FOI 24/25-0546

DOCUMENT 66

OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 5 of 2022-23 Date: Monday 21st November 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 UPDATE	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: ILC	Information, Linkages and Capacity Building Update Presenter: Karen `redacted: s22(1)(a)(ii) - irrelevant material` Group Manager Disability Strategy, and Sarah `redacted: s22(1)(a)(ii) - irrelevant` Branch Manager, Disability Support Branch, Department of Social Services	3.00pm-3.45pm
ITEM 4.1	Information, Linkages and Capacity Building Update Presenter: Karen `redacted: s22(1)(a)(ii) - irrelevant material` Group Manager Disability Strategy, and Sarah `redacted: s22(1)(a)(ii) - irrelevant` Branch Manager, Disability Support Branch, Department of Social Services
	Break	3.45pm-4.00pm
SESSION 5: NDIS REVIEW	Briefing on the NDIS Review Presenter: Prof Bruce Bonyhady AM and Ms Lisa Paul AO PSM, NDIS Review Co-Chair	4.00pm-4.50pm
ITEM 5.1	Briefing on the NDIS Review Presenter: Prof Bruce Bonyhady AM and Ms Lisa Paul AO PSM, NDIS Review Co-Chair

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Session	Topic	Time
SESSION 6: MEETING CLOSE	Other business	4.50pm-5.00pm
ITEM 6.1	Other business
ITEM 6.2	Next meeting

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FOI 24/25-0546 DOCUMENT 67

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Independent Advisory Council to the ndis

Minutes of the Independent Advisory Council to the NDIS

Meeting 5 — 21 November 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel

Ms Kerry Allan-Zinner

Adjunct Associate Professor Jennifer Cullen

Ms Sylvana Mahmic

Ms Tricia Malowney OAM

Mr James Manders

Ms Sam Paior

Dr Leighton Jay

Dr George Taleporos

Mr Mark Tonga

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chair

Ms Estelle Pearson, NDIA Board Director

Ms Rebecca Falkingham, Chief Executive Officer

Ms Sarah Johnson, Deputy Chief Executive Officer Strategy and Service Improvement (10 mins)

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

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

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

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

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

Attending

Professor Bruce Bonyhady AM, NDIS Review Co-Chair

Ms Lisa Paul AO PSM, NDIS Review Co-Chair

Ms Sarah redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Disability Support Branch, Department of Social Services

Mr Tony redacted: s22(1)(a)(ii) - irrelevant material Director, Disability Support Branch, Department of Social Services

Mr Gavin Burner, Intellectual Disability Reference Group Member

Ms Belinda redacted: s22(1)(a)(ii) - irrelevant material AM (Council’s Independent Consultant)

s47F- personal privacy

Observers

s47F- personal privacy Acting Participant Advocate (session 2)

Ms Fiona redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Partner Program (session 4)

Mr James Maclsaac, NDIS Review Secretariat (session 5)

Apologies

Dr Sharon Boyce, Council Member

Ms Liz Reid AM, Council Member

Dr Ben Gauntlett, Disability Discrimination Commissioner

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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.

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 recognised several key events and dates that have occurred over the past month, including:

Diwali/Festival of Lights — 24 October
Remembrance Day — 11 November
Transgender Day of Remembrance — 20 November

The Principal Member noted apologies from Dr Sharon Boyce, Ms Liz Reid, and Dr Ben Gauntlett who were unable to attend the meeting.

The Principal Member welcomed new Chief Executive Officer Ms Rebecca Falkingham and new NDIA Board Chair Mr Kurt Fearnley to the meeting.

The Principal Member acknowledged and thanked outgoing Deputy Chief Executive Officer and Scheme Actuary Ms Sarah Johnson for her contributions as she is departing the NDIA at the end of November.

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

Out of Session meeting reports from the Secretariat:
- Home and Living Demonstration Project Update OOS Meeting
- School Leaver Supports OOS Meeting
- Participant Reference Group
Agency update on 3P initiative

The Principal Member advised Council:

That the NDIA has nearly completed their Response to Council’s Formal Advice ‘Improving Equity in the NDIS’. The Advice and NDIA Response will go to the Board in early 2023.
A voluntary in camera session will be held at the end of the meeting for those Members who are interested and can attend.

