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 justice system is responsible for some of your supports while you’re involved in the justice system. There may be NDIS supports we can fund to help meet your needs while you’re involved in the justice system.
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 has a network of Justice Liaison Officers (JLOs). JLOs work with each state and territory government agency to support people with disability while they are in custody and when transitioning back into the community.
The JLOs can:
- work with mainstream justice services to help a person to access the NDIS
- help people with disability access the supports they need while in custody and when transitioning back into the community
- proactively respond to enquiries and resolve any barriers between the NDIS and mainstream services
- provide education and promote a best practice approach.
JLOs can provide support across the NDIS pathway, including access, developing an NDIS plan, using your funded supports and making any changes.
During the NDIS access process, JLOs can:
- help others understand the NDIS access process, including consent requirements
- provide help with supporting evidence as part of an access request
- review supporting evidence
- monitor the status of applications, including prioritising requests
- explain NDIS decisions
- where access is met, support progression to the planning stage.
JLOs can help connect those who are not eligible for the NDIS to local community and mainstream supports.
Planning, implementation, monitoring and reassessment
JLOs ensure planning, implementation and reassessment occurs at the right time. They support participants while in custody and when transitioning to the community.
JLOs work with internal and external stakeholders to make sure a participant’s NDIS plan meets their disability-related needs.
For more information on supporting people with disability in the justice system, visit: