If you have a disability and you're involved in the justice system, you have the same rights as anyone to become or remain an NDIS participant.
We consider you're involved in the justice system if you are:
- in custody in a correctional facility, for example a prison, remand centre, youth detention centre or secure mental health facility
- on remand, awaiting or following sentencing
- required by a court order to regularly report to a correctional or community correctional agency, for example on bail, probation or parole
- serving a community based order, or are on a leave of absence order or therapeutic leave
- under forensic orders, which may include restrictions on your movements or other requirements, such as drug testing or attending prescribed treatment.
The NDIS is responsible for providing disability-related supports to help meet your needs while you’re involved in the justice system.
State justice systems are responsible for:
- imposing conditions on any individual, who may be considered a risk, while in the community
- law enforcement and ensuring any participant released from a justice setting complies with any supervised orders or conditions that may be in place
- taking action should someone re-offend or be considered a risk of re-offending
- protecting other people if a participant has a known criminal history.
We have a guideline about the justice system, which explains what we consider and how we make decisions based on the legislation.
Justice Liaison Officers
The NDIA Justice Liaison Team has a network of Justice Liaison Officers (JLOs) who work collaboratively with state and territory government agencies to support people with disability in custody and to transition back into the community.
The JLOs can:
- work with mainstream justice services to assist people with disability to access the NDIS
- help people with disability access the supports they need while in custody and to transition back to the community
- respond to enquiries and assist with any barriers between the NDIS and mainstream services
- provide education and promote a best practice approach.
Supporting access
During the NDIS access process, JLOs can:
- build capacity with stakeholders to understand NDIS access processes, including consent requirements
- provide information and support for required documents
- assist with access requests and monitor the status of applications, including prioritising requests
- advise relevant stakeholders of the decision and provide guidance on the next steps
- where access is met, support progression to the NDIS planning stage.
For applicants who are not eligible for the NDIS, JLOs can provide connection to Local Area Coordinators who can support access to appropriate community and mainstream supports.
Planning, implementation, monitoring and reassessment
JLOs support NDIS planning staff to support participants in custody and transition into the community, ensuring that all stages of the NDIS planning pathway occur at the right time.
JLOs work in collaboration with internal and external stakeholders, to ensure a participant’s NDIS plan meets their disability-related needs.
Justice Advisory Panel
It is important for the NDIA to work with state and territory justice systems to ensure people with disability get the supports they need, not only to transition from custody, but also to live safely in the community.
While disability supports may be crucial in reducing the risk of re-offending, the NDIS is designed to only fund disability-related supports and cannot replace the role of the justice system for post release supervision, monitoring or community safety.
The Justice Advisory Panel (Panel) is an expert advisory group that examines policy and systemic issues between state, territory and federal governments. For people with disability who are current or potential NDIS participants, these issues can impact not only their transition from custody but also their integration and transition back into the community.
The Panel is provided with deidentified case studies to explore and provide the NDIA with advice as to how NDIS supports can work with supports from other systems to improve participant outcomes, manage community safety concerns and the risks of re- offending.
Some of the Panel considerations have included:
- Improving formal information and data sharing
- Interactions with housing, mental health and health supports
- Collaborating with law, court and judicial systems
- Working with corrections/ justice agencies to understand transition plans,
- The role of disability supports, supervision, safety and risk in the community.
The Panel does not make any decisions about participants, potential participants and NDIS plans, and it doesn’t replace the existing relationships we have with external providers, state and territory officials, Public Trustees and Public Guardians. Eligibility, planning and supports decisions remain with NDIA delegates, with assistance from expert internal advisors
The Panel is made up of three members and meets once every two months.
- Dr. Jennifer Cullen AM (Chairperson)
- The Honourable David Harper AM
- NDIA, General Manager, Specialised Service Delivery
Our Guideline
Download our guideline on the justice system:
More information
For more information on supporting people with disability in the justice system, visit: