Appendix 2

Australian Government response to the committee's report on General Issues 2020

The Joint Standing Committee on the National Disability Insurance Scheme (NDIS) tabled its 2020 report into General Issues in December 2020. The Australian Government responded to that report in May 2021. The following table outlines the Government’s response to each of the committee’s recommendations and quotes the Government’s comments in part.
Australian Government response to the committee’s report into General Issues 2020
Recommendation
Government response
Government comments
Recommendation 1
The committee recommends that the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission:
review and assess their responses to the COVID-19 pandemic to better understand how to respond to future emergencies, including pandemics; and
in connection with the Commonwealth Government, ensure that appropriate preparations and plans are in place to support people with disability during future emergencies, including pandemics.
Supported
‘The Australian Government has appropriate governance and structures in place to respond flexibly and scale measures up or down as circumstances require in response to COVID-19 and future emergencies.
The Advisory Committee on the Health Emergency Response to Coronavirus (COVID-19) for People with Disability … or a similar body, will continue to be a part of the Government’s emergency response to COVID-19 for people with disability …
The Government is taking steps to review and assess the COVID-19 response, including the NDIA working with the University of Melbourne on a research project to understand participants’ experiences during COVID-19. This research will help shape how services are provided in the future and inform emergency response planning.
To support preparation and response in any future pandemic outbreak … the NDIS Commission has sought input from advisors with expertise in pandemic and infectious disease control, and has consulted with stakeholders representing people with disability, and industry peaks. This work is nearing completion, with revised Practice Standards and Quality Indicators expected to be finalised in the first half of 2021.’
Recommendation 2
The committee recommends that the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission maintain, beyond the COVID‑19 pandemic, beneficial changes that were implemented in response to the pandemic.
Supported
‘…The Australian Government supports the retention of measures introduced during the COVID-19 pandemic, where they will have lasting benefits.
The NDIA continues to support NDIS participants through flexible planning processes, extensions of NDIS plans for up to 24 months and the introduction of temporary measures. The NDIA has already elected to retain some measures such as the online access form, participant check-ins, plan extensions, vulnerable participant outreach and hospital discharge streamlining. The NDIA will continue to monitor COVID-19 measures and their suitability for long-term retention.
The NDIS Commission continues to issue advice and information to registered NDIS providers to support their preparedness. This includes important information about the obligations of NDIS providers to keep the participants they support safe, reduce their exposure to COVID-19, manage risk and maintain essential services.
The NDIS Commission is consulting on adjustments to the NDIS Practice Standards Quality Indicators to sharpen the indicators of good practice, and evidence required to demonstrate compliance in respect of matters relating to infection control, infection and risk management and planning…. The NDIS Commission will also share data with states and territories on market changes during lockdown periods in the pandemic.’
Recommendation 3
The committee recommends that the National Disability Insurance Agency regularly and systemically engage with people with psychosocial disability and representative organisations to better understand the needs of people with psychosocial disability and mental illness.
Supported
‘The NDIA engages regularly with people with psychosocial disability and mental illness, including through the Mental Health Sector Reference Group, established on 9 December 2014, to develop a strong working partnership between the mental health sector and the NDIA.
The Participant Reference Group also provides advice to the NDIA about the needs and experiences of NDIS participants, including people with psychosocial disability and mental illness.
In addition, the NDIA engages with participants with psychosocial disability and mental illness through targeted national public consultation. For example, national consultation is scheduled for February 2021 on the Psychosocial Recovery Coach Framework.’
Recommendation 4
The committee recommends that the National Disability Insurance Agency establish an advisory committee, consisting of representative organisations of Aboriginal and Torres Strait Islander peoples with disability and Aboriginal Community Controlled Organisations, to provide input to national policy and program delivery.
Supported
‘The Australian Government funds First Peoples Disability Network (FPDN) to represent the interests and voice of Aboriginal and Torres Strait Islander peoples with disability. This includes receiving input and advice on national policy and program design from FPDN in order to improve outcomes for Aboriginal and Torres Strait Islander peoples with disability when using disability-specific and mainstream systems.
The NDIA has an existing Independent Advisory Committee and a CEO forum which provides advice on scheme policy and delivery. There are people who identify as Aboriginal and Torres Strait Islander represented on both these groups. There are further engagement opportunities with Aboriginal and Torres Strait Islander organisations for the development of national policy and program delivery, including the NDIA Aboriginal and Torres Strait Islander Strategy and Rural and Remote Strategy. The NDIA has close consultation with Aboriginal Community Controlled Health Organisations to enable the NDIA to deliver the National Community Connector Program.’
Recommendation 5
The committee recommends that the Australian Government commit to long-term investment in Aboriginal community-led education programs to build individual and community knowledge, capacity and confidence around rights and entitlements associated with the National Disability Insurance Scheme and disability supports.
Supported
‘The Australian Government already invests in Aboriginal and Torres Strait Islander community led programs to build individual and community knowledge, capacity and confidence around rights and entitlements associated with the NDIS and disability supports and services including:
