INQUIRY INTO THE IMPLEMENTATION, PERFORMANCE AND GOVERNANCE OF THE NATIONAL DISABILITY INSURANCE SCHEME IN THE ACT S TANDING C OMMITTEE ON H EALTH, A GEING AND C OMMUNITY S ERVICES N OVEMBER 2018 REPORT 4 I NQUIRY INTO THE I MPLEMENTATION, P ERFORMANCE AND G OVERNANCE OF THE N ATIONAL D ISABILITY I NSURANCE S CHEME IN THE ACT THE COMMITTEE COMMITTEE MEMBERSHIP CURRENT MEMBERS Ms Bec Cody MLA (Chair from 20 September 2018) Mrs Vicki Dunne MLA (Member to 24 September, Deputy Chair from 25 September 2018) Ms Caroline Le Couteur MLA (Member) PREVIOUS MEMBERS Mr Chris Steel MLA (Chair to 24 August 2018) Mr Michael Pettersson MLA (Member to 3 September, Chair to 19 September 2018) Mrs Elizabeth Kikkert MLA (Deputy Chair to 20 September 2018) SECRETARIAT Mrs Josephine Moa (Secretary from July 2018) Ms Kate Harkins (Secretary to June 2018) Mr Danton Leary (Senior Research Officer) Ms Lydia Chung (Administration Officer) CONTACT INFORMATION Telephone 02 6205 0136 Post GPO Box 1020, CANBERRA ACT 2601 Email [email protected] Website www.parliament.act.gov.au i S TANDING C OMMITTEE ON H EALTH, A GEING AND C OMMUNITY S ERVICES RESOLUTION OF APPOINTMENT At its meeting of 13 December 2016, the Legislative Assembly resolved to create: A Standing Committee on Health, Ageing and Community Services to examine matters related to hospitals, community and public health, mental health, health promotion and disease prevention, disability matters, drug and substance misuse, targeted health programs and community services, including services for older persons and women, families, housing, poverty, and multicultural and indigenous affairs.1 TERMS OF REFERENCE The Standing Committee on Health, Ageing and Community Services will inquire into and report on the implementation, performance and governance of the National Disability Insurance Scheme in the ACT. The Committee will consider: a) The relationship between the ACT Government and Australian Government in regards to the National Disability Insurance Scheme and National Disability Insurance Agency as it affects the ACT; particularly gaps or duplicate roles and responsibilities; b) Practical outcomes of implementation in relation to disability workforce development strategies; the Human Services Registrar; the availability of services for eligible NDIS participants; the availability of early childhood intervention services; the implementation of local area coordination; and supports for people with psychosocial disabilities; and c) Whether there are unique factors relating to the provision of disability services affected by the implementation of the NDIS in the ACT. The Standing Committee on Health, Ageing and Community Services will report back to the Legislative Assembly for the ACT by the last sitting day of 2018. 1 Legislative Assembly for the ACT, Minutes of Proceedings, 13 December 2018, p. 13. ii I NQUIRY INTO THE I MPLEMENTATION, P E RFORMANCE AND G OVERNANCE OF THE N ATIONAL D ISABILITY I NSURANCE S CHEME IN THE ACT ACRONYMS A4 Autism Asperger’s Advocacy Australia AAT Administrative Appeals Tribunal ABS Australian Bureau of Statistics ACT Australian Capital Territory ACTCOSS ACT Council of Social Services ACT HRC ACT Human Rights Commission ADACAS ACT Disability, Aged and Carer Advocacy Services AEU Australian Education Union ACT Branch ASD Autism Spectrum Disorder CALD culturally and linguistically diverse CIT Canberra Institute of Technology COAG Council of Australian Governments Committee Standing Committee on Health, Ageing and Community Services DAA Dieticians Association of Australia ECEI Early Childhood, Early Intervention ILC Information, linkages and capacity building Inquiry into the Implementation, Performance and Governance of the Inquiry National Disability Insurance Scheme in the ACT Local Area Coordination LAC Local Area Coordinator Legislative Legislative Assembly for the Australian Capital Territory Assembly iii S TANDING C OMMITTEE ON H EALTH, A GEING AND C OMMUNITY S ERVICES Marymead Marymead Child and Family Centre Minister Minster for Disability, Ms Rachel Stephen-Smith MLA MS Australia Multiple Sclerosis Australia NDAP National Disability Advocacy Program NDIA National Disability Insurance Agency NDIS National Disability Insurance Scheme NDIS Act National Disability Insurance Scheme Act 2013 NSW New South Wales RIDBC Royal Institute of Deaf and Blind Children Scheme National Disability Insurance Scheme Skills Canberra ACT State Training Authority SOfASD Speaking Out for Autism Spectrum Disorder TADACT Technology for the Ageing and Disability ACT UNSW University of New South Wales UNSW Public Service Research UNSW Canberra, Public Service Research Group Group WWDACT Women with Disability ACT iv I NQUIRY INTO THE I MPLEMENTATION, P ERFORMANCE AND G