Submission 26 — Disability Advocacy Victoria — NDIS Planning

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Joint Standing Committee on the NDIS

NDIS Planning Inquiry

September 2019

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Disability Advocacy Victoria

Disability Advocacy Victoria (DAV) is the peak body for independent disability advocacy organisations within Victoria. DAV endorses the submissions to the Joint Standing Committee from member agencies Villamanta Legal Service, Rights Information and Advocacy Centre (RIAC) and Leadership Plus. Our recommendations are summarised below.

Recommendations for improving NDIS Planning

a. the experience, expertise and qualifications of planners b. the ability of planners to understand and address complex needs c. the ongoing training and professional development of planners  Employ and develop high quality staff, experienced in disability and skilled in administration, who invest time to consider complex needs.  LAC role to be revised so they are not primarily responsible for the planning meetings, but utilised for gathering evidence, linkages, support to prevent crisis and during times of crisis, implementation.  LACs to have KPIs for timely responses to participants  Improved communication and training between LACs and NDIS. Training to include: o Cultural competency for working with First Australians o Implications of federal court decisions, e.g. McGarrigle o Human Rights obligations o Diversity in disability and the dangers of generalisations and assumptions o Administration skills

d. the overall number of planners relative to the demand for plans  Commit to funding staffing levels that can deliver the Scheme.

 Increase staff numbers  Acknowledge the complexities of the NDIS administrative processes.  Enable NDIA Delegates time to get plans correct initially.  Enable access to NDIA Delegates as to any professional.  Ensure volume of reviews can be addressed in a timely manner.

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e. participant involvement in planning processes and the efficacy of introducing draft plans  Introduce Draft plans.  Co-design plans with participant, LAC and NDIA (Consistent with s4(8) of the NDIS Act 2013)  NDIA Delegate to provide a draft plan  NDIA Delegate to meet participants and LAC to see if participants have questions regarding their draft plan

f. the incidence, severity and impact of plan gaps  Delegate financial authority for minor plan variations to the front line, so clear feedback and instructions can be provided at case conferences.  Increase support from the NDIA Finance Department to support NDIA planners, LACS, Support Coordinators, Participants and anyone else making enquiries.  Improve escalation pathways for finance.  Make timeframe commitments to resolve financial complaints.

g. the reassessment process, including the incidence and impact of funding changes j. the circumstances in which plans could be automatically rolled over k. the circumstances in which longer plans could be introduced  In reassessment, investigate the causes of unspent funds rather than cutting them.  Delete expiry date, lifetime plans take pressure off everyone.  Communicate re funding changes and their implications to participants and their support network to ensure minimal disruption.

h. the review process and means to streamline it i. the incidence of appeals to the AAT and possible measure to reduce the number  Streamline the review process, and thereby reduce number of appeals to AAT.  Cap funding for AAT appeals.  Legislate time frames for reviews.  Build capacity and efficiency of the Early Resolution team.  Introduce regular consultation between NDIA, Advocacy and legal organisations regarding the efficacy of the process  If a support has been deemed reasonable and necessary, and no significant changes have occurred for the participant, the previous decision should hold.

 Streamline all Agency processes so the Scheme is easier to navigate.

l. the adequacy of the planning process for rural and regional participants  Ensure classification of areas is consistent throughout Commonwealth departments Update Transport Guidelines to reflect McGarrigle decision.

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m. Other related matters  Accept liability.

 Fund additional services not currently provided for.

  1. Case management for people with complex needs, or appropriate options
  2. Respite for family carers  Plan realistically for the future.

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