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Recommendation 1
The committee recommends that fully costed, detailed draft plans be made available to participants at least one week prior to their meeting with the official with the authority to approve the plan, and that at the meeting the participant have the opportunity to rectify the plan.
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Supported in principle
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…A number of initiatives are underway that support the intention of providing full transparency around NDIS plan approval processes. These include the introduction of draft plan summaries, joint planning and the use of independent functional assessments in access and planning decisions…
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Recommendation 2
The committee recommends that the National Disability Insurance Agency ensure that participants are given the opportunity to meet face-to-face with an official with authority to approve a plan before the plan is approved.
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Supported in principle
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The Government supports the recommendation to enable participants to meet with [a National Disability Insurance Agency (NDIA)] delegate prior to plan approval…[F]rom April 2020 the NDIA will be progressively rolling out joint planning meetings nationally…
The NDIA already provides participants with a choice about how they would like to conduct their planning meetings. Most choose face-to-face meetings…
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Recommendation 3
The committee recommends that the National Disability Insurance Scheme Act 2013 be amended to enable participants to review only part of a plan, or to vary a plan, in appropriate circumstances.
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Supported
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…The Government intends to introduce a new plan amendment power, as part of its response to the Tune Review of the NDIS Act.
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Recommendation 4
The committee recommends that the National Disability Insurance Scheme Act 2013 be amended to require the National Disability Insurance Agency to complete an unscheduled plan review within 45 days of receiving a request from the participant.
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Supported in principle
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…The Government has committed to the implementation of the NDIS Participant Service Guarantee from 1 July 2020…
The Government intends to introduce a timeframe for unscheduled plan reviews as part of its response to the Tune Review of the NDIS Act.
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Recommendation 5
The committee recommends that the National Disability Insurance Scheme Act 2013 be amended to require the National Disability Insurance Agency to complete internal reviews of decisions within 45 days of receiving a request to conduct the internal review.
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Supported in principle
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…The Government has committed to the implementation of the NDIS Participant Service Guarantee from 1 July 2020… The Government intends to introduce a timeframe for internal plan reviews as part of its response to the Tune Review of the NDIS Act.
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Recommendation 6
The committee recommends that the National Disability Insurance Agency publish settlement outcomes relating to external review by the Administrative Appeals Tribunal, in de‑identified form.
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Noted
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Publishing Administrative Appeals Tribunal settlement outcomes would impose a significant administrative burden on resources and would pose privacy issues, even if published in a de-identified form.
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Recommendation 7
The committee recommends that the National Disability Insurance Agency standardise the terminology it uses to refer to persons, processes and other matters associated with the NDIS.
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Supported
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…[T]he Government recognises the need for information about the NDIS to be accessible and easy to understand. The NDIA is currently reviewing all communication products to ensure there is consistent, plain English language across all products and systems.
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Recommendation 8
The committee recommends that the National Disability Insurance Agency (NDIA) clearly define key terms associated with the NDIS, and with the planning process in particular. Where a term refers to a person, organisation or other body, the committee recommends that the NDIA clearly define that entity's role, functions, responsibilities, limitations and accountability.
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Supported
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…As stated above, the NDIA is currently reviewing all communication products to ensure there is consistent, plain English language across all products and systems. Where appropriate, this will include defining an entity's role, functions, responsibilities, limitations and accountability.
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Recommendation 9
The committee recommends that the National Disability Insurance Agency (NDIA) ensure that additional training and skills development is provided to all persons involved in the planning process (particularly NDIA officers and LACs), to ensure that all such persons:
are familiar with a range of disabilities experienced by participants, and develop specialisation in particular disability areas;
are familiar with allied health expertise;
understand the specific needs of Aboriginal and Torres Strait Islander participants, and participants from culturally and linguistically diverse backgrounds, to ensure that they are able to deliver culturally appropriate services; and
receive training in domestic violence awareness.
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Supported
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…The NDIA has a thorough onboarding and training program for both its internal staff and Partners in the Community…The current training includes a comprehensive new starter induction program, mandatory learning modules, and disability specific and targeted service delivery training programs. Additionally, ongoing training is provided to maintain and build the specialised skillset of planners and Partners…
The NDIA is also progressively rolling out training programs focused on disability and cultural awareness to improve the service experience for Aboriginal and Torres Strait Islander peoples, people who identify as LGBTIQA+, and people from Culturally and Linguistically Diverse (CALD) backgrounds… [T]he NDIA has a mandatory eLearning module on Family and Gender Based Family Violence Prevention for all staff and will consider further options.
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Recommendation 10
The committee recommends—in circumstances where a new plan has not been approved at the plan review date—that:
the National Disability Insurance Agency continue to provide funding under the existing plan until the new plan is approved; and
ensure that a plan review is carried out within 45 days of the review date set out in the existing plan.
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Supported in principle
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…In September 2019, the NDIA launched a new process that identifies participants with plan review dates within seven days, and, in certain circumstances, automatically extends the end date of their plan for 28 days. Where a plan is extended additional pro-rated funding is applied…
The Government has committed to the implementation of the NDIS Participant Service Guarantee from 1 July 2020. It will include…timeframes for the NDIA to make decisions or undertake administrative processes.
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Recommendation 11
The committee recommends, where a plan is not approved within 45 days of receipt by a National Disability Insurance Agency (NDIA) delegate, that:
the NDIA immediately approve a typical supports package (TSP) for the participant as an interim measure; and
the NDIA replace the TSP with an individualised plan no later than 45 days after the TSP is approved.
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Noted
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The Government recognises that timely access to plan supports is crucial to positive participant outcomes. Through the initiation of [Early Childhood Early Intervention] interim plans, the Government has taken steps to ensure that those most in need of timely NDIS access are supported…
The Government has committed to the implementation of the NDIS Participant Service Guarantee from 1 July 2020. It will include service standards… and timeframes for the NDIA to make decisions or undertake administrative processes…
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Recommendation 12
The committee recommends that all participants with complex support needs be immediately streamed to a National Disability Insurance Agency delegate to develop their plan and appropriate funding package.
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Supported
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…[T]he NDIA has developed a new Complex Support Needs (CSN) pathway. People who are in the CSN pathway receive additional, tailored support in all aspects of their NDIS experience… Participants in the CSN pathway complete their planning meetings with an NDIA delegate.
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Recommendation 13
The committee recommends that the National Disability Insurance Agency develop and implement a mechanism to prioritise access decisions, plan meetings and plan approvals for children with complex needs and/or an acquired disability.
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Supported
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The Government is aware of the unique challenges faced by children with complex needs and acquired disabilities. Ensuring appropriate escalation of, and support for, these cohorts in need is part of the roll out of the [Complex Support Needs] pathway.
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Recommendation 14
The committee recommends that the National Disability Insurance Agency immediately implement a mechanism to allow participants to pay for transport out of core funding.
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Supported
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…The Disability Reform Council, in October 2019, endorsed an approach to improve the provision of transport supports, including interim measures to increase transport funds for participants who are significant users of taxi subsidy schemes…
[T]he Government and the NDIA have also committed to providing greater NDIS plan flexibility between core and capacity building supports…
[T]he NDIA will introduce greater flexibility to access core supports funding for use on transport during the intervening period.
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