WhatsUp in Disability Magazine Nov Dec 2023

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November / December 2023

Disability Information Services by People with Disability Queensland Australia

Volume 6, Issue 115

Subscription $20 PA

Proudly supported and printed by ToowoombaWhatsUp Regional in Council Disability

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WhatsUp

Highlights September/October 2023

06 09 14 25 26 32

DISCO Sovereign

Big Visions Book Series

Legislation Closing Loopholes

International Day of Disability

Platform Providers

My Community Cover Page Mike Paton with Prince Lo, Birdie Finch and Kerry Shine Photo supplied by Kerry Shine (Selfie)

Steven Paull JP (Qual) President Page 2

The Editor’s Desk The Voice to Parliament I have a friend who posted on social media that he was ashamed of the referendum. I asked him if he voted with his heart and he agreed that he did. Was he ashamed of that decision and he said that he wasn’t. So what was he ashamed of, the people who voted no and he agreed that he was. Some of these people are doctors, front line workers, defence personnel, priests, community champions, parents, grandparents, and some were indigenous. They also voted from the heart and unashamed of their choice.

In a democracy you can be disappointed yes, but you should never be ashamed.

Are you a CEO, senior manager, executive, or decision maker for an NDIS registered organisation?

You must have a Disability Worker Screening clearance.

Nationally consistent disability worker screening was introduced in Queensland to improve the safety and quality of services and supports delivered to people living with disability.

Why do I as a senior manager, executive or decision maker of an NDIS Registered organisation require a clearance?

All workers in risk-assessed roles in an NDIS organisation must have a disability worker screening clearance. A risk-assessed role is one that involves the direct delivery of supports or services to people with disability and is likely to have more than incidental contact with people with disability as a normal part of regular duties.

This definition includes key personnel. If you have authority, responsibility for or significant influence over planning, directing or controlling the activities of participants or the entity – you are considered key personnel and must hold a clearance. This definition includes executives, senior management, members of the board or any other decision-making position of an NDIS registered organisation.

The ‘no card, no start’ approach means that if you are key personnel at an NDIS registered organisation who does not hold a clearance, you must immediately cease working until you are issued a clearance. Penalties may apply for non-compliance.

The quickest and easiest way to apply for a disability worker screening clearance is through the worker screening portal. You can find the definition of key personnel in section 11A of the National Disability Insurance Scheme Act 2013.

Terrorism I would like to express my steadfast and united support to the State of Israel, and my unequivocal condemnation of Hamas and its appalling acts of terrorism.

The terrorist actions of Hamas have no justification, no legitimacy, and must be universally condemned.

There is never any justification for terrorism.

Steven Paull

JP (Qual) President

WhatsUp in Disability

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WhatsUp Mike Paton Mike is a Collingwood supporter which is hard to believe as he has his own teeth.

(Old Collingwood supporter joke) and we have been friends for many years, some of which we worked together on employment and training programs.

A quick background I was born in Melbourne, lived for a short time in Sydney but I did most of my growing up in Queensland.

In the 70’s my parents took a green change, moved to Queensland and went into their own business, operating Picnic Point in Toowoomba.

My first job was with Myer Toowoomba, I later went into retail with my own store with a company called Venture and later still I went into a partnership and opened the Retail Training Institute of Queensland, (this was around the time that Paul Keating put the training guarantee levy into Government policy) and formed a partnership with TAFE Queensland to promote and undertake retail training. After 2 years TAFE decided to go it alone, broke the partnership and shortly after the program folded.

So then I moved on to a new opportunity with a company called Toys R Us who had arrived in Australia and were going to take over the Australian toy market. I got to work overseas in the U.S. and returned to Australia as the national training manager and had to move to Sydney. Due to some family matters I left that job and returned to Toowoomba.

I was invited to be a part of an interest group working with schools to streamline the relationship between businesses and schools. This was before school-based apprenticeships and anything in the VET space and it was to demonstrate to businesses that we can have a difference between work experience and structured placement.

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The group had obtained a small grant to set this up and needed someone to drive this and make it into a sustainable operation.

I remember half way through the first day that I was told that I was to employ an administration trainee and I was to convince employers that there would be a fee of $35 to coordinate placements in their businesses. Something new as work experience was something that had been free in the past.

And so the DISCO journey began.

Too many young people leave school without any clue and fall into what I call “accidental careers”. One of the reasons that I’ve loved being involved in DISCO is helping kids work out what they could be really good at. Most kids are given a direction from teachers who say whatever subject you may be good at may lead you to a qualification that you can then do. But this may not be what they are passionate about.

There was a survey done in Victoria by the Vocational Research on a sample of 5,000 and frighteningly 52% said that they hated what they did every day as a worker. Hate is a really strong word, but they felt trapped, like a mouse on a wheel.

I have spent a lot of time doing research as well and about 7% of us always knew what we wanted to do like be a pilot or a dentist, then 30 % follow our parents, so if dad’s a plumber, it’s what they see and they know.

I know that we at DISCO have put kids into careers that a having happier lives, having better relationships, we are helping more kids work out what to do and on average we are assisting around 3,000 kids per year.

One of the programs that I’m most satisfied about, and BigDog has been a long-term supporter, has been our School Leaver Program. One of the most unexpected things to come out of that has been the gratitude of parents. Because we ring up to ask how

The DISCO Journey

by Steven Paull their son or daughter is going. We would have a chat and let them know that we partner with the school to make things happens.

This has given us massive support from parents.

I have always been impressed how our region works in partnership with other stakeholders and probably assumed the way we operate was the ‘norm’. Recently, after visiting some other Queensland communities, I have noticed how many groups and associations operate quite independently from others. The sharing of resources and collaboration seems to be more frowned upon than embraced. There is a focus on protecting what they have rather than connecting with others to work out the best way forward and support each other.

