Submission 58 — ACT Government — Transitional arrangements for the NDIS

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JOINT STANDING COMMITTEE

TRANSITIONAL ARRANGEMENTS

FOR THE NDIS

ACT Government submission

ACT GOVERNMENT SUBMISSION

AUGUST 2017

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 1

CONTENT

INTRODUCTION ………………………………………………….. 3

BOUNDARIES AND INTERFACE ISSUES ………………. 5

HEALTH ………………………………………………………………………………………………… 5

EQUIPMENT …………………………………………………………………………………………….. 7

MENTAL HEALTH …………………………………………………………………………………….. 11

SPECIALISED STUDENT TRANSPORT ………………………………………………….. 12

EDUCATION ………………………………………………………………………………………… 14

PERSONAL CARE IN SCHOOLS (PCIS) …………………………………………………. 14

PLANNING ………………………………………………………… 16

MENTAL HEALTH …………………………………………………………………………………. 17

PLANNING DELAYS ……………………………………………………………………………… 18

WORKING WITH COMPLEXITY AND PROVIDER OF LAST RESORT ………… 19

INFORMATION LINKAGES AND CAPACITY BUILDING

………………………………………………………………………… 20

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 2

INTRODUCTION

Since October 2012, the ACT has been preparing for the implementation of the

National Disability Insurance Scheme (NDIS). The ACT was the first jurisdiction

to accept all eligible residents into the Scheme, and this was largely achieved

by the end of the second quarter in 2016-17.

There are many lessons to be learned from the transition of an entire

jurisdiction:

 almost all block funded and government-provided services have been

cashed out;  the market was supported to reform and expand through access to

$12 million of NDIS sector development funding;  people with disabilities were given support and training using those funds

to exercise control and choice in preparing their plans;  more than 500 government staff were successfully supported with

training and redundancy payments to transition into new employment,

many with NDIS providers or in their own NDIS registered businesses;  quality and safeguards for people with disabilities were improved through

ACT legislative changes to accommodate the fact that there were no

longer Government block funded contracts to require national standards

to be met;  clients living in government group homes and their families interviewed

and selected their new service providers and tenancy managers; and

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 3

 Housing ACT transferred management of assets and houses valued at over

$35 million to registered housing providers to support the separation of

support and tenancy management.

During the transition period, the ACT Government never lost sight of the fact

that the implementation of the NDIS will transform the way people living with

disabilities are supported to live their lives in the way they choose.

During this fundamental reform the ACT Government has retained a focus on

supporting not only NDIS participants but the estimated 59,200 Canberrans

with disabilities living in the ACT through the National Disability Strategy and

the ACT’s own implementation plan Involve.

The transition to the NDIS has been a collaborative process, as improving the

lives of people with disabilities is the responsibility of all members of an

inclusive society – families, carers, support workers, employers, community

organisations, non-government organisations, community members and

government.

The ACT Government has shared responsibility with the Commonwealth and

disability service providers, people with disabilities, carers, guardians and

mainstream providers to ensure the ACT was ready to provide a transition to

the NDIS that was as seamless as possible.

The ACT is now well placed to share information and, where possible, data

about its approach to NDIS implementation. The ACT is also well placed to

highlight the systemic challenges that the Government, participants and

providers are currently experiencing. These challenges include unexpected cost

pressures on mainstream services due to the movement in responsibilities

between the NDIS and other services once the final Interface Principles were

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 4

established after the NDIS Trials had started. The full costs of continuity of

support are unknown, but as the whole ACT system has transitioned, ACT

Government is well placed to gather this data and help assess the impact and

cost on the Commonwealth as well as the states and territories.

The ACT Government’s concerns include the potential for cost shifting as

supports such as personal care in schools and special needs transport transition

from in-kind to cash and issues of scope are negotiated; the impact on

participants resulting from the changes in the NDIA planning process; and the

impact of pricing on the disability sector.

The ACT Government is concerned about the potential for further cost shifting

as issues of scope are negotiated, particularly in the health and education

systems, but also across the full range of state and territory services.

In the education sector this would place additional pressure on schools in a

climate where new Commonwealth funding arrangements have created

resourcing uncertainty for schools and there are increasing parent/carer

expectations in relation to the supports provided to their children behind the

school gate.

