response, which could contribute to future disaster response.

Action 2: Secretariat to add alternative dispute resolution process review, including an overview of AAT cases as a future agenda item.

2. Council Reports

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

The Principal Member welcomed Ms redacted: s22(1)(a)(ii) - irrelevant NDIA Participant Advocate to observe the session.

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

  • concerns about the sustainability of small providers, not-for-profit and disabled people’s organisations. Members noting many of these organisations are struggling to secure the appropriate funding needed to run their organisations and compete with large corporate providers.
  • concerns around NDIS participants in hospitals requiring care that is above and beyond what hospital staff can assist with, therefore participants need to use their NDIS supports. Members suggesting the need for a national protocol to ensure consistency of practice.
  • issues with accessibility of retirement villages / aged care homes, noting communal areas are very accessible, whilst individual units are not.
  • ongoing issues around lack of intellectual disability awareness and skills of professionals, including doctors, nurses and mental health professionals and corrections officers. Members noting this can disadvantage people with intellectual disability, especially those with mental health concerns, accessing the right supports.
  • continued concerns around thin markets, workforce shortages and skilled workers within the disability sector.
  • lack of advocacy services within the Northern Territory (NT) is extremely concerning, impacting a participants’ ability to contest their plan at AAT. There have been no new AAT appeals from NT in the last 6 months. Members stressing the importance of raising this issue with the Department of Social Services (DSS) as a matter of urgency.
  • concerns about the high cost and administrative burden of provider registration for small business and participants who self-manage.
  • ongoing issue surrounding the lack of engagement with original stakeholders on the First Nations and Remote / Very Remote strategies, and the potential reputational risk this will cause. Members stressed the importance for the Agency to engage with the original Aboriginal and Torres Strait Islander leaders as soon as possible.

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  • concerns participant plans reduce in value with plan variations, due to prorating. This can impact participants who have banked their plan funding for periods of high support needs, such as school holidays.
  • Employment for people with disability, especially those with intellectual disability. Members raised the importance for the Agency to be an employer of choice in this space.
  • Inadequate access to services in regional areas, impacting local participants getting the support they need.
  • Plan cuts or unexpected funds cancellation.
  • Long delays to receive approvals for home modifications.
  • Concerns around the closure of Western Australian Individualised Services (WAiS) due to funding issues and the systemic issue this raises around the future of capacity building organisations.
  • Agency conducts consultations with different groups (people with disability, providers) separately (for example people with disability separately. Members raising that bringing various stakeholders together at once would be beneficial.

Dr Studdert noted the feedback and themes raised by Members and provided some comments back to the meeting.

Action 3: Agency to reconvene the original Aboriginal and Torres Strait Islander leaders about the First Nations and Remote / Very Remote strategies as soon as possible.

Action 4: Concerns around lack of advocacy services in NT, resulting in zero AAT appeals in NT to be raised with DDS.

3. Co-design Update

3.1. Update on Co-Design Advisory Group activities

The Principal Member noted we would hold over the update on Information Gathering for Access and Planning (IGAP) project from Mr Tonga to the next meeting as he was unable to attend today.

The Principal Member updated Council on out of session discussions around Participant Safeguarding following feedback at the last Council meeting. She then opened the discussion to Members for feedback on the progress of Co-design activities. Members raised the following points:

  • pleased with genuine, open, and honest engagement between Minister Shorten and the Co-design Advisory Group
  • the need for the Agency to have open conversations with people with disability and other key stakeholders such as providers in the same room.

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  • engaging the Co-design Advisory Group in relation to the NDIS review is important.
  • stressed the importance of the inclusion of the voice of women and young people in co- design.
  • Co-design update paper should reflect actual progress of activities. This is not apparent under the Frist Nations Strategy project. Additionally, Members requested a copy of the member list of First Nations Advisory Group mentioned in the paper.

Action 5: Questions on Notice from Ms Cullen:

  • Who are the members of the First Nations Advisory Group, contributing to the First Nations Strategy as mentioned in the Co-design update?
  • Can the Agency clarify what decisions have already been made?

4. Australia’s Disability Strategy

4.1. Briefing on Australia’s Disability Strategy

Mr Hardcastle updated Members on the progress of Australia’s Disability Strategy (Strategy), including the:

  • current consultation to inform the Strategy Guides. Noting the guides are to assist governments, businesses, and the community to ensure policies, programs and services are appropriate and accessible for people with disability.
  • upcoming National Forum

Members provided the following feedback:

  • importance of including people with intellectual disability on the Strategy’s Advisory Council.
  • the need to look at outcomes and support across the ‘life span’ of people with disability, as requirements change over time.
  • improve access to appropriate housing for people with disability.

Members thanked Mr Hardcastle for his update and offered their continued support assistance. Mr Hardcastle suggested feedback from Council on the Strategy Guides would be helpful.

Action 6: Council to redacted: s22(1)(a)(ii) - irrelevant Strategy.

5. 3P update

5.1. Update on 3P (Participants, Platform and Processes) Initiative

Ms Johnson, Mr redacted: s22(1)(a)(ii) - irrelevant and Mr redacted: s22(1)(a)(ii) - irrelevant provided Council with an update on the 3P (Participants, Platform and Processes) initiative. This included an overview of communications and engagement with people with disability, staff, partners, and the disability sector.

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Members also received a demonstration of the new ‘my NDIS’ participant portal. Members feedback included:

  • the ability to incorporate Easy Read translations and imagery into the participant portal would be beneficial.
  • the importance of testing the portal with First Nations people, communities from remote and very remote Australia, and people with intellectual disability.

Members were pleased with the Agency’s progress and looked forward to hearing about the results from the new system testing occurring in Tasmania.

6. Meeting close

6.1. Other Business

The Principal Member provided an update on the timing of Council advice to the Board, noting:

  • Equity in the NDIS — November 2022 or January 2023
  • Voice of Children and Young People — March 2023.
  • Behaviour Supports — April 2023.

6.2. Next Meeting

The next meeting will be 21 November at 1pm (AEDT).

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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Themes from meeting chat

The COVID-19 pandemic changed the way some supports can be delivered, with technology enabling support continuity through telehealth, video conferencing and other technologies.

Delivered by the National Disability Insurance Agency 8

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