Our approach has always been one of collaboration and I think we always benefit from sharing and connecting with others rather than the opposite.

Here are a couple of examples… Recently our James St site in Toowoomba was visited by the Toowoomba Regional Council Youth Leaders. The Youth Leaders Program is a volunteer platform for young people aged 14 to 24 to become involved with Toowoomba Regional Council.

The program allows young people from across the region to learn about their local communities’ groups, events, activities and youth services.

At DISCO we welcome young men and women into our service so they can see what we do and in the case of this visit explain how our Get Set for Work program in Toowoomba operates. This enables these young men and women to advocate for us and share the message that we are keen to help.

Continued next page

WhatsUp in Disability

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WhatsUp DISCO Another example of regional collaboration is our developing partnership with Golden West Apprenticeships. Recently I met with their CEO Camille Johnson to discuss how we could partner to assist them to fill their vacancies and link our clients to some of these opportunities. This trial will then led to further investigation of their registered clients to see what DISCO can do to activate people who may be registered with Golden West.

This occurs because sometimes potential clients register with Golden West when work in their specific interest area is unavailable or they may not necessarily be work ready and need assistance with resume development or possibly interview skills. Consequently, this is where DISCO comes in because we can work with these individuals to improve their employability and increase their chances of success at an interview.

I have an amazing team of people. Our strength is that we have a single purpose of supporting 15 to 24 year olds, our weakness is that too, and over the years a lot of youth agencies have become generic NGOs working across the spectrum. Helping mums returning to the workforce, migrants and refugees coming into the community (and others).

Our Board has remained really committed to our mantra of just being a youth agency and this is something we review every time we do our strategic plan. I have a board of 9 made up of a combination of industry and education representatives and I’ve been very lucky over the years as just about everybody has been there for the right reason.

I’m really proud of what we have been able to do as an organisation, I know that we have made positive differences for thousands of kids.

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by Neil Davy

The DISCO Sovereign As you are all aware DISCO has now been operating consistently for more than 20 years.

In this time our organisation has supported thousands of young people and employed hundreds of people.

You could say we have matured as an organisation. We have persevered, thrived and stayed the course through challenging and uncertain times.

I believe the key to our success has been our determination and commitment to our ideals.

By not wavering we have demonstrated the very qualities that are so important to the young people we seek to support.

Qualities like commitment, determination, persistence and patience.

The Sovereign represents the organisation’s highest honour and reflects an individual or an entity that has been instrumental to the organisation’s success.

I believe that DISCO’s success comes from the foundations created by key people and organisations whose contribution has helped make the organisation what it is today.

The Sovereign displays

many messages

commencing from the sunrise which sits below the faces. This exemplifies the new day and the prospect for hope and opportunity.

This leads into the faces of young people growing up with references to yesterday, today and tomorrow. These faces highlight the different stages moods and characteristics of the young people we support. Optimism and hope in the middle, consideration and contemplation on the left and uncertainty and doubt on the right.

Above the faces on the coin are stars and are symbolic and linked to the phrase to ‘reach for the stars’ which is what we encourage young people to aim for.

At the top and on the left and right of the coin you will see references to compass points with West, East and North visible.

This reference links to a Moral Compass and to direction and links to the crossroads and decisions that young people need to consider when choosing the right path.

For those of you who know our logo you will see the coin is framed around an industry cog which highlights how important industry and business is to DISCO and the youth we support.

On the rear of the coin our message is simple...

Recognising an Outstanding Contribution WhatsUp in Disability

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Big Visions Book To celebrate World Sight Day 2023 Vision Australia released the final instalment of the Big Visions book series, which has aimed to inspire kids of all abilities to be whatever they want to be when they grow up.

Based on the accomplished lives of Australians with blindness or low vision, each book in the series is intended to alter people’s expectations of what a person with disability is capable of.

The book, released ahead of October 12, 2023, follows Nikki’s journey to become a fashion designer — defying the many hurdles she had to overcome through stigma and rejection.

Approximately 18 years ago, Nikki suffered a stroke and lost 50% of the field of vision in both of her eyes. Having been legally blind in her left eye since birth, the stroke left Nikki permanently legally blind.

“After suffering permanent vision loss due to a stroke, I was left shocked and wondering what to do,” Nikki said. “Many doors that had previously been open for me were slammed shut and I was advised by medical professionals and others that pursuing a career in fashion design was not achievable for me.”

“However, I thought back to how fashion made me feel when I was growing up; it transported me to a creative and happy place while giving me a sense of purpose.

That’s a feeling that I wanted to reclaim, so I decided to pursue it despite what other people told me.”

Nikki enrolled in a TAFE course in fashion design to learn the skills she needed to bring her designs to life. After creating her first collection, producing photography and piecing together marketing materials — she knew she was on the right track.

Nikki’s journey, shared in Dressed for Suc-

cess, exemplifies the potential of individuals with blindness or low vision, inspiring people all across Australia.

According to Vision Australia library services business manager Vildana Praljak, individuals with disabilities are frequently excluded from meaningful career opportunities from a young age.

“One of the most common questions a child is asked is what they want to be when they grow up. However, this same question is rarely posed to [a] child with a disability due to an assumption that they cannot achieve the same goals as their peers,” Vildana explained.

58% of people who are blind or have low vision and want to work are unemployed — compared to a 14% unemployment rate in the wider Australian population.

“Like others with disability, Nikki has gone on to have a successful career in a field of her choice and she wants others to know about it so they can believe they can do the same,” Vildana said.

There are approximately 453,000 people in Australia who are blind or have low vision, with that number projected to grow to 564,000 by 2030.

To pick up a copy of Dressed for Success visit the Vision Australia website to place an order. Ed

WhatsUp in Disability

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WhatsUp NDIS NEWS Providers Fined for Restrictive Practices

Unauthorised

The NDIS Commission has recently issued 22 infringement notices, carrying penalties of a combined total of nearly $400,000, to six registered NDIS providers for the alleged use of unauthorised restrictive practices.

Read the full media release here.

Price Differentiation Guidance The NDIS Commission is taking action to address price differences in the NDIS Provider market, following reports that some providers are charging NDIS participants more for the same services than those delivered outside the scheme.

Commissioner Tracy Mackey said any price differentiation, where a provider sets a higher price for a product or service offered to NDIS participants compared to others would need to be justified. "Where a price difference cannot be justified, it may be considered a ‘sharp practice’ and constitute a breach of the NDIS Code of Conduct."

The NDIS Commission has developed guidance material to help participants and providers identify where sharp practices may be occurring and what action they can take in response.

SDA Demand Earlier this month the NDIA released the final element of the Specialist Disability Accommodation (SDA) Pricing Review process – the SDA Pricing Review 2022-23 Demand Projections Report. The Report provides demand projections for SDA both in terms of geographic locations and design

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categories. It goes through to 2042. Read the full analysis here.

PACE Update On October 30 the NDIA will begin to roll out their new business system PACE. The introduction of the system will see a number of significant changes including: The end of service bookings as a way to manage NDIS plan funds and assure provider payment Introduction of 'endorsed providers' Updates to plan flexibility rules, and support catalogue terminology New processes and templates for support coordinators and psychosocial recovery coordinators.

These changes will affect each organisation differently, but all providers that use the NDIA Provider Portal will need to be aware of what is changing.

Royal Commission The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (DRC) has handed down its final 12 volume report with 222 recommendations.

Disability Rights Act The DRC recommends the Australian Government establish a Disability Rights Act to translate the international human rights set out in the Convention on the Rights of Persons with Disabilities into domestic and enforceable Australian law. Some Commissioners believe the Act should initially cover public authorities and be reviewed within 5 years to see if the duties should be extended to private sector providers under the NDIS. Others believe private entities should be included from the outset.

National Disability Commission The proposed Act would establish an independent statutory body called the National Disability Commission which would have capacity-building functions as well as powers to address non-compliance with the Act, including through inquiries, enforceable undertakings, compliance notices and injunctions.

A New Government Portfolio

group homes over 15 years and ADEs over 11 years.

Disability Services (Volume 10) Recommendations include:

• NDIS Commission to invest in increased capacity building for providers

• NDIS Rule to ensure independent support coordination

• Practice standards and guidance in supported decision making

• A national disability worker registration scheme

• Provider of last resort scheme • Risk-based reportable incidents to reduce volume to the NDIS Commission

• Model policies and procedures • Complaints system enhancements including opportunities for redress and reporting on investigations and engagement

• Improved governance including updates to the standards, new guidance and access to specialist governance safeguarding expertise

The DRC has recommended a new Department of Disability Equality and Inclusion.

This new proposed Ministerial portfolio would also include a new National Disability Commission, the NDIA and NDIS Commission.

• Enhanced information sharing relating to

Reducing and Ending Segregation

• Reduction and elimination targets and

Commissioners are split over the future of segregated settings such as special schools, ADEs and group homes. Some want to see special education phased out over 28 years,

worker screening

• Consistent restrictive practice authorisation processes based on a senior practitioner model performance practices

indicators

for

restrictive

• A longitudinal study of the impact of positive behaviour support

WhatsUp in Disability

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Thalidomide Apology

By Crispian Yeomans ABC 18 October 2023

Thalidomide survivor Trish Jackson has for decades been calling for a national apology — and now she is about to receive one.

Prime Minister Anthony Albanese has invited thalidomide survivors and their families to Canberra on November 29 to say sorry.

Ms Jackson has learnt since birth to do everything, from peeling potatoes to painting portraits, with her feet.

Thalidomide caused severe harm to Ms Jackson while in utero, as well as tremendous pain throughout her life.

Her body was irreparably damaged by thalidomide, a drug behind a global pharmaceutical disaster.

But despite thrived.

The words that Ms Jackson has been longing to hear are due to arrive next month.

"I don't know how I feel really," she says "We fought for this for so long."

Billed a "wonder drug", thalidomide was sold to pregnant women to treat morning sickness in the late 1950s and early 60s.

The drug was found to cause birth defects as late as 1961 – but the federal government failed to recall thalidomidecontaining medicines from pharmacies even after the side effects became known.

her

pain,

Ms

Jackson

has

She finished school, worked in administration, health and even in a pharmacy, ran a household, and raised a "beautiful" daughter alongside her husband, Trevor.

She can peel potatoes with her feet, cook a roast, and is an artist who uses acrylics and watercolours to paint the beauty around her — from landscapes and flower arrangements to likeness portraits.

"There's more than one time that I've got a mouth full of paint as I try to get the lid off [the tube]," she says with a laugh.

WhatsUp in Disability

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WhatsUp

Legislation

New legislation a potential gamechanger for contractors

even if it’s wearing a name badge saying “woof, woof I’m a dog, honestly.”

You have probably heard about the Closing Loopholes industrial relations legislation being introduced by the Commonwealth Government. Depending on your choice of news source these changes will bring about the end of the civilised world or they will create a more level playing field for many workers.

The new definition for a casual employee is based on:

The Closing Loopholes Bill (or to give it it’s full name, from the Labour government to fulfil their pre-election Industrial Relations (IR) reform promises. I’ve written about some of the previous changes Like the others, this round includes a large number of reforms, but there’s a couple of highprofile ones that are likely to have a significant impact on our sector.

• Whether the terms of the employment are

Political nerds will note that the legislation hasn’t officially been passed yet, but we expect it to get through in its substantive form sometime soon.

time employees doing the same kind of work.

New definition of casual employee The proposed legislation includes a new definition to differentiate between causal and permanent employees. Over the past few years, the way that a casual employee is defined has been determined by the type of employment offered, usually through the employment contact. The new definition expands that to include the ‘substance, practical reality and true nature of the employment relationship’.

This means the whole relationship between employer and employee is now assessed, not just the wording in their contract. I.e. if it looks like a duck, and sounds like a duck, and walks like a duck, it’s probably a duck

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• There being “an absence of firm advanced commitment to continuing and indefinite work”.

• Whether there is a regular pattern of work. agreed - this can be in an agreed contract, or a demonstrated mutual understanding between employer and employee.

• Whether the employee can accept or reject work offered by the employer.

• Whether there are other full time or part

There are also new rules around the conversation from casual employment to permanent employment, and new dispute resolution measures for dealing with disagreements about casual status.

As a provider, if you engage casual workers it’s worth reviewing your operations - not just the wording in your employment contracts - to see where these changes might affect you. The risk for some providers is that workers you considered as casual may be classified as not casual, meaning a whole raft of employee obligations on pay and conditions might apply. This change is proposed to take effect from 1 July 2024, which isn’t a whole lot of time if you engage a lot of casual employees.

Closing Loopholes

By Rob Woolley 21 October 2023 Employee-like workers labour platforms

and

digital

The changes create a new category of ‘employee-like worker. ’It aims to address some apps and platforms engaging workers as contractors when the relationship often looks more like an employer-employee relationship. Like the classification of casual employment, it’s holistic - so the whole work relationship will be looked at rather than just the contract. And the focus is on workers on platforms that have low bargaining power, low autonomy over their work and pay rates comparable to employees. This reform is a biggie, and it could potentially affect tens of thousands of participants.

These changes add a new definition of ‘digital labour platform’ into the Fair Work Act, meaning “We know from the that more than 13,000 NDIS participants access supports from a digital platform provider.

We’re not just talking about Uber and Menulog here. The Minister for Industrial Relations said that apps used in the “care economy” (his words, not mine) will be covered. But things like Airtasker, Facebook groups, WhatsApp groups and other more informal networks, even if they use an app, won’t be covered by this change. One of the key determining features is that the platform has to process a payment in some way.

For workers found to genuinely be independent contractors, there is no change.

If a worker is getting work through a digital platform but is deemed to actually be an employee-like worker, that doesn’t mean they automatically have to stop being a contractor and start being engaged as an

employee. But the new definition does allow the Fair Work Commission to create Awardlike minimum standards for workers who are defined as employee-like. These minimum standards can cover a wide range of things including rates and conditions. But these are just new powers for the Fair Work Commission, not mandated actions. So we don’t know what these changes will affect in practice.

The Commonwealth government isn’t aiming to kill these platforms (a big part of the economy would collapse if that happened), but to level the playing field in situations where they believe some digital platforms use a blanket contractor approach to skirt around meeting some employee obligations.

It’s fair to say that if I can stay in bed and have a bahn mi delivered to my door for only a few dollars, someone somewhere is getting the short end of the stick.

There are also new rules around ‘unfair deactivations’ from digital platforms. And the Fair Work Commission can hear contactor’s disputes about unfair contract terms.

Given the number of platform providers has increased significantly over recent years, we can expect to see some change in how these organisations operate.

Wage theft

There are now new criminal offences for employers who are found to be deliberately and knowingly underpaying their workers.

These offences recognise that if an employee sticks their hand in the till and takes cash from the business, it’s considered a criminal offence - so why not the same for employers? This new offence is classified as ‘wage theft’.

WhatsUp in Disability

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Our Vision Our vision is to be an expert industry leader in disability and human services, with connected, reliable, quality local support for clients and families to inspire inclusion and confidence.

Our Mission Our mission is to deliver professional support services that enable autonomy for you and your family through codesigned goals to live your best life on your terms.

Our Values Integrity - Always do the right thing even when no one is watching. Respect - Give respect get respect.

Teamwork Together, everyone achieves more.

Trust - Trust is earned when actions meet words.

Family - Is Family whether it’s the one you start with, the one you end up with, or the one you gain along the way.

SUPER STARTERS TEN PIN BOWLING LEAGUE for Disabled

SUNSET SUPERBOWL 07 4634 0233

South & Greenwattle Toowoomba

10.00 am every Saturday $20 per session 3 games Sports Registration $52 (membership) Glenda (07) 4614 1136 Kathy (07) 4630 5221 Page 16

Breakaway Breakaway began in 1986 when a group of parents united to provide a respite service for families of children with a disability in Toowoomba and nearby regions.

This service was run by parents who volunteered their time, until funding became available from the Commonwealth Department of Health, Housing, Local Government and Community Services.

The organisation was instrumental in expanding the focus from centre-based group support to an individual community-based approach. Prior to this time respite resources were severely limited, and rural families were often disadvantaged by their distance to support.

In July 2004, the organisation changed its name from Manuka to Breakaway Toowoomba Inc. or Breakaway as it is known today.

Since this time, the organisation has continued to evolve and grow, resulting in more services being made available to a greater number of people with a disability and their families.

Breakaway was first granted certification in February 2007. This certified that Breakaway demonstrated compliance with the Human Services Quality Framework and indicated to our workers, clients and community that they were able to feel confident about the standard and quality of support that they would receive.

In early 2008 Breakaway purchased 1500 sq metres of land at 461B Bridge Street to build a purpose built fully accessible respite facility.

The culmination of an 8-year project ‘Breakaway on Bridge’ was officially opened in March 2015. BoB (as it is affectionately known) has 5 beds including a semiindependent unit for clients and 1 bed for

workers, as well as a large room for day respite and training.

