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DOCUMENT 87
Minutes of the Independent Advisory Council (IAC) to the NDIS
Meeting #6 - 15 April 2024
1pm, online via MS Teams
Members
Ms Sylvana Mahmic (acting Chair)
Adjunct Associate Professor Jennifer Cullen
Mr James Manders (joined 1.15pm)
Dr Leighton Jay
Dr George Taleporos
Mr Gavin Burner
Dr Sharon Boyce
Ms Tricia Malowney OAM
Ms Sam Paior
Mr Mark Tonga
IAC Independent Consultants
Ms Samantha s22(1)(a)(ii)
Senior Independent Consultant
- irrelevant materia
Ms Lucy s22(1)(a)(ii) Indepen
- irrele
dent Consultant
NDIA Representatives
Ms Rebecca Falkingham, NDIA CEO
Ms Meredith Allan, NDIA Board Member
Dr Peta Seaton, NDIA Board Member
Ms Corri McKenzie, DCEO, Service Design and Improvement
Mr Andrew s22(1)(a)(ii) - ir Deputy Chief Counsel
Ms Alex s22(1)(a)(ii)
Acting Branch Manager, Co-design
- irrelevant materia
Mr Jamie s22(1)(a)(ii)
Dir
- irrelevant mate
ector, Co-design Capability
Mr Mick s22(1)(a)(ii)
Executive Officer to
- irreleva
NDIA Board Chair
IAC Secretariat
Ms Kathy s22(1)(a)(ii)
Director, IAC & Strategic Advice
- irrelevant ma
Ms Sarah s22(1)(a)(ii) - irrelevan Assistant Director
, IAC Secretariat
Ms Lirije s22(1)(a)(ii)
Assist
- irrelevant m
ant Director, IAC Secretariat
Attending
s47F- personal privacy
Apologies
Ms Leah van Poppel, IAC Principal Member
Mr Kurt Fearnley, NDIA Board Chairperson
Ms Rosemary Kayess, Disability Discrimination Commissioner
Ms Prue s22(1)(a)(ii) - irrelevant mate General Manager, Policy Advice & Research
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1. Welcome and Open
1.1. Welcome
Ms Sylvana Mahmic welcomed IAC Members and guests to the online meeting,
noting an apology from IAC Principal Member Leah van Poppel.
NDIA Board Chair Mr Kurt Fearnley was an apology however Executive Officer to
NDIA Board Chair, Mr Mick s22(1)(a)(ii)
o
- irreleva
bserved the meeting. NDIA Board members Ms
Meredith Allan and Dr Peta Seaton represented the Board.
Ms Rosemary Kayess, Disability Discrimination Commissioner, was an apology.
1.2. Declarations of interest
s47F- personal privacy
1.3. Confirmation of minutes and matters arising
The minutes of the February IAC meeting were confirmed by IAC Members.
2. IAC Updates
2.1. Member Reports from the Ground
Members highlighted that some disability services are facing issues that impact
participant outcomes. This includes staffing issues, as well as closure and funding
uncertainty. Some of this funding is part of the Information Linkages and Capacity
Building program.
Concerns were raised about recent media coverage of NDIS provider abuse and
NDIS supports for people in contact with the justice system. Members stressed that
all people with disability should have safeguards and access to the support they
need.
Members said that improved engagement and sharing of accessible information with
the community is important. It would reassure the sector about the NDIS legislative
reforms. Similarly, they noted the need to improve community understanding about
NDIA co-design.
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Planners are reportedly connecting the personal profile of support coordinators with
participants, creating a privacy issue.
There is widespread misuse of the NDIS logo. Clear guidelines about appropriate use
need to be followed to protect vulnerable community members and misinterpretation.
Plans, supports and services for participants may benefit from the use of innovative
and inexpensive artificial intelligence solutions, of which a demonstration was offered.
General delays with planning are contributing to very low morale among participants,
coordinators, NDIA staff and Local Area Coordinators. Members also noted systemic
issues with NDIS supports, especially for home and living and children and young
people.
There is a lack of rural and regional and online information sessions by the
Engagement and Inclusion branch which is holding sessions in Sydney to provide an
overview of the participant journey.