BOUNDARIES AND INTERFACE ISSUES

HEALTH

ACT Health note that the terms reasonable and necessary supports are

ambiguous, contextual and very loosely, if at all, correlated with evidence

based care and principles of equity. Many groups, for example people from

culturally and linguistically diverse backgrounds and individuals with mental

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 5

illness struggle to articulate what they consider to be reasonable and necessary

needs under a choice and control approach. The process fundamentally favours

those with the greatest health literacy, self-advocacy skills and, possibly,

personal resources. This clearly has implications for public perceptions as to the

overall fairness and financial sustainability of the scheme.

Over time the ACT has experienced a cost pressure associated with the fact

that what is “in scope” for the NDIS has moved. There are also cost pressures

associated with the provision of services recognised to be the remit of the NDIS

however, for a range of reasons, people have not transitioned.

In relation to children, the NDIS environment is complex, involving multiple

agencies. The child may often receive services under NDIS packages and from

community support agencies (as well as Health and Education).

Communication is not always as effective as it needs to be, nor are the

pathways clear.

The providers who take a “key worker” approach may, in some cases, not be

serving the family appropriately. The Community Paediatric and Child Health

Service has experience of children with severe language delay having an

Occupational Therapist visit under the “key worker” model to provide speech

development exercises to the parent – not direct speech therapy to the child.

Children coming to the end of their package at age 7 are often in difficulty

because they are not NDIS-eligible but have ongoing functional difficulties and

need continuing support. These children potentially ‘fall through the gaps’ as

most cannot afford private providers.

There is an acknowledged gap in the area of paediatric rehabilitation for

children whose condition is still stabilising. NDIS will only fund services when

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 6

there is ‘permanent and ongoing disability’ that is stable. Thus children who

may, for example, be post-accident or surgery and who will not have an

ongoing disability cannot access services through NDIS. This gap is currently

being met in the ACT on the basis of an individually brokered response, funded

by ACT Health.

Families of children with disabilities have expressed concern to Healthcare

Access at Schools staff, regarding their interaction with NDIS. Comments have

included: difficulty with using the portal; lack of communication from NDIS; lack

of consideration for access – for example asking carers to attend evening

information sessions even though they are full time carers; lost paperwork

requiring repeat applications; early intervention not occurring due to time

delays or not meeting eligibility criteria; and significant time delays to access

services.

One parent stated that “In the past when my child needed a service we were

referred and able to access without cost. Now, we are waiting for months for

services to deliver care, and we have the added burden of paperwork. NDIS has

meant I can choose the service, but it has made it more complicated and

harder for me as a carer to access the supports for my child.”


EQUIPMENT

Work continues at a national level with respect to assistive technology

including prosthetics and orthotics. ACT Health’s equipment policies have been

modified to reflect the introduction of the NDIS. As with other states and

territories, ACT Health has been asked by the NDIA to develop a ‘Working

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 7

Arrangement for Assistive Technology’. This arrangement is being suggested to

cover the next two to three years and will be a fee for service arrangement.

This is still being negotiated. ACT Health has cashed out their permanent

equipment scheme (ACTES) and transferred ownership of equipment to the

individual. The repairs and maintenance of equipment has remained as an in

kind service.

It is a concern that a national approach for the provision of assistive technology

has not been developed, and the ACT sees this as a systemic issue, given that

up to 50 per cent of NDIS participants require some form of equipment or

assistive technology.

The anticipated decrease in demand for equipment through the ACT

Equipment Scheme (ACTES), which has been cashed out for NDIS purposes, has

occurred. However, ACTES funding for NDIS eligible individuals has fluctuated

during this period for a range of reasons, including: people waiting for their

plans to be approved; plans not including the full suite of supports; and/or

individuals may not have transitioned in yet.

ACT Health continues to fill the gap for clients whose equipment needs should

be met by the NDIA. As a result of concerns relating to the planning, combined

with extended delays in the approval process for assistive technology and

equipment supports in NDIS plans, there is some cost shifting to ACT Health.

Frontline staff have suggested people are seeking support from NGO’S to fill

the gap while they wait for their plans to be approved. There are examples

where equipment is either provided as an ‘extended’ loan from the short-term

Equipment Loan Scheme (ELS) and/or is purchased outright. ELS support is not

specific to NDIS clients. However, due to the extended period of assessment

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 8

and approval, a number of NDIS participants have required access to ELS

equipment beyond the ELS maximum three-month loan period. This has

resulted in AT resources not being available when required and some increased

administrative burden associated with the extension of the loan periods while

clients wait for their NDIS funded equipment.