In November 2009, Breakaway launched an innovative accommodation service to support adults with a disability with older parent carers for 24 hours a day. This service offered exciting opportunities for independent living at the time and continues to this day.

The key characteristics of this service include an appropriate level of support and a structured program of life and social skills development, promoting independence by empowering individuals through a personcentred, strength-based approach.

In 2019, Breakaway opened our first Specialised Disability Accommodation house where we assist clients with high support needs. Our service enables participants to live independently with support where required, to manage their home and activities of daily living. We now have numerous independent living options and accommodation services, in and out of home support Why the Hummingbird?

The hummingbird symbolises resilience, agility, and adaptability. Despite their small size, hummingbirds are known for their remarkable flight abilities, which enable them to move quickly and gracefully in any direction.

This characteristic aligns well with the vision of Breakaway, which aims to provide individuals with the tools and support they need to overcome challenges and live their lives to the fullest.

Additionally, the hummingbird's vibrant colours and energetic nature help convey a sense of optimism and positivity.

WhatsUp in Disability

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WhatsUp The Podcasts

Hello and welcome to What’s Up in Disability Podcast. I’m Bronwyn Herbertson and I’m Steven Paull. This program is the online edition of What’s Up in Disability Magazine.

Steven and I share half a century of experience in the Disability and Human Services sectors and will be bringing you commentary, analysis and a satirical view of all things disability. Steven can you tell us about the history of the magazine and the types of stories that it covers.

The magazine is in its 31st year. It started off as an information guide of local events that would interest people with disability. It attracted a number of story contributors including Council and people like yourself on topics that were specific to the disability sector, from the state based system through to the current and future NDIS. Each edition includes a profile of a person who has achieved great things within the sector.

Conflict of Interest Article From the September/October 2023 Edition ABC 4 Corners Investigation “Careless” At the outset, let’s review the positives of

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the NDIS. Under the old system – estimated 220,000 Australians received disability support. Now under NDIS over 530,000. Over double the amount of people are receiving support. Half a million adults and children.

Estimates are that for every dollar spent the economy receives a benefit of $2.25. Not to mention the social impact – example cost savings of keeping people out of prison, or children out of the child safety system or getting people out of long stays in hospitals.

The show aired allegations of providers billing clients and not providing the services. Of overcharging and fraud. In my experience this is happening and I have seen it happening and took the requisite action to ensure the practice ceased. Of course there are the majority of honest providers who are doing the right thing, however the system that was created was flawed, and allowed for no link between proof of service occurring and payment. As pointed out in the program, no one is verifying that the work is happening.

The program reported that the AuditorGeneral’s report found the fraud risk assessment by the NDIA was insufficient to meet the risks. And errors were identified to have

Program 1 October 2023

By Bronwyn Herbertson and Steven Paull

cost the scheme $606 million.

They detailed the experience of a person living in a hostel under the NDIS. This story was all too familiar to me and mirrored the experience of my family member. It has taken me 5 years to get him out of a hostel and I am happy to report that he is now in supported accommodation and much happier.

But it was a struggle, and I empathise with the families, parents and friends who are trying desperately to get the best outcome for a loved one.

The Quality and Safeguards Commission: people being allowed to keep being providers even after unlawful practices discovered.

Also expecting people with disabilities to contact them directly and report being trafficked. So many of our participants are unable to be their own advocates for many reasons – some are totally non-verbal, intellectual disability, cognitive, ABI, severe psychosocial disability. The idea of them calling the Commission is laughable.

Issues with 5 people per house. Under the old system – working towards a reduction of number of people in supported accommodation. Not socially inclusive to have 5 unrelated adults living together. When does a house become a facility? Also issues with disaster and emergency responses. And matching problems – how difficult it is to match co-tenants let alone 5 people?

What were your thoughts of the so called “therapy” for children that was shown?

My thoughts were: barbaric, abuse, assault, the opposite of any concept of therapeutic.

Disturbing, upsetting and totally unlawful.

Where are the criminal charges? That was hard to watch – but necessary to see. And a prime example of why the system needs an overhaul.

That is a good lead into our: 5 Ideas for improving the NDIS 1. Means test it. Aged Care example. Sliding scale. People value services more with a client contribution – maybe less cancellations.

A healthy discussion on the for or against.

Steven wasn’t going to agree but was swayed by Bronwyn’s presentation.

2. All providers to be registered.

“Any man and his dog can just say I can make some money out of this and I’m going to and put it out there that I’m the best support worker in the world because I’m friendly and nice. Everything is fine until the proverbial hits the fan.”

3. Back to a whole of society response and Government departments to do their bit.

There is now less cooperation between services. If no NDIS then there is no service.

There is the assumption by State Governments that the NDIS will cover everything.

4. Funding for Case Management. Lack of oversight and case management under the NDIS model.

Meet with providers and develop plans.

5. Mental health – back to State Health or a national scheme funded through Health. Recovery framework vs permanent disability, mental health act vs restrictive practices, block funding more appropriate for people with changeable needs.

We both agreed. Mental Health is based on a recovery model not a lifetime disability.

To watch the complete podcast go to: https://www.youtube.com/watch? v=yv4feMYAiBY

Please Like and Subscribe

WhatsUp in Disability

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WhatsUp

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Community

Champions

by Steven Paull

"Champions" is a heartwarming sports drama that shines a spotlight on the incredible journey of an underdog basketball team, led by the evercharismatic Woody Harrelson. This film, directed by a rising talent in the industry, is a compelling story of resilience, teamwork, and personal growth.

Woody Harrelson plays the role of Coach Mike Sullivan, a once-promising basketball player whose life took an unexpected turn, leaving him coaching a community intellectual disability basketball team in a small, economically disadvantaged town.