First Nations people in regional New South Wales are reporting there is too much
paperwork involved in accessing the Scheme, and it’s too hard to navigate. There is
also a significant distrust of non-First Nations workers.
Systemic issues and repetitive behaviours need to be considered by the Agency and
the NDIS Commission as part of the NDIS Review recommendations.
There are concerns by Members about the increasing politicisation of disability.
There are reports that unreasonable notice is being provided ahead of critical
meetings like plan reviews and support coordination meetings, either on the day or
only 24 hours in advance. This does not allow time to plan for meetings, gather
information or arrange for key supports to be present.
Members raised the most recent episode of 60 Minutes and the need to work harder
to permanently exclude people from the sector with the wrong values.
s47F- personal privacy
At Department of Social Services (DSS) legislative reform events last week people
were being silenced, with questions in the chat being deleted and no responses
provided.
The expansion of intensive therapy services for young children within the NDIS raises
questions about their efficacy and alignment with child and family needs. The cost of
intensive therapy for little children is escalating to as much as $52,000 per year, per
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child and raises questions about it being good for the child or good for the business
model only. It is also understood that advice from the Early Childhood branch on
intensives has been overturned by the Administrative Appeals Tribunal.
Reports from the ground in NSW and Queensland suggest that families who have
multi-faceted needs are not being supported well by the NDIS and that this pattern is
increasing. These families are making their way to government services, such as
health or community services, who are referring them to not-for-profit early childhood
intervention organisations.
Ms Rebecca Falkingham provided the following comments:
There was acknowledgement of the need for more enforcement in cases of misuse of
the NDIS logo.
The Strategic Direction and Participant Outcomes Committee and some senior
Agency staff are interested in the Artificial Intelligence demonstration offered by Ms
Sam Paior.
Apologies were made for current delays in the system that extend beyond the
introduction of PACE to the changed role of planners and the need for more training
and support as planners move toward face-to-face meetings again. Recruitment for
1,000 roles is underway.
At some check-in meetings, decisions are being made to simply roll over or continue
a plan without the level of consent expected from the participant. Ms Corri McKenzie
has been tasked with improving scripts for planners to ensure plans aren’t just rolled
over and that it is clear the purpose of the call is understood by the participant from
the outset.
Instances of limited notice being provided for critical meetings should be relayed to
the Agency. It is not consistent with the operational guidance around notice periods
for participants.
Participant safeguards, worker exclusions and Working With Children Check
schemes will be raised with Acting NDIS Commissioner Michael Phelan.
The Agency is going to great lengths to explain the proposed legislative changes to
the community and reiterate that nothing has changed – that they are literally
amendments before the Parliament.
Feedback received regarding DSS webinars has been passed on to DSS Secretary
Mr Ray Griggs.
The matter of IAC appointments, particularly for Western Australia and the Northern
Territory, has been raised with Mr Griggs as a matter of urgency and will also be
raised directly with the Minister.
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There is a much stronger desire from the State and Territory Ministers to have more
state and territory representation from the community involved in co-design. The
Agency is awaiting feedback from them on the current co-design framework.
Ms Corri McKenzie provided the following comments:
The Agency had recently become aware of potential privacy issues about support
coordinators and personal details. Ms McKenzie confirmed it is a practice issue with a
technical fix going live in July and that the National Call Centre should be contacted
to make changes.
2.2. Agency response to issues raised by Members
Responses to questions put at previous meetings were included in the meeting
papers.
2.3. Board Chair Update
There was no Board Chair update as Mr Kurt Fearnley was an apology for this
meeting.
2.4. CEO Update
Ms Falkingham provided updates as she responded to Member Reports from the
Ground.
The meeting adjourned for a break at 2.47pm; resumed at 2.57pm.
Ms Malowney did not rejoin the meeting at this time.
3. NDIS Legislative Reform Discussion
3.1. NDIS Amendment (Getting the NDIS Back on Track No1) Bill 2024
Members raised concerns about the:
o new rule-making powers that aim to clarify how access criteria should be applied.
o the legislation’s proposed definition of ‘NDIS support’ (section 10), that will set out
what you can and cannot spend your NDIS funding on.