The Information, Linkages and Capacity Building (ILC) Program has funding of around $134 million per annum for grant activities that are available to all people with disability, their families and carers. Of the projects funded under the current ILC strategy (2019-2022), Strengthening ILC – a national strategy towards 2022, at least 36 (valued at $38.4 million) are specifically targeting Aboriginal and Torres Strait Islander people….
Through existing disability advocacy programs, the Australian Government invests in the building of knowledge about rights and access to advocacy support for Aboriginal and Torres Strait Islander people with disability. The advocacy support funded during the Disability Royal Commission includes an investment of $5.2 million (to 30 June 2022)…’
Recommendation 6
The committee recommends that the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission develop, publish and implement cultural safety accreditation standards for providers, co-designed with Aboriginal and Torres Strait Islander representative organisations and Aboriginal Community Controlled Organisations.
Supported
‘During 2020, following wide consultation and engagement, the NDIS Commission completed a national NDIS Workforce Capability Framework for the disability sector. This includes the NDIS Workforce Capability Framework module “My Aboriginal and/or Torres Strait Islander identity”, specifically developed to describe the observable behaviours of NDIS workers in meeting the Aboriginal and Torres Strait Islander cultural competency requirements of the NDIS Practice Standards.
The NDIS Commission will build on this framework to build cultural competency into the NDIS Commission’s functions. This work will involve engagement with Aboriginal and Torres Strait Islander people and organisations.’
Recommendation 7
The committee recommends that the National Disability Insurance Agency develop a strategy to engage with people with disability who are homeless and to work with this cohort or participants once their access requests have been approved.
Noted
‘All governments have agreed to the ‘Principles to determine the responsibilities of the NDIS and other service systems’, including Applied Principles and Tables of Support (Applied Principle). Applied Principle 8 outlines housing and community infrastructure responsibilities with homelessness related services primarily the responsibility of states and territories. This includes homelessness prevention, outreach and access to temporary and long term housing for people who are homeless, or at risk of homelessness.
The Commonwealth, states and territories developed the National Housing and Homelessness Agreement (NHHA) which commenced on 1 July 2018 and includes $129 million set aside for homelessness services in 2020–21. Under the NHHA, to receive funding, state and territory governments are required to have publicly available housing and homelessness strategies and contribute to improved data collection and reporting.’
Recommendation 8
The committee recommends that the National Disability Insurance Agency introduce Liaison Officers to work with homelessness organisations and related services to facilitate improved National Disability Insurance Scheme (NDIS) access and planning for people with disability who are homeless and eligible for the NDIS.
Noted
‘The Government notes the recommendation to implement homelessness Liaison Officers for the NDIS, but recognises that homelessness services remain the responsibility of state and territory governments. The NDIA currently has a network of Health and [JLOs] who support both participants and mainstream systems to understand and connect to the NDIS, including participants who have experienced, or may be experiencing, homelessness.
In addition, the NDIA undertakes a range of community and mainstream engagement activities, including with homelessness services. NDIA Local Area Coordinators (LACs) also work with mainstream and community services to support potential and existing participants to access the NDIS and supports. Where mainstream services indicate to the NDIA that a person who is homeless may be eligible for the NDIS, the NDIA works with those services and states and territories to facilitate that person’s access to the NDIS, and to develop a coordinated plan of supports. States and territories remain responsible for homelessness responses, including the provision of social and community housing.’
Recommendation 9
The committee recommends that the National Disability Insurance Agency develop, publish and implement clear protocols for communicating with participants about matters relating to the National Disability Insurance Scheme.
Supported
‘… the NDIA is reviewing and refreshing its Operational Guidelines to make the language clearer, simpler and easier to understand. The new guidelines are written in plain English and include more information about how the NDIA makes decisions. The NDIA designed the new format and structure based on research with participants. Information regarding the Operational Guideline refresh is available at: https://ourguidelines.ndis.gov.au/
In addition, the NDIA has extensive practice guidance, training and resources available for all planners and participant facing staff, to ensure their interactions with participants are respectful. All planners and LACs attend in-depth training to develop skills for listening to participants and their nominees about their lived experiences and the impact of their disabilities and how to best communicate with people living with disability.’
Recommendation 10
The committee recommends that the National Disability Insurance Agency publish information about managing circumstances related to the death of a participant, including the support that is available to family members and carers, on the National Disability Insurance Scheme website.
Supported
‘The NDIS website has a dedicated page with information on how to inform the NDIA that a participant has died, as well as links to where a participant's family, carer or support network can access emotional support counselling and other mainstream support services. The page can be accessed at: www.ndis.gov.au/understanding/families-and-carers/what-do-when-someone-dies
In December 2020 the NDIA established a new national Bereavement Support team to improve interactions and support for family members following a participant death. The new national network of trained subject matter experts is responsible for supporting the cessation of supports and the finalisation of a record following the death of a participant. They can also provide links to other mainstream support services such as the Australian Government’s Carer Gateway.’

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