Harrelson's performance is nothing short of outstanding, as he brings both humour and depth to his character. His portrayal of Coach Sullivan is a masterclass in balancing the tough love necessary to inspire a ragtag group of young athletes with the vulnerability and personal redemption that comes with his character's arc.

The supporting cast is equally remarkable, with standout performances from the young actors who make up the basketball team. Each character has a unique personality and story arc, making it easy for the audience to invest in their success.

The chemistry between the cast members feels genuine and adds a layer of authenticity to the story.

"Champions" explores the classic sports movie formula, but it does so with a refreshing twist. While it doesn't shy away from the tropes we've come to expect from the genre, it approaches them with a level of sincerity and emotional depth that sets it apart. The film effectively navigates the challenges faced by the team, both on and off the court, addressing issues like poverty, racial prejudice, and family struggles.

The cinematography and soundtrack contribute to the film's overall charm. The basketball scenes are shot with energy and skill, capturing the intensity of the

games and the growth of the team. The musical score complements the emotional beats of the story, enhancing the viewing experience.

One of the film's main strengths lies in its ability to blend humour and drama seamlessly. There are moments that will make you laugh out loud, and others that will tug at your heartstrings. This balance keeps the audience engaged and invested in the characters' journeys from start to finish.

While "Champions" may not break new ground in the sports drama genre, it's an enjoyable and emotionally resonant film.

The story is well-executed, the performances are excellent, and it delivers a strong message about the power of determination, teamwork, and the pursuit of dreams. For fans of underdog sports stories and those who appreciate the talent of Woody Harrelson, "Champions" is a slam dunk.

WhatsUp in Disability

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WhatsUp The Business disABILITY Awards displayed the remarkable work employers and the business community do to promote inclusivity.

Co-founder Kim Stokes said it was an extraordinary night.

(WhatsUp in Disability 100th Issue May/June 2021) “There was a feeling to the night that is hard to describe … everyone came down to an equal level where it didn’t matter about labels and titles but rather about ‘what does that person do to help the community’,” Ms Stokes said.

“It humbles you and makes you understand where you are putting your time and focus.

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s It makes you sit back and reflect.”

Ms Stokes said many people approached event committee members to inquire about learning how to improve their workplace to be more flexible and inclusive.

“That was the goal, getting that butterfly effect. It really became a huge networking event,” Ms Stokes said.

“It’s all about standing up for those who do not have a voice.”

Education and Training award winner Alyce Nelligan said she was really humbled and touched to be nominated.

(WhatsUp in Disability Issue September/ October 2021)

WhatsUp in Disability

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Warrina Services is a specialist support agency that has been providing individual support to people of the Darling Downs since 1986. We support people with a diverse range of needs and also provide mental health services to assist personal recovery.

(07) 4659 5662

We can help you to achieve positive outcomes in your life.

These may be related to choice and independence, education or training, attending social activities, increasing skills, getting a job or contributing to your community.

If you would like further information please visit our website

www.warrinaservices.org.au Or contact us Phone: 07-46 380 399 Email: warrinas@warrinas.com.au or visit our office at

172 Bridge Street Toowoomba Office hours Mon-Fri 9-5pm

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IDPwD

International Day of People with Disability International Day of People with Disability (IDPwD) is a United Nations (UN) observed day recognised on 3 December each year.

It is a day to promote community awareness, understanding and acceptance of people with disability—to be part of creating an inclusive and diverse community in Australia. According to the Australian Bureau of Statistics, one in six people, or 4.4 million Australians, have disability.

Not all disability is the same, and some disabilities are invisible. By joining the conversation and listening to the stories of people with disability, we can challenge our own perceptions and help make positive changes in the community.

Margherita Dall’Occo-Vaccaro describes herself as a young woman, migrant and queer, with physical disability. She’s also a busy law student and passionate disability advocate.

Margherita spoke to IDPwD about her recent experience as a delegate at the 16th session of the Conference of States Parties to the Convention on the Rights of Persons with Disabilities (COSP16).

“It’s for a week, it’s tiring and it’s a lot of work,” Margherita says.

“The most important thing to come out of it, I feel, is yes you meet people internationally and, yes, you understand the scope of these issues internationally.

“Even more so, the important thing is bringing back information from these international events into Australia and to young people specifically.

“To help them understand what new ideas and new concepts are being brought forward, and new human rights tools they can use in their advocacy and in their work.”

“In general, the minimum that I would at least like to do is be able to advocate for a more inclusive legal practice. One that supports lawyers to be open and honest about their disabilities; and also any accommodations or adjustments they need, without feeling they’re any less a lawyer.”

WhatsUp in Disability

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WhatsUp In September, the NDIS Commission released the results of their Own Motion Inquiry into platform providers in the NDIS marketplace. This was the result of months of research and consultation by the Commission, following years of the strong opinions from fans and critics alike.

The results of the Inquiry are quite remarkable - in depth, breadth, detail and, frankly, in tone. The NDIS Commission brings it in this Report. I was shocked by how clear, strong, and well-researched the Report was, reflecting the methodology of the whole Inquiry. In parts it feels like the Commission is Beyonce and this is their Lemonade - enough of dancing around things, no more punches pulled, a fresh attitude, and some great pithy soundbites.

Background But firstly, what is an Own Motion Inquiry?

Essentially the NDIS Quality and Safeguards Commissioner, like many regulators, has powers to look into matters without requiring a significant formal complaint.

Usually, a complaint needs to be made or an incident needs to occur for a regulator to start an inquiry, but an Own Motion Inquiry does what it says on the tin - the regulator is using their own motion to look at an issue more closely. These powers are often used when there are indicators of a systemic problem or emerging issue that needs to be looked at closer.

In this case, the Commission initiated the Inquiry to establish and better understand the participant experience on platform providers and examine the possible regulatory implications.

Seeking to understand how platform providers operate, why participants choose them, and what needs to be done to improve service quality and safety.

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One more important note: although many people hear platform provider and think ‘that’s only Mable and HireUp’, this part of the market is much more than just those two organisations. The Commission defined platform providers as ‘online platforms and online subscription services that connect workers with NDIS participants’, which is pretty broad.

So, it’s bigger than just two major names (the Commission directly compared 13 platform providers for pricing transparency, for example. And there are others). And it’s growing.

Scale of the Inquiry The Commission stated that more than 1470 people contributed to the Inquiry. They provided all the data and summaries in a number of Data Supplements. Which is a fantastic move, being able to see the data that has led to the conclusions in the Report is a level of transparency I don't think I've ever seen from the Commission before.

This ain’t a kill job One thing the Commission isn’t looking to do with this Inquiry is to kill the platform provider market entirely. The Commission states that ‘there is a place for Platform Providers in the NDIS market. Participants were clear about this.’ That’s a pretty strong statement from a regulator, that this model has a place in a diverse market of support services.

The Commission was equally strong, though, on where it thinks platform providers aren’t meeting expectations.

Statements like ‘from a safeguarding perspective, regardless of how uncertain or complex the service relationships may be, our regulatory position is simple’ make it clear that there is more to be done.

Platform Providers

by Rob Woolley 22 September 2023 The platform provider market

Service characteristics

In the period 1 July 2022 – 31 December 2022, over 13,000 participants engaged services and supports through a platform provider. The Report states that the NDIS Commission independently verified that of the 13,161 people who interacted with platform providers during that period, 98% of those people were active participants.

This ‘independent verification’ is a level of detail I was surprised and delighted to see from the Commission.

Few participants reported that they wanted to engage a platform provider specifically: most were focussed on finding service relationships that were a good fit and worked well for them.

In terms of funds management types, 65% of participants who use platform providers are plan-managed and 17% are fully selfmanaged. The self-management figure was probably the most surprising, as it’s below the national average of 23% of participants.

Additionally, from their own data the Commission has concluded that participants with a high level of reported function are less likely to use platform providers. So, we have what seems like a bit of an anomaly: platform providers offer extreme choice and self-direction, but self-managers and those with higher reported levels of functioning are using them less.

Nationally, 25% of participants who use platform providers are 18 and under, compared to more than half of all participants in the NDIS. Participants who self-identify as First Nations Australians and Culturally and Linguistically Diverse are less likely than other participants to use platform providers. The outlier for diversity seemed to be people who identified as LGBTQIA+. with 11% of survey respondents and the Inquiry heard that these participants appreciated how platform providers allowed them to easily filter for workers who were inclusive, supportive, and respectful of their identity.

The self-direction of people using platform providers is reflected in 41% of survey respondents stating they do their own research to identify platform providers, rather than relying on Support Coordinators or Plan Managers (15%) or being driven by advertisements (4%). The Inquiry also heard that participants were less interested in formal qualifications and more in the attitudes of workers, and individualising the support being delivered so that it’s genuinely person-centred.

Finally, a theme echoed through the Inquiry was the ease of accessing supports through a platform provider while traveling.

Participants highlighted the benefits of touching down in a new city and having potential workers at your fingertips, rather than going through a lengthy intake process with some traditional non-platform providers.

Employee vs contractor vs something else The status of workers delivering the support was covered in detail in the Report. For example, is the person delivering the support an employee, a contractor, or something else? And how clear was that status to the participant? What did that status mean there was an incident? Though it’s important to remember that the NDIS Commission is not Fair Work Australia. The Commission has no control over broader Industrial Relations changes.

Continued next page

WhatsUp in Disability

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WhatsUp Overall, the Commission found that the relationship(s) between the participant, the platform provider and the worker was unclear. 70% of workers who engaged with the Inquiry considered themselves the employees of the platform provider, even if they technically weren’t. Participants had similar views, with 50% considering themselves the consumer and the platform provider as the employer. There has been a fear (I can’t say if it’s real or perceived) swirling around for a while now that participants are actually the employer and have a whole host of employer responsibilities and obligations that very few people are prepared for.

That gap between the employment status a worker has on a platform provider, and their actual employment status, is concerning.

Whether employee or contractor, there was an expectation from participants that worker screening and probity checks would be managed by the platform provider. The Commission stated that the problem isn’t one engagement model or another, the problem is when the relationship isn’t clear.

Choice and control and personal safety Front and centre in the report is the pretty strong statement that ‘exercising choice and control should never be at the cost of

Page 28

personal safety.’ The biggest fans of the platform model have always said that it’s about choice and control. This Inquiry also found that when asked about the benefits of working with platform providers, 40% of respondents said, ‘choice and control’.

The report doesn’t hold back when it talks about safety, describing unsafe experiences with engaging unsuitable workers, unmet expectations about how platform providers deal with and respond to safety concerns, poor consumer experiences, and platform providers applying safeguarding practices in a varied and often insufficient way. Many would say that these issues are also rife in other providers, but this wasn’t an exercise in comparison. What the Commission is clear on is that platform providers still have obligations in quality and safety even when the primary relationship is between the participant and the worker - and that platform providers can and should do more.

It’s hard to work out the role that quality and safety plays in people deciding to use a platform provider. The Commission stated that only 6% of participants identified quality and safety as a benefit to using a platform provider (but we don’t know whether that’s in line with how people pick other, non-platform providers). The whole sector certainly has work to do in communicating what individualised quality and safety looks like in practice, and making it work one person at a time.

But with platform providers specifically, the Commission aren’t pulling any punches they state, ‘participants say more needs to be done on safety and quality – and they are right’. Some key findings in the report are:

Safeguarding practices are ‘varied and often insufficient’.