There have been limited savings due to ACTES being cashed out, due to the

requirement to supply items not provided by NDIS (such as compression

garments), custom footwear and items for people over 65). There is also

substantial work to progress the working arrangement established at the

request of the NDIA, as referred to previously.

During the early phases of the trial ACT Health offered, and on occasions this

was accepted, education and training for NDIA assessors. This training was

provided at no cost to the NDIA. ACT Health has also met $150,000 per annum

staff costs from the period March 2014 to December 2016 to assist with the

transition.

NDIS participants needing equipment are often already clients of the health

system and well known in the system. ACT Health is working with the NDIA to

provide a quality, seamless service. With prostheses for example, ACT Health is

responsible for the provision of the interim device while the NDIA is

responsible for the definitive prosthesis, and any subsequent replacements.

While the replacement of prosthesis should be anticipated and straightforward,

participants are reporting delays and/or mistakes associated with the

replacement of such devices.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 9

If the cost of an assistive technology item is identified as being above

benchmark then it needs to be forwarded to the NDIA Technical Advisory Team

(TAT) for consideration. ACT Health views the benchmarks as quite low for

many items that are already supplied to clients by Health.

So far the NDIA has been unable to provide, in advance, the benchmark

amounts for assistive technology for each client. Lack of information has

become a challenge for Health’s in-kind providers, who spend considerable

time and effort clarifying the cost of services. Even when ACT Health has

provided advice in advance of expected client needs before planning occurs,

the information appears not to be reflected in prices on a client plan.

Additionally, items which are referred to the TAT for approval or review can

result in extensive delays for a decision. There are examples where an

urgent review was required and has taken over four and a half months for fairly

straightforward equipment. The NDIA does not fund supports until they are

included in approved plans. When individuals are at risk, ACT Health has

chosen to fund the supports - these impacts have not yet been costed.

In relation to equipment, it should be noted that the non-government sector is

also facing challenges. Existing small organisations are facing significant

administrative costs in getting invoices approved and paid. This burden is

magnified for equipment because each item is provided on a one-off basis,

rather than being part of an ongoing relationship with a participant.

ACT Health Divisions of Women, Youth and Children, and Rehabilitation, Aged

and Community Care (RACC) are continuing to fund supports for individuals

(including children) who are eligible for in-scope services but where the time

they would need to wait for support creates a clinical risk to their well-being

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 10

and/or would result in their condition deteriorating significantly. ACT Health

has also had to fund services for non-eligible children who may have accessed

support from Therapy ACT prior to the transition to the NDIS.

There have been a number of patients aged under 65 in Canberra Hospital who

have extended lengths of stay and complex needs who are dependent upon

support from the NDIS to be discharged into the community. The NDIA has

made it clear they will not provide 24 hours’ support. For the small number of

people who require 24-hour support, identifying and securing suitable and

appropriate accommodation is incredibly challenging. ACT Health has

supported these individuals to access the NDIS.

MENTAL HEALTH

The ACT’s experience is that successful engagement of people with

psychosocial disability depends upon strong clinical engagement and advocacy

from the clinician who is working with the client. This engagement includes

clients who may be subject to Mental Health Orders who are unwilling to

engage or those unable to engage meaningfully in terms of making an

application to NDIS.

As a result of client difficulty engaging with the NDIS, support that should be

provided by the NDIS package is being cost shifted to ACT funded and provided

services, such as Mental Health, Justice Health and Alcohol and Drug Services

Recovery Support Officers (for example, transport to appointments, assistance

with activities of daily living such as shopping, cleaning, etc). ACT Health has

also provided approximately $500,000 to community organisations during the

NDIS transition to support eligible mental health consumers whose transition

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 11

to the NDIS was delayed.

