NDIA Accountability Project

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Independent Advisory Council to the NDIS Meeting 6 of 2022-23, Thursday 15 December 2022

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OFFICIAL

AGENDA

INDEPENDENT ADVISORY COUNCIL TO THE NDIS

Meeting 6 of 2022-23 Date: Thursday 15 December 2022 Log-in details: Independent Advisory Council meeting

Or call in (audio only) redacted: s22(1)(a)(ii) - irrelevant material

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-2.15pm
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: COUNCIL’S ADVICE 2.30pm-3.20pm
ITEM 3.1 Operationalising intersectionality
ITEM 3.2 Voices of children and young people
Presenter: Belinda redacted: s22(1)(a)(ii) - irrelevant material
SESSION 4: CO-DESIGN UPDATE 3.20pm-3.50pm
ITEM 4.1 Update on Co-Design Advisory Group activities
Presenter: Leah Van Poppel
Break 3.50pm-4.05pm
SESSION 5: COMPLEX NEEDS 4.05pm-4.50pm
ITEM 5.1 YPIRAC and Hospital Discharge
NDIA Representative: Chris redacted: s22(1)(a)(ii) - irrelevant material Branch Manager YPIRAC and Hospital Discharge

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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 to the ndis

Minutes of the Independent Advisory Council to the NDIS

Meeting 6 — 15 December 2022 1.00pm to 5.00pm, hosted on MS Teams

Members

Ms Leah Van Poppel

Ms Kerry Allan

Dr Sharon Boyce

Adjunct Associate Professor 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

NDIA Representatives

Mr Kurt Fearnley, NDIA Board Chair

Ms Rebecca Falkingham, Chief Executive Officer

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

Ms Chris redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, YPIRAC Hospital Discharge Interface

Mr Matt redacted: s22(1)(a)(ii) - irrelevant material Branch Manager, Mainstream Interface & Royal Commissions

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

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

Attending

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

Ms Linda redacted: s22(1)(a)(ii) - irrelevant material Assistant Director, Office of the Participant Advocate (Session 2)

Mr Alan Blackwood, Council Independent Consultant (Session 3)

Apologies

Ms Sandra Birkensleigh, NDIA Board Director

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 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 16 Days of Activism against Gender-Based Violence — 25 November to 10 December.

  • International Human Rights Day — 10 December.

  • International Day of People with Disability - 3 December.

The Principal Member noted:

  • Ms Reid would be 30 minutes late

  • Mr Fearnley, Board Chair, would arrive late due to an existing commitment.

  • Ms Falkingham, CEO, would only be able to join part of the meeting due to Senate Estimates commitments.

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

  • Out of Session meeting reports from the Council’s Independent Consultant and the Secretariat:

    • Early Childhood Supports - Capacity Building OG

    • Hospital Supports

    • Behaviour Supports OG

    • Home and Living Demonstration Projects Round 2

    • Participant Safeguarding

    • NDIS Quality and Safeguards Commission

  • Member’s Report — Participant Reference Group

  • Agency update on 3P initiative

The Principal Member opened discussion around the meeting with NDIS Quality and Safeguards Commission (the Commission). Members noted:

  • concerns around children and young people, particularly those under six, and the need for registered providers.

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  • concerns with the lack of visibility of the Commission in the disability community. This includes information about the Commission’s role in helping participants and referral processes for participants. There is also misinformation in the community about the Commission’s role in cuts to personal care supports.

  • The NDIS Workforce Capability Framework is an important resource. It may help participants learn about the skills and knowledge expected of workers funded under the NDIS.

The Principal Member noted Member concerns, asked Dr Taleporos to provide a report of the meeting, and requested a follow up discussion be arranged with the Commission in the new year.

Action 1: Dr Taleporos to provide a written report about the meeting with the Commission.

Action 2: Secretariat to arrange a follow-up discussion between Council and the Commission early in 2023.

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

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

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

s47F- personal privacy

1.3. Board Chair and CEO update

Mr Fearnley restated the expertise and value Council adds to the NDIS, reiterating its importance and his view of Council as a priority.

Mr Fearnley provided an overview of his recent activity including:

  • Initial meeting with the NDIS Review panel, and the taskforce that underpins it — to build the relationship

  • The last Board meeting of the year was held in November.

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  • Disability Reform Minister’s Meeting — discussion on the NDIS Review and progress to date

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:

  • Administration Appeals Tribunal — commending the work of Graeme Innes and the Independent Expert Review team for reduction in AAT cases

  • The rollout of PACE, the new NDIA business system, in Tasmania

  • Establishment of the Fraud taskforce, and achievements to date across Fraud

  • Pilots for Thin markets

  • NDIA recruitment processes to improve representation of people with disability across NDIA staff.

Members raised:

  • the need to focus on those groups that are most marginalised, when looking at fraud, including those from cultural and linguistic diverse (CALD) backgrounds and women with disability.

  • the importance of employment for people with disability. Members suggesting the Agency should be the leader in employment of people with disability, particularly those with intellectual disability.

  • importance of people with disability requiring employment supports at various stages in their life, not only in their younger years. Members highlighting Aboriginal and Torres Strait Islander communities do this very well.

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:

  • Positive feedback from the disability community about Council’s Work Plan for 2022-23.

  • Positive feedback from on the work undertaken to improve hospital discharge processes.

  • Positive feedback on how NDIA State Managers have responded to issues raised by Council members

  • The importance of Council engagement with the NDIA’s First Nations Advisory Group, which is currently being set up.

  • Organisations and government agencies that give jobs to people with disability must be more inclusive. Especially around plain English and Easy Read.

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  • Challenges with support workers, including the lack of training for support workers to properly support people with disability who experience psychosocial disability/mental health issues.

  • Challenges with local area coordinators, including lack of training or expertise to properly support people with disability.

  • Difficulties for parents of children with disability accessing accessible playgrounds in some jurisdictions, due to locked gates for fear of vandalism. Members stressing the need for local councils to be aware of the logistical challenges faced by parents to get children to accessible playgrounds.

  • Concerns around inconsistent practice when transitioning six year old children to the next stage of the Scheme.

  • Concern around the costs associated with diagnostic services for children with disability, who need evidence to enter the NDIS. Members noting sharp practice is happening in this area.

  • Concerns around the way in which the Agency exits children from the NDIS, noting this is often without warning. Members suggesting a step-down approach to transition therapy and supports would be beneficial.

  • Ongoing concern for those participants who face plan reductions.

  • Concern that three-year plans do not fund the whole three-year period. For example, only one year of speech therapy in a three-year plan.

  • Concerns that self-managed participants are moved to Plan, or Agency managed following a plan review without notification or reason. Members offering to provide the Agency with examples.

  • Concerns around provider behaviour, where some providers submit many invoices with the same services on the same dates.

  • Positive outcomes around a proactive community-based approach to planning in parts of the Northern Territory.

  • Issues with a surge of private investors in Darwin and the Northern Territory looking to establish specialist disability accommodation (SDA) that replicates aged care settings and does not give participants choice and control about where they live.

  • Some SDA currently under construction in areas that people with disability do not want to live. Members raising the importance of builders consulting with the disability community before they start SDA constructions.

  • An interest in understanding the number of COVID-related deaths of NDIS participants.

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

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