National Disability Insurance Agency
Response to the Joint Standing Committee on the NDIS
Progress report on the implementation and administration of the National
Disability Insurance Scheme.
The National Disability Insurance Agency welcomes the Progress report on the
implementation and administration of the National Disability Insurance Scheme by
the Joint Standing Committee on the National Disability Insurance Scheme.
The Agency appreciates the important work of the JSC in gathering information and
reporting on how the Scheme is working in a practical sense for participants, their
families and carers, along with providers and other stakeholders.
The JSC Report highlights the early successes of the Scheme, outlines its enormous
potential as an agent of positive change and refers to the significant challenges
ahead which need to be managed in order to implement the Scheme in full.
The JSC Report also identifies a number of areas where communication,
implementation and delivery arrangements need to improve in order to deliver the
Scheme more fairly, effectively and efficiently. The Agency supports these
recommendations, many of which align with priorities already identified and being
acted on within the organisation.
The Agency is committed to building an organisation that is capable of learning as it
grows. Early in 2014 the NDIS Board approved a formal process for continuous
improvement and learning within the Agency. The continuous learning and
improvement process identifies potential changes, prioritises them based on
expected benefits and costs and seeks external advice from experts where it is
needed. The process also engages with stakeholders and integrates the lessons
learned back into the development of the Agency, our insurance model and
governance arrangements.
The JSC Report is an important element of this learning and improvement process.
The Report will help ensure that the Agency remains well placed to actively manage
the Scheme’s performance and costs, and to build the essential infrastructure,
linkages and processes required to ensure the Scheme’s sustainability. Most
importantly, it will assist to ensure that we continue to keep people with disability at
the centre of the Scheme.
The Agency has been working to collect robust qualitative and quantitative data on
how the Scheme is performing. This will complement the JSC Report and other
formal review processes. In addition, the Scheme Actuary has been working with the
Agency to monitor and ensure the Scheme’s financial sustainability. The Agency has
put in place a number of internal improvements to harness the experiences people
with disability, their families and carers. Collectively, this information will inform the
ongoing development and expansion of the Scheme.
A key challenge for the Agency will be to carefully prioritise the many operational and
design issues that have been have identified and manage these effectively as we roll
out the full Scheme in the years ahead.
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NDIA response to recommendations
Recommendation 1
The committee is concerned about the number of NDIS plans that appear not to have
been activated and recommends that independent work be undertaken to establish
the veracity of the evidence that plans have not been activated and what the causes
and consequences this may have on the Scheme.
The Agency accepts this recommendation.
The Agency will commence an independent review into these claims and build any
necessary improvements resulting from the review into future work plans.
The only action required for the Agency to consider a plan activated is for a
participant to provide their chosen provider with their name, date of birth and
individual NDIS number. Providers then link to the participant’s record in the system
through the NDIA’s Provider Portal. This action creates a provider case record and is
the point at which the participant’s plan is considered activated. The Agency can then
view provider case details, including the date the provider linked to the participant, for
funded supports in the plan.
Although the NDIA collects data on when a participant and provider link based on
Provider Portal action, it is acknowledged that the most reliable data collected by the
Agency on plan activation is through claiming. NDIS actuarial data collates quarterly
reports on activation based on the percentage of plans that have had claims. The
Agency understands that the reliability of these results can be impacted by other
matters such as in-kind arrangements and provider claiming delays.
No data has been collected by the NDIA that would indicate plans have not been
activated due to lack of services. However, a Service Gap Register has been adopted
by the South Australian and Northern Territory trial sites to assist with the
identification of services which may not be available to participants in remote
locations.
The Agency has a number of plan implementation strategies and local trial site
procedures designed to assist in plan activation. These include comprehensive plan
reviews, regular “follow-up” activity and providing participants with monthly plan
statements to track plan spending and claims.
The Agency has developed a number of resources to assist both participants and
providers to activate plans and engage support services. The Agency offers
participants and their carers the support of Local Area Coordinators (LACs) who can
discuss available mainstream and community supports as well as assisting
participants in the development of agreements with their chosen providers. Where
required, LACs can also facilitate regular communication with both the provider and
participant to ensure smooth plan implementation.
For those who require additional support, the services of a Plan Management
Provider may also be engaged to assist with choosing and engaging an appropriate
service provider, manage support services and where applicable, provide assistance
and guidance with the self-management of funds. The fee for the Plan Management
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supports is written into the plan and so does not affect the quantum of the other
funded supports.
The NDIA proactively manages plan progress. As plans are monitored and reviewed,
the NDIA can initiate discussions with participants where there may be non-activation
of support items. Failure to activate a support item does not preclude it from being
available in a participant’s subsequent plan but could lead to more assistance being
provided to the participant in the engagement of a provider, or in choosing an
alternative provider.
The Agency will continue to closely monitor plan activations and to consider changes
in processes that may contribute to better planning practices and collection of any
service gaps or issues.
Timeframe for action: Review to be completed by end December 2014
Recommendation 2
The committee heard evidence that 'gaps in service' have been identified in each of
the trial sites. The committee recommends that further work be undertaken by the
Independent Advisory Council which is well-placed to identify and inform the Agency
about where there are gaps in service and possible options for addressing these
shortfalls.
The Agency accepts this recommendation.
The NDIS Board will request that the Independent Advisory Council undertake this
body of work. The Agency notes that the experience gained during the trial phase has
demonstrated that the development of the market is a critical challenge. In order for
the NDIS to operate as intended, it will need to be supported by a deep and diverse
market that is responsive to the diverse needs of NDIS participants.
Timeframe for action: Work to be completed by early 2015.
Recommendation 3
As people transition to the NDIS, the committee is cognisant of the need to assist
people develop the necessary skillsets to enable them to successfully move into the
workplace environment and participate in the workforce, where possible. The
committee recommends that work be conducted through the relevant Commonwealth
departments of education and employment to assess what is and can be done to help
participants make these choices. The committee also recommends working with
employers to appraise issues concerning disability discrimination in the workplace,
and remove barriers through education and reform to better integrate NDIS supports.
The Agency accepts this recommendation and notes that the responsibility is
largely with the Commonwealth Departments of Education and Employment.
The Agency is committed to supporting people with disability move into education and
employment. This clearly aligns with the Agency’s vision which is to “optimise social
and economic independence and full participation for people with disability”.
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The Agency is also engaging with the Department of Social Services to ensure the
recent announcement about the expansion of Disability Employment Services (DES)
aligns with and complements the Scheme. The expansion of DES aims to ensure that
people with disability who have a capacity to work are able to participate in
employment.
Timeframe for action: Departments of Education and Employment to advise.
Recommendation 4
The committee recommends that as part of the planning process, NDIA implement a
process similar to normal insurance industry practices, where participants are
provided with: clear disclosure documentation (about the planning process that
includes reference to the 'no disadvantage test'); a written draft plan; incorporates a
'cooling-off' before a package is agreed; and requires participants to sign their final
agreed plans. The committee believes that this is a fundamental element of the
original intent of the policy to empower and provide choice to people with a disability
in the National Disability Insurance Scheme.
The Agency accepts this recommendation in principle.
The Agency supports the idea that participants should be provided with a written plan.
The development of plans is a shared responsibility between the Agency and
participants. The plan is comprised of two parts—the first relates to a participant’s
goals, and is prepared by the participant; the second is the provision of supports,
which is prepared by the planner.
Given the shared nature of planning, the Agency agrees provision of a written plan
may better enable participants to understand their plan, and is important for
transparency. The Agency will ensure that plans are provided in formats that best suit
participants – for example, easy English or another appropriate format such as visual
or storyboard.
Given that the development of plans is a shared process, the Agency does not
propose to require participants to sign their plans or introduce a cooling off period.
The Agency is concerned that the introduction of a cooling off period suggests that
there is a time limit on the participant changing their mind and, once that period is
expired, the participant is locked in. This is not the case.
Participants may take as long as they wish to finalise their goals and aspirations
before a plan is finalised and can seek a review of their plan at any time – they are
not constrained by any timeframe in seeking this review. They can also seek a
review of the decision itself using the internal review mechanisms set out in the
legislation and articulated in Agency communication material (this does have a time
limit of 30 days of the plan being decided but each new plan review retriggers this
timeframe).
The Agency is committed to ensuring that participants’ rights are clearly articulated
and understood.
Timeframe for action: Ongoing
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Recommendation 5
Based on the evidence received on transdisciplinary packages, the committee
recommends that the Agency undertake a review of the current arrangements
regarding transdisciplinary packages, in particular, the operational guidelines and
advice and training it provides to its planners. This review should encompass and be
informed not just by clinical experts and researchers, but it should also consult
participants, carers and providers.
The Agency accepts this recommendation.
The Agency will undertake a review into transdisciplinary packages based on the
evidence provided. The Agency is committed to building any necessary
improvements resulting from the review into operational improvements, with a focus
on training and guidance for planners.
The Agency is also commissioning work to develop the guideline approach for
autism. An internationally recognised specialist has been engaged to convene a
group of experts to update the research evidence for the management of autism. This
work will lead to the development of more specific guidelines for needs assessment
and reasonable and necessary interventions for children with autism.
Based on the feedback from the Committee, the Agency will commission a similar
project for children with sensory disabilities (hearing and/or visual impairment).
Timeframe for action: To be completed by mid-2015 (both projects)
Recommendation 6
The committee notes the importance of the role of advocacy services in ensuring
quality plans and supporting participants in the planning process. The committee
recommends that certainty regarding the role and support for advocacy services in
the NDIS be urgently resolved through the Ministerial Disability Reform Council.
The Agency accepts this recommendation and notes this is on the work plan
for the Ministerial Disability Reform Council.
In line with the Productivity Commission report and recommendations, the Agency
does not fund systemic advocacy. Any change in current arrangements would be a
matter for government.
There are three broad forms of individual advocacy which are available to Scheme
participants.
Support to access mainstream and community services
The Agency provides information and referrals to participants to enable people with
disability to engage in mainstream and community activities and develop selfadvocacy skills. Local Area Coordinators have a key role in supporting access to
mainstream and community activity.
Legal review and representation
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This includes advocacy on Agency decisions, for example, an appeal against a
decision not to allow a person access to the Scheme. Advocates will speak on behalf
of a participant, or act for or represent them in processes.
Systemic advocacy
The Agency does not fund systemic advocacy. The Agency will work with the
community to achieve positive change to inclusion for people with disability. This work
will be a key focus for the Local Area Coordinators involved in the scheme at the local
level. At the national level the Agency will work to influence national strategies and
how they enable positive inclusion.
Participants are also able to access case management support.
The Agency will shortly be funding a number of Disability Support Organisations
through the Sector Development Fund. Disability Support Organisations will work
with people with disability and/or their families to build their capacity to exercise
choice and control and make the most of opportunities presented by the NDIS.
Timeframe for action: Ongoing in regard to current Agency activity.
Recommendation 7
The committee recommends that the National Disability Insurance Agency implement
a system whereby its website is renewed on a systematic basis, alerting the public to
changes in its online documentation. The list of changes— with links to the
documents—should be able to be accessed easily. Urgent changes—such as a
change to price lists—should be communicated under a 'News Flash' item on the
NDIA's website.
The Agency accepts this recommendation.
The Agency is aware of the need to improve our web presence. A process is currently
in place to overhaul the current website. The new website will be fit for purpose,
accessible and provide relevant and up to date information. As suggested by the
Committee, the website will be regularly updated and include easily accessible
important news items. The Agency will also undertake immediate action to ensure
that urgent changes are given more prominence on the existing website.
Timeframe for action: Immediate improvements to be implemented by September
2014. Total website redesign to be completed by early 2015.
Recommendation 8
The committee recommends that the National Disability Insurance Agency publicise
details about its internal systems for receiving and responding to feedback. The key
performance indicators should be publicly listed and the Agency's performance
against each indicator should be provided at regular intervals on the NDIA's website
and in its Annual Report. The public should also be able to compare data sets over
time.
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The Agency accepts this recommendation.
The Agency believes that feedback from participants and families is critical in giving
us information about what we are doing well and where we need to improve.
This recommendation will be built into the Agency’s National Quality Action Plan. The
National Quality Action Plan includes a comprehensive participant feedback strategy
which outlines the processes to gather qualitative and quantitative feedback, analyse
this information to identify systemic issues, and then use this information to improve
the performance of the Agency.
The Agency is also refining our Service Charter to make sure we respond to people in
a timely and appropriate way. This will include clear service standards and
expectations.
The Agency will ensure this information is made available through our Annual Report
and online.
Timeframe for action: National Quality Action Plan to be completed by end
September 2014, Service Charter to be updated by end December 2014.
Recommendation 9
The committee commends the National Disability Insurance Agency (NDIA) for the
survey results it has achieved to date. To improve the transparency and integrity of
future survey results, the committee recommends that the NDIA consults with the
Australian Bureau of Statistics Statistical Clearing House about the design and
methodology of surveys to ensure that they are fit for purpose and consistent with
best practice survey design principles. The NDIA should publish the methodology of
surveys on its website and in its Quarterly Reports to the Ministerial Disability Reform
Council.
