NDIS’ Transport component & Qld’s Public Trustee interface

ripple-effect issues we raised NDIS created ripple-effect issues we raised Public Trustee (PT) isn’t paying for ANY transport costs from their PT administered funds – redirects enquiries to NDIS package PT has requested NDIA for PT administered NDIS-eligible persons to any levels 1,2 or 3 transport funds to be rolled up and accessed by agencies via the portal PT has questioned community agencies in respect of the price charged by them for transport PT has not paid invoices for over 1 year for at least 1 agency involved in this lobbying work PT staff unapproachable and fail to timely respond to agency enquiries in relation to transport and other service supports

What we’ve done These issues raised by 2 Nth Qld agencies as part of TDSA call for issues related to NDIS and transport as part of our lobbying work TDSA via e-bulletin asked for any other agencies having encountered any issues since introduction of NDIS Public Trustee’s Director of Disability Services attended OPG convened joint meeting. NB: this person made comment that as a parent he had been through the NDIA planning meeting with his child, so knew how the NDIA process works. TDSA and representatives from the 2 agencies phone linked into meeting to flesh out our issues and understand their perspective. Post-meeting TDSA sent letter outlining our understanding of their perspective to allow them to ensure what follows is fully accurate of their position. Their response to our issues is >>>>>>>

PT response to our issues The Public Trustee of Queensland (PTQ) is appointed to act as financial administrator/attorney for clients, pursuant to the provisions of the Guardianship and Administration Act 2000 (QLD) and the Powers of Attorney Act 1998 (QLD).  A financial administrator / attorney for financial matters is restricted to making decisions concerning those assets and income that is owned by the individual.     The NDIS is a funding mechanism and funds are paid for services to support the individual but the funds do not belong to the individual and if unexpended on the services must be returned to the NDIA.   Consequently a financial administrator/ attorney is unable to receive or make decisions in regards to those funds under the authority given by the Queensland legislation.

PT response to our issues The Public Trustee of Queensland (PTQ), upon seeking independent legal advice and advice from Crown Law, has made a business decision that it is not in a position to act as a Funds Manager for any client’s NDIS funding nor can we accept an appointment as a Plan Nominee or Correspondence Nominee as prescribed under the National Disability Insurance Scheme (Nominees) Rules 2013 as they currently stand.   It is for this reason that the PTQ has advised the National Disability Insurance Agency (the NDIA) that the most appropriate funds management option for our clients; as per the National Disability Insurance Scheme (Plan Management) Rules 2013, is for the funds to be Agency managed.  The decision is of course one for the NDIA.  This includes the management of any Transportation Allowance funding. The PTQ will continue to act as financial administrator / attorney for financial matters for all clients, irrelevant of whether they are a NDIS participant or not, inclusive of the management of any pension or allowance entitlements pursuant to the provisions of the Guardianship and Administration Act 2000 (QLD) and the Powers of Attorney Act 1998 (QLD).

PT response to our issues Though the PTQ may not manage the NDIS funding on behalf of a client or accept appointment as a Nominee, the PTQ requests copies of our client’s NDIS plans from the client, their existing supports and their appointed Guardians; including the Office of the Public Guardian, pursuant to s44 of the Guardianship Administration Act 2000 (QLD).  Whether the PTQ receives a copy from those parties is a matter of happenchance as the NDIA advises the parties not to give copies of the plans.

PT response to our issues Each PTQ client is assisted in developing a PT budget detailing all personal income and expenses as well as future capital expenditure.   The budget supports the client’s lifestyle to ensure their needs are met both now and into the future.   The PT budget takes into consideration any expenditure required by the client to support the implementation of their NDIS plan in the payment of services or supports that are not considered ‘Reasonable and Necessary’ by the NDIS. If the PTQ receives an invoice for services or supports that may be considered ‘Reasonable and Necessary’ as outlined by the NDIS, the PTQ will make enquiries with the client’s support coordinator to confirm whether the invoices should be paid from the client’s NDIS funding prior to the release of any capital funds.

PT response to our issues The PTQ understands that the NDIS is a market-driven business model and that the NDIA takes into account market risk when setting its NDIS Price Guide.   As the PTQ is not a Plan Nominee we do not comment on prices set by the NDIA or service providers when charging against NDIS funding.   The PTQ does though protect our client’s interests for services and supports that are not funded by the Scheme by making sure that the services provided are appropriate, reasonable and affordable.   The Public Trustee employs Allied Health professionals who provide advice to Trust Officers in regards to these matters under a Community Service Obligation, therefore at no cost to the client.

PT response to our issues Where agencies are concerned about what may appear as inconsistent, poor or untimely decision-making from the allocated Trust Officer, The PTQ recommends they escalate their issues to the local Regional Manager, and if still un-satisfied to move to PTQ Brisbane Office, specifically the Director Disability Services, that is myself: Clinton Miles Director, Disability Services, Public Trustee of Qld Phone:32139125 Email: clinton.miles@pt.qld.gov.au

PT commitments post-meeting The PT has taken on to: Review the non-payment of agency invoices discussed during the meeting NOTE: PT stated that they have approx 40,000 NDIS-eligible Queenslanders who’s financial affairs they manage AND there are non-NDIS eligible people too (& for these people the PT administers their mobility allowance as used to occur for now NDIS-eligible persons)

The questions now raised How ??????? is it not discriminatory for Queensland PT NDIS-eligible people not to be able to ‘enjoy’ the same right of other non-PT clients’ discretionary use (& non-reportable use) of their NDIA levels 1,2,or 3 transport funds. Does this constitute system abuse? can the PT adequately plan an annual PT budget for their client’s NON-NDIS eligible trips when they don’t have (or request) a copy of the NDIA approved support plan OR involve community agencies. can it be timely or cost-efficient for the PT to refer specific enquiries whether a trip/s have been factored into their NDIA plan (assuming of course NDIA’s variable planning process even discussed this to any extent) or is eligible under NDIS. ‘is this process ‘looking out for’ the best interests of a PT (plus PT/OPG) NDIS-eligible person in he/her being able to use his/her approved NDIS funding to maximum personal benefit as is available to every other NDIS participant if neither Dept sees itself as it being part of their role or responsibility

What next? Raise issues with NDIA and clarify: - whether the levels 1,2 or 3 transport funds are ‘owned’ by the person given they a) replaced the mobility allowance and b) are said by NDIA to be non-reportable funds for discretionary use by the participant. - is not the Qld Public Trustee process discriminating against people with disability simply because their funds are administered by the PT - how satisfaction can be gained from NDIS participants who are with OPG 2. Seek legal advice with respect of whether PT determination, processes etc are having consequential system abuse of a person with a disability. If advice suggests yes, then pursue State Government to address issues.

Anyone interested in crowd funding TDSA to undertake this work? How can you help? TDSA is entirely self-funded. To seek legal advice and effectively lobby to effect change that will ultimately benefit your agency we need MONEY Anyone interested in crowd funding TDSA to undertake this work? Interested? contact Jennifer infotdsa@gmail.com