A specific gap that has emerged in NDIS supports is support for people with

forensic disability where their behaviour manifests as a public safety issue. The

NDIA has been insistent and consistent that support to address public safety is

the responsibility of mainstream services. It is estimated this will cost the ACT a

minimum of $250,000 to $300,000 per case. This includes costs required to

manage individuals on Community Care and Forensic Community Orders, their

support package, remuneration for a delegate, as well as administrative and

quality/regulation requirements. The ACT Government did not anticipate it

would be required to meet such costs, given that they relate directly to the

participant’s ability to live in the community and, in our view, do not fall into

the category of reasonable adjustment to a mainstream service.

ACT Health Mental Health Services believe definitional clarification is required

for certain supports not currently identified as separate billable items under

the NDIS. For example, medication ‘prompting’ (as opposed to medication

dispensing or administration) for people with psychosocial disability is currently

not a billable item. Medication prompting could, however, be considered as a

critical service for such people with forensic disability to maintain their

independence and participate in the community and in employment.

SPECIALISED STUDENT TRANSPORT

The ACT experience working with the NDIA to address the issue of scope for

Specialised Student Transport demonstrates the difficulty of operationalising

the concept of reasonable and necessary.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 12

There is a clear tension between the intent for the reasonable and necessary

concept to be malleable and provide flexibility to exercise choice and control,

and the need for greater clarity in guiding planners on determining whether a

support is reasonable and necessary to achieve fairness and consistency in

decision-making.

The lack of clarity about what is reasonable and necessary in the context of

specialised student transport is a potential barrier to transition of responsibility

for specialised student transport from in-kind provision by states and territories

to cashed out arrangements under the NDIS.

This is due to the lack of consistency of existing program eligibility across states

and territories and differing perspectives on what is reasonable and necessary

for the NDIS to fund.

If the NDIA seek to limit scope of funding for student transport by restricting

eligibility there could be a service gap for students already receiving specialised

transport and/or a cost shift to states and territories.

Transport services are required to make capital investment in fleet and other

infrastructure such as communication systems. Therefore industry will be

seeking longer term contractual arrangements and/or consideration for capital

expenditure (such as the user cost of capital in the housing context) to ensure

that are appropriate transport services are available in order for clients to

exercise choice and control. A transport sub-working group of the COAG Senior

Officials’ Working Group, including representation from all states and

territories and the NDIA, is currently grappling with the issue.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 13

The NDIA has developed an approach to what is reasonable and necessary, for

consultation with the sub-working group, based on the considerations outlined

in the NDIS Act s.34(1).

States and territories are likely to have differing views of what is reasonable

and necessary in transport and this could impact on the feasibility of cash out.

The absence of clear and publicly available guidelines on what is reasonable

and necessary creates uncertainty for students and their families and can

impact on their school enrolment decisions. It also creates uncertainty for

transport providers who need to plan their service offer (transport routes)

around knowledge of which students will be approved for transport funding.

When states and territories bundle contracts and/or service delivery

arrangements for special needs transport with other demand responsive

transport services in order to achieve market viability and cost efficiencies, it is

imperative to consider the definition of what is reasonable and necessary.

EDUCATION

PERSONAL CARE IN SCHOOLS (PCIS)

There are still issues to be resolved at a national level in relation to the scope of

the NDIS funding responsibility for PCIS, and how this responsibility will be

operationalised in terms of assessment, funding and service delivery

arrangements.

The Applied Principles specify the NDIS is responsible for funding PCIS

‘additional to reasonable adjustment’ obligations under the Disability

Discrimination Act 1992. A key challenge arises in determining NDIS

responsibility to fund PCIS supports in the school system where all personal

care supports have traditionally been deemed as ‘reasonable adjustments’.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 14

The meaning of ‘reasonable adjustment’ and its application to personal care in

the context of the NDIS has not been definitively clarified in case law.

The Applied Principles note that further work must be undertaken on how a

student’s personal care needs will be assessed, calculation of the level of

funded supports for personal care, and how these funds will be

managed/administered; this work is currently being undertaken by the

Victorian Department of Education.

Key issues for consideration include:  how to measure and cost the provision of PCIS;  whether it is viable for PCIS to be delivered through individualised NDIS

funding packages; and  how might NDIS funding of PCIS impact on school operations – will

there be an expectation for families to exercise choice and control over

who provides PCIS for their child? Will this mean external providers

delivering PCIS? How does this affect a school’s legal responsibility for

duty of care for students?

