What NDIS supports can you get in the justice system?

We may fund reasonable and necessary supports when:

  • the supports needed aren’t the justice system’s responsibility to provide
  • it’s appropriate in the circumstances for the NDIS to provide the supports.

The supports will need to meet all our funding criteria .

We may fund things like:

  • some assistive technology, such as a replacement prosthetic limb
  • training for staff in custody, where it’s specifically for disability support needs
  • capacity building supports that will help when a participant is released, such as support coordination, a recovery coach, occupational therapy or behaviour supports related to a participant’s disability.

The justice system is responsible for: 

  • managing any risks and safety of supports a participant gets when in custody
  • deciding what supports can be delivered in a custodial setting. 

For example, the justice system may not allow certain types of assistive technology in a custodial setting if it could be a risk to a participant or others.

What supports should the justice system provide?

The justice system is responsible for day-to-day care and support needs. This includes supervision, personal care and general supports. A custodial setting includes a secure mental health facility. 

The justice system will need to provide things like:

  • help with personal care, such as showering, eating and dressing
  • disability-related health supports
  • medical supports that are related to any other health conditions a participant may have, for example medications for asthma, heart disease or diabetes.

The justice system also needs to make adjustments or changes to their supports or services to make them accessible. These are called reasonable adjustments.

The justice system is responsible for making sure general services in the correctional facility are accessible for people with disability.

The justice system should provide things like:

  • shower rails in bathrooms, or fixed aids such as hoists
  • access to medical care and services
  • help with communicating and engaging, including Auslan interpreting
  • adapting the building so a participant can move around it
  • legal assistance services
  • programs in the justice system, for example, drug and alcohol programs and acute mental health interventions or treatments
  • case coordination to help you transition out of a justice setting, including the management of orders, child protection and family support, health, mental health, housing or homelessness services
  • secure mental health facilities that are mainly clinical in nature
  • transport, for example to and from court hearings.

For more information on justice, read our Justice Guideline .

This page current as of
21 June 2021