The committee also recommends that the survey is extended to include carers and
parents.
The Agency accepts this recommendation.
The current surveying of participant satisfaction is undertaken by surveying a sample
of clients each month. This information will be provided in the next quarterly
sustainability report.
To improve analysis of outcomes the NDIS is currently developing an Outcomes
Measurement Framework to measure progress towards achievement of the
Scheme’s goals. The framework will include a new survey methodology, which will
apply to carers and parents across a variety of indicators. The methodology will be
made public when settled.
Timeframe for action: Next quarterly sustainability report to include current survey
methodology, work on the Outcomes Measurement Framework to be completed by
early 2015.
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Recommendation 10
The committee recommends that the National Disability Insurance Agency develop a
systematic way of gathering qualitative feedback from National Disability Insurance
Scheme (NDIS) participants and carers of NDIS participants. Careful thought should
be given to ensuring a broad cross-section of feedback, encouraging views from
people from non-English speaking backgrounds.
The Agency accepts this recommendation.
The Agency has been working to collect robust qualitative and quantitative data on
how the Scheme is performing. The Agency is also committed to developing a
strategy to ensure our communications and engagement activities meet the needs of
people from culturally and linguistically diverse backgrounds.
We already have a number of processes in train to improve the way we communicate
and listen to the views of our stakeholders.
These include:
•
•
•
Implementing a National Quality Action Plan, including a comprehensive
participant feedback strategy. This outlines our processes to gather qualitative
and quantitative feedback, analyse this information to identify systemic issues,
and then use this information to improve the performance of the Agency.
The CEO and Deputy CEO have scheduled visits to all trial sites to talk to
participants, providers and staff about their views and ideas. This will continue
to happen regularly.
The Agency will also undertake a culture audit in late 2014 which will seek
feedback from participants and stakeholders on whether the Agency is living
up to its values.
Timeframe for action: Work to be completed by end of October 2014.
Recommendation 11
The committee recommends that the Agency continue to ensure greater
representation of people with disability in its staffing profile, particularly in the planner
role.
The Agency accepts this recommendation.
The Agency has developed an Accessibility Strategy which outlines our approach to
increasing employment opportunities and accessibility for people with disability,
including a target of 12 per cent of the workforce identifying with disability. As at 30
June 2014 the Agency has 10.94 per cent of staff identifying as having a disability, in
comparison to the APS average - as reported in the State of the Service Survey
Report - of 2.9 per cent. In addition, 53 per cent of staff in the Agency identify as
having lived experience with disability.
Current recruitment processes for both national office and trial site roles encourage
people with disability, or a lived experience with disability, to apply. This is reinforced
in the candidate packs and selection criteria for all roles. The Agency has a selfidentified benchmark that each selection panel includes a person with disability to
reaffirm our commitment to employment of people with disability.
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The Agency is participating in the Australian Public Service pilot of the RecruitAbility
scheme - an initiative to support the employment of people with disability where a
candidate whose skills, experience and knowledge meet the minimum criteria and
identify as a person with disability will automatically progress to the interview stage of
a selection process.
The Agency is working with APSC in the development of special measures to allow
the targeted recruitment of people with disability for key roles within the Agency, such
as the Planner and Local Area Co-ordinator roles where peer support is expected to
provide positive benefits to participants and the NDIS.
Timeframe for action: Ongoing
Recommendation 12
The committee recommends that the National Disability Insurance Agency develop
and implement an information campaign to inform and assist young people living in
residential nursing homes in the trial sites of the process for applying to become a
participant with the NDIS.
The Agency accepts this recommendation.
The Agency believes that is it extremely important to ensure that young people living
in residential care arrangements understand what the NDIS means for them. The
Agency will continue to work closely with peak organisations, other organisations with
an interest in this area like the Summer Foundation and young people in residential
nursing homes to ensure that we provide clear and fulsome information on the
options available to them as the Scheme continues to expand.
While the Agency has received no evidence to date that there is a communication
gap or issue for young people in nursing homes, the Agency will work with peak
organisations and other stakeholders to ensure equity of access and support for this
group.
Timeframe for action: Consultation with peaks and stakeholders to be undertaken by
end September 2014, and a framework for improvements to be implemented by end
December 2014.
Recommendation 13
The committee recommends that all future bilateral negotiations and amendments to
transitional arrangements are finalised and publicised well in advance of
commencement dates to ensure and provide confidence and certainty for all
stakeholders.