In the absence of clarity around the scope of PCIS in the Applied Principles, the

ACT’s in-kind contribution for PCIS has been costed on the basis of all levels of

personal care being included within scope (from low levels of PCIS through to

very high levels of PCIS).

Any change to the Applied Principles that restricts the NDIS funding

responsibility for PCIS will result in a cost shift from the Commonwealth to the

ACT.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 15

PLANNING

While there are many stories of participants and families who have found great

support through the NDIS, there are also a significant proportion of participants

and families who don’t know how to activate plans, especially as they have to

find providers themselves. Families who are either used to being “in the

system” or have never accessed support before may have an expectation that

the NDIA will do this for them, or at least make recommendations.

The ACT Government has been informed that the level of information given to

participants by the NDIA continues to be a problem. Examples continue of

participants not being aware their plans have been approved and have been

ready to be used for weeks, at times even months.

During the ACT trial, disability providers and the ACT Government were active

in supporting participants to enter the scheme. They brought with them an

extensive understanding of participant needs and were able to support and

facilitate good planning outcomes. Support was particularly evident in people

with psychosocial disability where providers were able to supplement the lack

of NDIA planner knowledge of this disability. With the introduction of the first

plan process this became less evident and participant outcomes were

negatively impacted. The ACT is pleased that the NDIA has now acknowledged

the flaws in the first plan process and is seeking to improve participant

pathways.

Mainstream services note that frequently, in the administration of a plan,

adjustments may need to be made. As establishing and reviewing plans by

phone has been the most common method over recent months, assurance is

required that people with limited English proficiency will have access to free

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 16

accredited interpreter services at least for the planning phase (noting that the

NDIS may provide funds within a plan under the ‘consumables’ category for

interpreting and translation services).

There are frequent instances where a plan has been mislaid within the process,

causing further delays. Consideration could be given to expanding online

services to include the planning process.

Clients have difficulty engaging with NDIS. These difficulties include:  extended delays in approval of Assistive Technology and equipment;  delays in plans approval, as well as additional administrative burden for

providers spent clarifying services/plans;  payment delays faced by the non government sector;  lengthy wait times on phones and failure to return calls; and  providers not being told that plan review had been undertaken.

MENTAL HEALTH

The episodic nature of mental illness means that plans often need to be

modified quite rapidly to support someone who is becoming unwell, but

instead the process can take several months. At the same time, NDIS plan

reviews for mental health clients have been conducted over the phone by NDIA

ringing the consumer without the knowledge of the person’s support

co-ordinator (this has occurred for residents of Brian Hennessy Rehabilitation

Centre, for example). Not involving the support co-ordinator runs the risk of

inadequate supports being included in the new plan and discharge staff having

to submit a request for a new review. Health is also aware that some plans

have been ‘auto-renewed’ removing any possibility of the participant changing

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 17

the goals articulated in their plan, and this is of concern if there has been a

change in function.

In mental health inpatient units, it is very challenging to obtain visibility of the

plans, and therefore to link or craft them with a view to discharge. It is also

unclear what supports are considered clinical, and what can be in a plan. For

example, despite general agreement at the ACT Operational Working Group

that it should fall under NDIS service provision, Mental Health ACT has

struggled to get ‘medication prompting’ for patients into a plan, as opposed to

medication administration and prescription, which are clearly clinical functions.

PLANNING DELAYS

The time it takes to get an NDIS plan from the time of application lodgement

(generally four to six months) is of concern. Almost all areas of ACT Health are

reporting considerable delays with assessment processes that impact on length

of stay in or support by mainstream health services, particularly inpatient

services.

Mainstream services are having difficulty escalating these concerns within the

NDIA. Agencies report it seems as if the NDIA is overwhelmed with the need to

transition people into the scheme across the country and NDIA resources in the

ACT have suffered as a result.

The NDIA is currently unable to identify time frames between clients being

found eligible, for planning to commence, and when a plan will be in place. The

only timeframe identified is related to the determination of eligibility. There

continue to be long wait times for children with disabilities to be assessed as

eligible, have a plan developed and then implemented. During this process

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 18

eligible children have no access to NDIS funded disability services. The NDIA has

insistently and consistently stated that unless the plan is approved, it is the

responsibility of ACT Health to provide such a service while people are on the

waitlist. Health estimates additional costs of approximately $2000 per child

with children generally having access to six sessions of support while they wait.