Ms Malowney rejoined the meeting at 3.18pm.
Members commended the NDIA’s work with the IAC to better explain the legislative
reforms and likely timeframes. They urged the Agency to share more explanatory
information with the public in plain English. They noted that more time should be taken to
include the disability community in how proposed changes to laws may affect them, and
how new rules and processes are developed using true co-design.
Ms Falkingham and Mr
left the meeting at 3.55pm.
s47F- persona
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The meeting adjourned for a break at 3.55pm; resumed at 4.05pm.
4. Co-design: Consultation with the Disability Community
4.1. Co-design principles
Members said it was important to:
o learn from and build on the strong co-design work already done by the Agency
o use co-evaluation as part of co-design
o have more diverse people involved in co-design
o give co-design projects the time they need to be done right.
Mr James Manders left the meeting at 4.22pm; rejoined at 4.31pm
5. IAC Priorities for Advice 2024-25
5.1. NDIS Provider and Worker Registration Submission
Ms Samantha s22(1)(a)(ii) - irrelevant materi IAC Senior Independent Advisor, summarised IAC
feedback so far to inform the IAC’s submission, due 28 April 2024.
Members were encouraged to review the circulated written summary and provide any
further input as soon as possible.
5.2. Draft IAC Workplan 2024-25
Due to time constraints, this item was not discussed however IAC Members were
asked to provide written feedback on the draft Work Plan to the IAC Secretariat.
Board Member Dr Peta Seaton shared that the Strategic Direction and Participant
Outcomes Committee (a sub-Committee of the Board) of which she is Chair, is
liaising closely with the IAC Principal Member on the direction supplied by the
Committee to prevent duplications of effort and ensure best possible inputs from the
IAC and Work Plan linkages.
6. Other Business
6.1. Other business
Ms Meredith Allan congratulated the IAC on its Positive Behaviour Support draft
policy guidelines.
7. Next meeting
The next meeting will be a hybrid meeting from Melbourne on 22 May 2024.
Ms Mahmic closed the meeting at 5.05pm.
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OFFICIAL
5
3.15pm – 3.45pm
Introduction to First Nations Deputy Chief Executive
Ms Janine Mohamed
Officer
6
3.45pm – 3.55pm
Endorsement of IAC Work Plan 2024-25
Ms Leah van Poppel
A. IAC Work Plan 2024-25
7
3.55pm – 4.00pm
Other Business
Ms Leah van Poppel
8 4.00pm
Meeting close
Ms Leah van Poppel
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OFFICIAL
A. Member Reports from the Ground
IAC Members
B. NDIA Board Chair update
Mr Kurt Fearnley
C. CEO update
Ms Rebecca Falkingham
5
3.30pm – 4.00pm
NDIA website and content redevelopment project
Ms Jessica Craven
A. Project overview
Ms Genevieve s22(1)(a)(ii)
- irrelevant materia
4.00pm – Break for 15 minutes
6
4.15pm – 4.50pm
First Nations Update
Ms Janine Mohamed
A. Update from DCEO First Nations
7
4.50pm – 5.00pm
Other Business
Ms Leah van Poppel
A. Letter of thanks to IAC – Justice Statement
B. IAC Justice Statement – May 2024
8 5.00pm
Meeting close
Ms Leah van Poppel
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DOCUMENT 92
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Minutes of the Independent Advisory Council (IAC) to the NDIS
Meeting #2 – 15 August 2024
1.00pm – hosted on MS Teams
Members
Ms Leah van Poppel, IAC Principal Member
Adjunct Associate Professor Jennifer Cullen AM
Mr James Manders
Dr Leighton Jay
Mr Gavin Burner
Ms Sam Paior
Dr Sharon Boyce
Ms Tricia Malowney OAM
Dr George Taleporos
Ms Sylvana Mahmic
IAC Independent Consultants
Ms Samantha s22(1)(a)(ii) - irrelevant mate IAC Senior Independent Consultant
Ms Lucy s22(1)(a)(ii) - irre IAC
Independent Consultant
IAC Expert Advisor
Mr Jeff Smith, CEO DANA
NDIA Representatives
Mr Kurt Fearnley AO, NDIA Board Chairperson
Dr Denis Napthine AO, NDIA Board Member
Dr Peta Seaton AM, NDIA Board Member
Ms Corri McKenzie, DCEO, Service Design and Improvement
Ms Donna s22(1)(a)(ii)
BM, Office o
- irreleva
f the Participant Advocate (item 2)
Ms Genevieve s22(1)(a)(ii) - irrelevant material Director, Digital Delivery (item 5)
Ms Hannah s47F- personal privacy Assistant Director, Foundational Communications (item 5)
Ms Janine Mohamed, DCEO First Nations (item 6)
IAC Secretariat
Ms Kathy s22(1)(a)(ii)
Director, IAC &
- irrelevant m
Strategic Advice
Ms Sarah s22(1)(a)(ii) - irreleva Assistant
Director, IAC Secretariat
Attending
s47F- personal privacy
Mr Mick s47F- personal Executive Office
priva
r to the NDIA Board Chairperson
Apologies
Mr Mark Tonga, IAC Member
Ms Rebecca Falkingham, NDIA CEO
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1. Welcome and Open
1.1. Welcome
The Principal Member Ms Leah van Poppel welcomed members and guests to the
meeting, including Mr Jeff Smith who attended his first meeting as IAC Expert Advisor.
Adjunct Associate Professor Jennifer Cullen acknowledged the traditional custodians of
the lands that attendees gathered on.
Mr Kurt Fearnley, Dr Denis Napthine and Dr Peta Seaton attended as representatives of
the NDIA Board.
Ms van Poppel welcomed Ms Corri McKenzie to the meeting and noted Ms Rebecca
Falkingham’s late apology.
1.2. Confirmation of minutes and matters arising
The minutes of the May IAC meeting were confirmed by IAC Members.
The matters arising were confirmed by IAC Members with the exception of Action 4 which
will remain open.
1.3. Declarations of interest
s47F- personal privacy
Ms van Poppel spoke to related actions from the May IAC meeting:
o Information had been provided to IAC Members about the longevity of interests
declared on the Register
o IAC Members were reminded to complete both columns of the Register,
explaining how the interest relates to the NDIS.
o IAC Updates (Agenda Item 4) preceded Agenda Items 2 and 3 to accommodate
Agency availability.
2. IAC Updates
2.1. Member reports from the ground
Key themes from Member reports:
o Annual Price Guide - increases leading to providers exiting the sector, of
particular concern in regional, rural and remote areas with limited providers.
Providers are moving away from provision of NDIA supports
o Plan reviews and rollovers - check-in phone calls leading to unanticipated
outcomes about plans this is often without opportunity to request a formal plan
review
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o Anxiety about extent of coming change following the Disability Royal Commission
and NDIS Review and proposed legislative changes before Parliament.
Importance of communication being balanced, fair and safe.
o Foundational and educational supports - Queensland is leading the way with
reform yet what the other States and Territories will do is not known.
o Positive feedback on the Co-design work the Agency has done on a new plan
format
o GARMA - important engagement and experience for members of IAC to attend
ACTION 1: IAC to send a letter to NDIA staff who supported Board and IAC at
GARMA Festival
Ms Malowney left the meeting at 1.57pm.
2.2. Agency response to issues raised by Members
Ms McKenzie noted:
o the legislation currently before Parliament to reform the NDIA and outlined the
legislative process should the Bill be passed
o the Agency is addressing concerns about plan continuations and confusion about
communications, scripts and messaging through service design improvements
and resources for planners
o work underway as part of the new planning framework to reduce the backlog of
plan and participant requested reviews
o reports of poor regionally-based experiences of Community Connections plans
o efforts to increase the number of planners to work with people in custodial
settings to do their plans to ensure supports are in place when exiting custody
o the focus on planners becoming more familiar with PACE and the benefits of
more structured note taking
o information and insights provided into boarding homes and hostels in Queensland
about which Ms McKenzie sought permission to share within the Agency.
ACTION 2: Ms McKenzie to provide key Home & Living messaging for IAC
Members to use when responding to queries.
ACTION 3: Ms McKenzie to provide a summary of current legislative changes as
they are accepted by the Lower House.
ACTION 4: Agency to brief the IAC on the Australian Services Union and the
pricing decision.
Ms Malowney returned to the meeting at 2.32pm.
2.3. Board Chair Update
Mr Fearnley provided a short update from the NDIS Board.
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o The anxiety these changes are having on participants as well as the team at the
Agency and within the advocacy sector was acknowledged.
o Mr Fearnley reflected on Board and IAC attendance at the Garma Festival and
will recommend attendance by representatives each year as a means of learning,
leadership and understanding.
o The Quarterly Report to be issued today.
o The Agency to review Participant Service Guarantee via co-design.
2.4. CEO Update
Ms McKenzie provided updates on behalf of the CEO as she responded to Member
reports from the ground.
The meeting adjourned for a break at 2.55pm; resumed at 3.05pm.
3. July IAC and Reference Group Meeting Debrief
3.1. Meeting Debrief
Members provided feedback about their experiences attending, either in person or online,
the inaugural joint meeting of the IAC and its Reference Groups in July. Suggestions
were made to improve potential future large-scale IAC forums.
They agreed the forum delivered positive outcomes and alignment for the IAC and its
Reference Groups.
ACTION 5: Circulate summary of feedback to all IAC Reference Groups.
4. IAC Work Plan 2024-25
4.1. IAC Work Plan
IAC Members shared their views on how to prioritise areas of advisory work, set out in
the 2024-25 Work Plan. They agreed to strengthen overarching governance
arrangements to better link the IAC with its Reference Groups.
Members also highlighted the need for greater awareness about how the IAC and its
Reference Groups interact with the Agency and Board to deliver its strategic advice.
Ms McKenzie shared information about the Delivery Roadmap the Agency is developing
in anticipation of the legislative changes, funding and timeline announcements. The
roadmap includes co-design as well as implementation. The IAC and its Reference
Groups will feature in the roadmap at regular intervals for ongoing engagement.
ACTION 6: Schedule an out of session meeting next week for IAC to discuss
suggested options for prioritisation and operationalisation.
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ACTION 7: Circulate diagram demonstrating how the IAC and its Reference
Groups interact with the Agency and Board regarding advice.
Ms Malowney left the meeting at 3.20pm and returned at 3.30pm.
Mr Smith left the meeting at 3:30pm.
5. NDIA website and content redevelopment project
5.1. Project overview
Due to time constraints, this item was to be rescheduled as an IAC out of session
meeting.
The meeting adjourned for a short break from 4.15pm to 4.20pm.
Mr Smith returned to the meeting at 4:20pm.
6. First Nations Update
6.1. Update from First Nations Deputy Chief Executive Officer
Ms van Poppel welcomed Adjunct Professor Janine Mohamed to provide a briefing on
developments regarding First Nations governance at the Agency.
A proposal to dissolve the First Nations Advisory Council and establish a First Nations
Reference Group to sit under the IAC was discussed.
It is hoped this will address governance and operational issues experienced throughout
the 6 FNAC meetings held over the last 18 months.
An aim of the change is to strengthen the voice of First Nations people with disability and
improve engagement opportunities.
IAC Members expressed unanimous support for the proposed governance changes.
IAC members determined to establish an IAC First Nations Reference Group.
Adjunct Professor Mohamed left the meeting at 4.36pm.
7. Other Business
7.1. Justice Statement
IAC Members noted the letter of thanks from the NDIA Board Chair for its Justice
Statement.
7.2. IAC and Reference Group Induction
A suggestion was made to co-design further induction resources to ensure technology,
IT, engagement, and a suite of materials including videos for accessibility.
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Many of these aspects are being considered by Inclusion Australia which has been
engaged to produce best practice engagement and induction resources for the IAC and
its Reference Groups.
Mr Smith left the meeting at 5.06pm.
8. Meeting Close
The next meeting will be on 11 and 12 September, with a pre-brief on 11 September.
This will be a hybrid meeting in Perth.
Ms van Poppel closed the meeting at 5.09pm.
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