The Agency accepts this recommendation and notes that bilateral negotiations
are led by the Commonwealth Department of Social Services.
Timeline for action: To be advised by the Department of Social Services.
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Recommendation 14
In accordance, with the progressive roll-out of the NDIS to remote Indigenous
communities, the committee recommends that governments work together through
the Ministerial Disability Reform Council to consider adopting an approach, in
consultation with the appropriate Indigenous organisations, to phase in all NDISeligible persons at the same time in each community.
The Agency accepts this recommendation and notes than an Indigenous
Strategy is on the work plan for the Ministerial Disability Reform Council.
The Agency will commence a body of work with DSS and the First People’s Disability
Network, to ensure that the operationalisation of phasing arrangements best meets
local need. Phasing arrangements are agreed within bi-lateral agreements between
the Commonwealth and the relevant State or Territory to which the Agency is not a
party.
The Agency will also consider this recommendation in terms of planning for transition
to full scheme.
Timeline for action: The Agency will incorporate this recommendation into planning
for full scheme transition over the coming months.
Recommendation 15
The committee recommends that the Ministerial Disability Reform Council expedite
roles and responsibilities and any funding arrangements for Tier 2 services. The
committee commends the attitude and direction that the South Australian
Government is taking in its involvement with Tier 2 and the sector, and recommends
that states and territories adopt this approach.
The Agency accepts this recommendation and notes this is on the work plan
for the Ministerial Disability Reform Council.
The Agency is aware of the need to prioritise supports for those in the Tier 2 category
most likely to become Scheme participants and for those people who have episodic
needs.
The development of Tier 2 supports will serve as a form of preventative intervention,
ensuring that individuals can be supported in the community without unnecessarily
formal individualised support from the Scheme.
The purchasing of bulk community support under preventative intervention
arrangements may also be more suitable for participants with episodic needs, who
may be better supported by robust community supports rather than through the
provision of a formal individualised reasonable and necessary support plan.
Timeframe for action: ongoing and to be considered as the Agency prepares for full
scheme transition
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Recommendation 16
The committee is aware that there is currently a shortfall in the number of workers in
the disability sector, particularly in professional roles. It is aware of research that the
number of full time disability sector workers will need to increase substantially to meet
demand by full Scheme in 2018. The committee recommends that a workforce
strategy be developed under the auspices of the Ministerial Disability Reform Council
that identifies the issues, challenges, options and recommendations to meet demand.
The Agency accepts this recommendation and notes this is on the work plan
for the Ministerial Disability Reform Council.
The Agency also notes that there are valuable lessons that can be learned from the
peer support worker model, which is operating in the mental health space.
Timeframe for action: Ongoing
Recommendation 17
The committee recommends that the National Disability Insurance Agency assist
prospective and actual participants in building the necessary skills and knowledge to
manage their own support package. Workshops should be available for participants
who are seeking information on self-managing their plan. The committee believes that
promoting self-management of plans will provide participants with choice and control
which should in turn lead to greater innovation and responsiveness from service
providers.
The Agency accepts this recommendation.
The Agency is aware of the barriers to self-management that exist at the moment,
including the problem of ‘in-kind’ supports. It should be noted that the people who are
accessing the Scheme during the trial period are transitioning from state funded
programmes where the emphasis has been on attachment to a ‘programme’ provider
rather than promoting individually tailored self-selection of supports.
The Agency notes that participants who have the skills and interest in self-managing
their packages, including supports and funding, are already assisted by the Agency’s
support coordinators. Many participants nominate to self-manage some elements of
their support packages and the Agency to manage other aspects.
In the Agency’s Business Plan there is a commitment to a target of 5per cent of
participants fully self-managing their plans and 40per cent of participants selfmanaging some elements of their plans. This target will be reported on in the ongoing
quarterly report to the CDRC and the target will be reviewed annually.
The Agency is also working to improve communication materials for selfmanagement. Following consultation with participants, carers and staff, the Agency is
currently re-designing the Participant Portal on the NDIS website, making it easier to
use when self-managing. This is due for release in December 2014.
The Agency’s experience of the take-up of full self-management is similar to the
levels in those state programmes where self-management was possible
(approximately 2 per cent). However, the percentage of plans where the participant
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has selected self-management for some but not all of the funded supports is
27 per cent. When benchmarked against international data, the combined figure of
close to 30 per cent is at a level that mirrors the level in countries where selfmanagement has been a feature for over a decade.
Timeframe for action: Ongoing and workshops to commence by end of 2014.
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