OVERNANCE OF THE N ATIONAL D ISABILITY I NSURANCE S CHEME IN THE ACT EXECUTIVE SUMMARY On 7 December 2012, the Council of Australian Governments signed an Intergovernmental Agreement for the National Disability Insurance Scheme. The National Disability Insurance Scheme was available for all eligible Australian Capital Territory residents by July 2016. The Australian Capital Territory will remain on funding arrangements consistent with the Bilateral Agreement for the National Disability Insurance Scheme launch between the Commonwealth and the Australian Capital Territory until the end of 2018-2019. At a private meeting on 21 November 2017, the Legislative Assembly Standing Committee on Health, Ageing and Community Services resolved to conduct and inquire into the Implementation, Performance and Governance of the National Disability Insurance Scheme in the ACT. The Committee embarked on this Inquiry to ensure the lives of people with disability are properly represented and considered under the National Disability Insurance Scheme. Throughout the Inquiry, the Committee heard evidence from a wide range of organisations that provide National Disability Insurance Scheme services and support, participants of the Scheme and their carers, disability advocacy organisations, peak bodies, the ACT Government, the National Disability Insurance Agency, as well as Partners in the Community that provide Local Area Coordination and Early Childhood, Early Intervention services. The Committee received 70 submissions and heard from over 45 witnesses over seven public hearings, which were held throughout May and June 2018. This Report addresses the wide range of issues raised in evidence provided to the Committee. Majority of the evidence received related to the practical operation of the Scheme and this is reflected in the Report. However, the Report has incorporated structural matters in regards to the overarching governance of the Scheme. The Report also makes reference to key groups including multicultural participants and participants with psychosocial disabilities. This is in no way intended to emphasise the needs of one group above another. The following sections highlight key issues discussed with regards to the implementation, performance and governance of the Scheme. CHAPTER THREE: IMPLEMENTATION OF THE SCHEME The Committee heard evidence regarding the communication between all parts of the Scheme. Particular concern was raised with regards to the two-way communication between the National Disability Insurance Agency and services providers, as well as communication between the National Disability Insurance Agency and participants and their carers. The Committee found that the direct communication between the National Disability Insurance Agency planner and the participant should v S TANDING C OMMITTEE ON H EALTH, A GEING AND C OMMUNITY S ERVICES be re-evaluated to improve responsiveness and transparency. The Committee also considered the adoption of the Victorian participant pathway program in the ACT. The Committee heard evidence regarding funding for disability advocacy services. Specifically, the Committee heard that ACT Government funding does not cover advocacy groups that advocate on behalf of specific disabilities. Additionally, the impact of reduced advocacy support funding was brought to the Committee’s attention. The Committee recommended that the ACT Government increase funding for independent individual advocacy in the ACT Budget. The Committee heard evidence regarding the National Disability Insurance Agency not engaging with the ACT Human Rights Commission when a participant makes a complaint to the ACT Human Rights Commission. The Committee subsequently found that a lack of recognition of the ACT Human Rights Commission leaves a significant gap in powers to investigate complaints arising out of the provision of services by the National Disability Insurance Agency. The Committee recommended that the Minister for Disability raise, with the Council of Australian Governments Disability Reform Council, the issue of the National Disability Insurance Agency not recognising and respecting the role of the ACT Human Rights Commission, where it is advocating on behalf of participants who have made a complaint. The Committee heard evidence regarding the rollout of the Scheme leading to there being no Provider of Last Resort. The Committee also heard that the rollout of the Scheme had resulted in a number of organisations no longer receiving funding through the ACT Government or through the Scheme. The Committee acknowledged that in both these instances, there were clear risks of gaps in services. As such, the Committee found that further engagement between the ACT Government and the National Disability Insurance