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

Council endorsed the 17 October Council Minutes and noted some minor changes:

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A change in language for ‘concerns around hospital staff refusing to give NDIS participants personal care’ to ‘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’
A change in language for ‘lack of advocacy services within the Northern Territory (NT) is concerning’ should be listed as more than concerning.

Council noted the matters arising.

The Principal Member noted that at the 17 October Council Meeting there was discussion about Council providing a submission to DSS’ consultation on the Strategy Guides. Unfortunately, due to the limited capacity of Council’s Independent Consultant and the Secretariat this would not occur by the due date (27 November). Instead, DSS will be invited to present to Council on what they’ve heard and receive Council’s feedback verbally.

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

The following declarations were made by Members;

s47F- personal privacy

Action 1: Secretariat to update to 17 October Council Minutes and circulate the revised document to Dr Boyce, Dr Taleporos and Dr Jay.

Action 2: Secretariat to invite DSS to a future Council Meeting to discuss the Strategy Guides.

1.3. Board Chair and CEO update

Mr Fearnley commended the expertise of Council and noted that it is fundamental to the success of the NDIS. He provided a brief overview of his activities in the first five weeks as Board Chairperson, noting his current priority was to engage with NDIA staff and listen to people with disability to understand the challenges and concerns, aiming to rebuild trust in the Scheme. Mr Fearnley noted that he is looking forward to working with and learning from Council.

Ms Falkingham noted the thorough wisdom Council Members bring to the NDIA and committed to continuing to work closely with Council. Since becoming the NDIA CEO, her priorities have included:

The rollout of PACE, the new NDIA business system, in Tasmania
Hospital discharge
Fraud taskforce
Continuity of supports
Thin markets
NDIA recruitment processes to improve representation of people with disability across NDIA staff.

Members noted:

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A request for a brief report from the Board Chair/ CEO before Council’s meetings on key areas that they are working on, so that members can raise questions at the meeting.

Action 3: Secretariat to discuss with CEO’s office and Board Secretariat on how updates from Ms Falkingham and Mr Fearnley could be provided.

2. Council Reports

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

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

NDIS planning

Concerns that the ‘Would We Fund It — Generators Operational Guideline’ does not take into consideration the reality experienced by people with disability living in regional and remote areas of Australia, where electricity supply is commonly unreliable.
Concerns about the inconsistency in time for decisions. Reports that some decisions take only 3 days, while others can wait up to 12 months for the same request.
Concerns that some participants are receiving 3 year plans, with funding for 12 months. Repairs and maintenance are also not being factored into longer plans.

Providers

Continued reports of issues with provider registration processes, particularly for First Nations providers and in remote locations.
The need to raise awareness amongst participants and their families of the NDIS Quality and safeguards Commission as the main body to report abuse, neglect or unsafe provider practices. Members expressed concern that participants and their families still do not know who to report to.
Reports of the poor condition of some Specialist Disability Accommodation (SDA) housing, with some participants noting the state of some residences as in their opinion unliveable and dangerous, putting participants safety at risk.

Pricing Review

Concern about the NDIS Annual Price Review not including Individualised Living Options (ILO). This risks ILO sustainability, as it does not take into consideration the increases in SCHADS Awards which significantly impact on ILO pricing.
Concerns about Support Coordination rates not being increased in the last 3 years. This reduces the ability of smaller, person-centred, organisations to supply high quality support coordination services.
The importance of the current SDA Pricing Review in shaping the SDA housing market. Members were concerned that if the Review does not promote good practices in the market, it may result in an increase of institutions and participants becoming homeless.

Disability community

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Concerns about the negative way the media portrays participant spending, despite it being in line with NDIS guidelines. Members commended Minister Shorten for his public support for participants.
The need to match the Disability Support Pension to the Aged Pension.
A need for the NDIA to acknowledge and award innovation in providers and participants. This could be achieved via a Conference or dinner hosted by the Independent Advisory Council.
Concerns that participants do not understand how to make an appeal and what the process is.

NDIA Operations

There is a perceived lack of employment opportunities for people with intellectual disability at the NDIA.
The need for the NDIA to be a leader in employing people with intellectual disability.
Reports of ongoing delays with the NDIS call centre and not having enquiries appropriately dealt with.
The need to include information about how people with disability can appeal an access decision in NDIA’s written communications to participants.
Ongoing reports of participants and providers having difficulty finding and keeping skilled disability workers.
Concern that the mention of draft plans has been removed from the Service Improvement Plan.