Background and probity checking practices are ‘variable’. And ‘any background or probity arrangements that do not build in independent verification and ongoing monitoring are, in our view, insufficient.’

‘Agreements that participants are required to complete to sign up to platforms are complex and onerous’, meaning there can be confusion about each party’s rights, responsibilities, and necessary next steps if things go wrong.

The Commission also heard ‘concerning accounts relating to complaints and grievance processes and the handling of personal information.’

Also, that ‘participants did not feel supported’ raising complaints. In fact, some people felt “demonised” when they made a complaint to the Platform Provider and were threatened with being “kicked off” of the platform if they showed they were unhappy with the service.’

When discussing why some platform providers aren’t making widespread use of the NDIS Worker Screening Scheme, the Commission theorized that ‘it is also possible that Platform Providers avoid promoting use of the NDIS Worker Screening scheme because it would increase the visibility the NDIS Commission has of all the individuals linked to their platform.’ Pass the after sun, what a burn!

It’s a really thorny, complex topic but the Commission seems to have started being more direct than ever before.

Follow up actions This was a big, thoroughly researched piece of work that would have put some noses out of joint. So I’m delighted that the Commission completed it, as that’s what they are there to do, right? We want a provider regulator that is not afraid to make strong statements where they are needed, especially where they publicly publish data to illustrate the statements. And boy are there some strong statements in this Report.

The Commission also listed some follow-up

actions it would take, including:

• Undertake

work to better support participants to make informed decisions as consumers of Platform Provider services

• Establish a consistent and best practice approach to safeguarding Platform Provider services

across

all

• Seek to increase transparency around Platform Provider activities, starting with pricing

• Regulate more directly the workforce of NDIS providers which the Provider market has created

Platform

• Address the privacy concerns identified’.

It’s interesting that the Commission listed this as a follow up action, because the word ‘privacy’ is only mentioned four times in the report. There was reference to the sensitivity of data held by platform providers and how they collect and treat that data, including in things like chat logs between workers and participants and how that information is managed between the platform and the worker.

The Commission committed to ‘explore the issues relating to use of personal and sensitive information by Platform Providers further’, also noting that these issues may apply to non-platform providers as well.

There is a role in the market for platform providers, just like there is a role for sole traders and traditional providers and partnerships and social enterprises and lots of other organisation types. This Report gets to the heart of some of the ideas and concerns that have been circulating for a while. Platform providers are not perfect, and they are not evil, but this Report gives a clear roadmap for where the model can improve as the NDIS market matures.

As part of the Inquiry the Commission attempted to assess and compare prices across 13 platform providers…and found that it’s complex and unclear, with a range of different pricing models and approaches! Ed WhatsUp in Disability

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WhatsUp in November

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WhatsUp in December

To spread the word about your next event contact WhatsUp on (07) 4632 9559 or email spaull@bigdogsupport.com.au WhatsUp in Disability

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WhatsUp mycommunity www.mycommunitydirectory.com.au

With Sarah Rossiter Reduce Water Usage Toowoomba Regional Council (TRC) is reminding residents of Highfields, Kleinton, Cabarlah and Meringandan to stick to the region’s target of 200 litres of water usage per person per day, after an “urgent water restriction” notice was issued yesterday.

TRC Deputy Mayor and Water and Waste Committee Chair, Rebecca Vonhoff said residents in these areas are asked to reduce and conserve water use.

“We need residents in the Highfields, Kleinton, Cabarlah and Meringandan areas to remember that there is a target of 200 litres per person per day for water usage,” she said.

“Across the hot weekend of Saturday 14 and Sunday 15 October, we saw residents in these areas using substantially more than this amount, around 306 litres per person per day on average.

“Mondays are a no outside water usage day across our region as a matter of course and we ask residents to abide by that today,” Cr Vonhoff said.

She said the extremely high water use over the weekend exceeded the volume that could be delivered to local reservoirs by the existing water infrastructure.

“Such extreme water use is not sustainable and if it continues it will result in intermittent interruptions to residents’ water supply while drained reservoirs are refilling.”

“In the short-term, Council has maximised flow rates to the Borghardt Road reservoir through a valve at Lawrence Road in an efPage 32

fort to replenish the reservoir quicker.

“In the long-term, construction of a dedicated trunk main from the Mt Kynoch Water Treatment Plant to the Borghardt Road reservoir is underway with completion scheduled for mid to late 2024. This trunk main will help resolve the current network capacity issues being experienced.”

“We also recognise that the area of Highfields is one of the fastest growing parts of our region and the eventual construction of an additional reservoir for the area in the longer term will provide additional storage capacity and resilience in future,” Cr Vonhoff said.

For full details of current water restrictions visit Council’s web site at https:// www.tr.qld.gov.au/environment-waterwaste/water-supply-dams/water-restrictions -conservation/13939-current-waterrestrictions Pool Safety Fencing With a hot summer in store, Toowoomba Regional Council (TRC) is reminding residents to keep pool safety fencing laws front of mind before purchasing or filling temporary inflatable pools.

TRC Environmental Health portfolio leader Cr Tim McMahon said state pool safety fencing laws applied to all existing in-ground pools, spas and temporary inflatable pools that can hold 30 centimetres or more of water.

Cr McMahon said safety must be residents’ top priority before enjoying a dip to cool off in the hot weather.

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WhatsUp Executive Team

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Some of the BigDog group (from left) Kyle, Mishel, Dylan, Monique, Ann, Henry, Emily and Bodie who participated in the Hike for Homeless.

Hike raises $50,000 1,003 people register for annual event in eighth year helps support homeless by Peter Hardwick Base Services co-ordinator Nat Spary said “We are just very grateful for all the help from the community groups and volunteers, it was a great day.”

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