PLAN REVIEWS

The ACT Government was approached by a number of participants whose plans

are being cut. In some occasions plans are being cut by up to 80%. The ACT has

also been informed that participants are unwilling to ask for a plan review as

they are concerned their plans will be cut.

WORKING WITH COMPLEXITY AND PROVIDER OF LAST RESORT

It has become increasingly apparent that a number of clients who have

extensive needs or whose lives touch multiple areas of the service system are

not getting the outcomes the scheme was meant to deliver. Concerns have

been expressed by both disability providers and the mainstream system that

“cherry picking” is occurring and that participant plans are not sufficient to

meet needs.

The NDIA approach to working with these clients has been on an individual by

individual basis and there has been no consistent systemic approach.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 19

INFORMATION LINKAGES AND CAPACITY

BUILDING

ACT Government funding for Information Linkages and Capacity Building ( ILC)

ceased on 1 July 2016 as it transitioned to the NDIS. Because the NDIA had not

completed the ILC commissioning framework and was therefore unable to

implement the ILC in time for the end of ACT responsibility, $1.3 million was

provided by the Commonwealth in 2016-17 for transitional grants to

organisations that had previously been funded by ACT Government to deliver

ILC type services.

Initially, 14 organisations were assessed as eligible for ILC transitional funding.

Two of these organisations were funded at 50 % of their original contract and

the remainder at 100 %. Subsequently, an additional organisation was funded

for transitional support at a later date, while one organisation transferred its

funding to another organisation.

The NDIA’s ILC Grant application round opened on 24 January 2017 and

applications closed on 8 March 2017. As the ILC grant round happened later in

the year than originally intended the ACT Government negotiated a two month

extension to organisations’ transitional funding from the Commonwealth. The

extension, until 31 August 2017, provided certainty and stability while the

outcome of the ILC grants was finalised.

The NDIA notified all applicants of the outcome of its ILC Commissioning

process after close of business on Thursday 20 April 2017. Unfortunately a

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 20

small number of organisations were not successful in their application for ILC

grants.

The ACT Government negotiated a further six months funding for four of those

providers who were not successful. The NDIA agreed to this further assistance

on the basis:

 that the activities the four organisations deliver align with ILC and have

the potential to contribute to ILC in future; and/or  there is a risk to their viability and a flow-on risk that valuable sector

capacity could be lost.

The ACT Government is committed to ensuring organisations impacted by ILC

were supported during this difficult period and made available some small

grants via the Commonwealth Government sector development fund that

impacted ILC organisations were able to apply for. These grants are available to

help organisations with non recurrent costs associated with continuing,

adjusting or winding up programs. These costs may be equipment, including

information communication technology; marketing and communication

material, for example rebranding; or costs associated with engaging financial or

legal advice.

The ACT Council on Social Services (ACTCOSS) recently released Choice and

Control: Strengthening human rights, power and inclusion for people with

disability, which identifies a number of concerns regarding the way ILC is

currently being implemented in the ACT. ACTCOSS is concerned about the

current resourcing for ILC, especially in the context of the majority of ILC

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 21

funding sitting with the LAC provider. ACTCOSS is also concerned that the focus

of the LAC provider has shifted to planning targets, thus limiting their ability to

undertake ILC work. There are also concerns about the framing of ILC funding

as project funding, and the implications this may have for organisational

sustainability and their ability to plan for the future.

As ILC develops there is a potential loss of social capital developed by those

organisations which will not have access to NDIS funding, via either individual

funding packages (IFPs) or ILC funding, but which provide services and

connections of value to people with disability and the community as whole.

Many providers expressed concerns regarding the bureaucratic impost of the

ILC grant program, including the onerous administrative burden, the process

delays and allocation of only one year agreements to successful providers.

Whilst the Commonwealth investment of $2.9 million into ILC brings a new mix

of programs that build capacity of people with disability across the board,

further work is required to develop the ILC “market “to ensure that the aims of

ILC policy can be realised.

The ACT Government is working closely with the ILC team in the NDIA however

feels that this area has been neglected in the push for transition and would be

happy to work with the NDIA to develop this approach.

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 22

ACT Community Services Directorate

August 2017

Directorate, Office for Disability on 02 6207 1444 or officefordisability@act.gov.au. 23