Government/Mainstream Interface

A need for data sharing between the State/Territory Governments and the Commonwealth Government.
The need to have more discussions with State and Territory Governments about the importance of data sharing arrangements related to NDIS participants in the criminal justice system.
Reports of children with disability living in residential institutions being significantly underrepresented in the NDIS. The NDIA needs to work with state and territory governments to ensure this vulnerable population receive adequate support to access the NDIS.
Reports of nominees using their children’s log ins for myGov, due to the previous lack of guidance from the NDIA. This has resulted in delays in payments, and/or an ability to access supports and services, when the nominee seeks to change the plan management style to include Self-Management.

Remote/very remote

Reports of sharp practices in the Northern Territory by Supported Independent Living (SIL)/ILO/SDA providers.
Concerns about how some large providers and the Guardianship Board are interacting.

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Ms Falkingham and Dr redacted: s22(1)(a)(ii) - irrelevant material noted the feedback and themes raised by Members and provided some comments back to the meeting.

Dr redacted: s22(1)(a)(ii) - irrelevant material noted that a new process has been developed to provide written answers to questions raised in this section of the meeting. Members received their first written report on 8 November 2022. New information will be circulated to members after each Council meeting.

3. Co-design Update

3.1. Update on Co-Design Advisory Group activities

Mr Tonga provided an update on the work of the Information Gathering for Access and Planning (IGAP) Steering Committee.

Members noted:

The importance of prompt and transparent communications about the work of the Steering Committee. In particular about the nature of its work, pace and engagement to date.
The need to have balanced views between health and medical professionals and people with disability and their families.
The importance of co-design in all aspects of the project, including planning, implementation and evaluation.

4. Information, Linkages and Capacity Building

4.1. ILC Update

Ms Sarah redacted: s22(1)(a)(ii) - irrelevant material Branch Manager Disability Support, Department of Social Services, briefed Council on the current work related to ILC including:

Building Employer’s Confidence Grant Round
Development of a Sector Advisory Panel to provide input and advice to DSS.
Extending the funding of over 350 existing ILC grants until June 2024. This ensures continuity of services for some grant recipients who had expressed interest in continuing their programs or services.
Delays in the development of the ILC Strategy. This is due to a need to wait for any recommendations the NDIS review may make in relation to ILC.
Developing a performance framework to better analyse ILC data and evaluate grants outcomes.
Work related to increasing ILC funding in rural and remote areas
Work related to improving the ILC grant application process, to make it more accessible and easier for organisations to apply.

Members feedback included:

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The need to provide some advisory service to assist smaller disability and family organisations with the grant application processes, as some may have good programs but not the capacity to apply.
Questions about the membership and terms of reference of the Sector Advisory Panel.
The need to provide a platform for current grant recipients to connect with each other, to maximise networking and shared learnings.
Some grass roots peak bodies have received grants; however, costs have risen significantly and/or they are not able to fill jobs.
Providers are reporting that the ILC reporting documents are not accessible and are difficult to use.
Ongoing concern about the ILC program sitting outside of the NDIA.
Inconsistent communications with grant recipients, with some being told they are unable to sell products developed as part of a grant, while others are not told this.

Action 4: DSS to address the following questions:

How many new competitive grant rounds have gone out since ILC moved to DSS?
How much funding has gone out in non-competitive grant funding since ILC moved to DSS?
Can you please provide the email on the Social Ventures Australia workshop consultations?

5. NDIS Review

5.1. Briefing on the NDIS Review.

The NDIS Review Co-chairs, Professor Bruce Bonyhady AM and Ms Lisa Paul AO PSM held a closed session with Members.

Action 5: From February 2023, Secretariat to invite the NDIS Review Panel to Council and Reference Group meetings to provide updates.

6. Meeting close

6.1. Other Business

Nil.

6.2. Next Meeting

The next meeting will be 15 December 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 5.15pm.

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Themes from meeting chat

Acknowledgement of Sarah Johnson’s contribution to the NDIS since 2014 and best wishes from members
SDA Pipeline issue
Community support for appointment of new NDIA Board Chairperson and NDIS Review
The role of the Professional Advice Panel

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