How does the NDIS interface with the justice system?

NDIS and the justice system

The NDIS and justice system represent different parts of our state and federal governments, and thus there are agreements in place between these to outline the responsibilities of each under different circumstances.

If you have found this confusing, then you are not alone. The NDIS Review highlighted:

“When issues occur at specific intersections of the NDIS and mainstream services, this can create confusion and ambiguity for participants. At best this is frustrating and time consuming. At worst it can put the health, wellbeing and safety of people with disability at significant risk.

Despite being the subject of repeated calls for change over the last ten years, the problems remain significant. We have heard about challenges that remain unresolved at the interfaces between the NDIS and the transport, child protection, justice, school education, hospitals, aged care and mental health systems.”

The NDIS has resources available to help understand the justice system and the supports – including Justice Liaison Officers within the NDIA – that are available to people with disability.

However, in the midst of this, it is important to understand that:

  • 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.
  • The NDIS is still responsible for providing disability-related supports to help meet your needs while you’re involved in the justice system.

If you are in custody in a correctional facility (e.g. a prison, remand centre, youth detention centre or secure mental health facility), then the justice system is responsible for your day-to-day care and support needs, which includes disability-related health supports and reasonable adjustments related to the disability. Subject to the NDIS funding criteria, there are some things that they will assist with while in custody and to help when you’re released.

For those involved with the justice system but not in custody, (e.g. on bail or leave of absence order, under community based order, on parole or in community/in-home detention), the NDIS – and providers like Hope Circle – can work to support your access to the supports and services you need.

Our team at Hope Circle have experience providing supported independent living and in-home & community support to individuals who have had interactions with the corrections system and have forensic histories.

Justice Liaison Officers

Per the NDIS, Justice Liaison Officers can assist with building the capacity of stakeholders to work through the NDIS access process and support with NDIS planning. They 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.

Justice Liaison Officers can also assist people with disability who are not eligible for the NDIS, by providing connection to Local Area Coordinators who can support access to appropriate community and mainstream supports.

What do I need to consider?

It is important for the family/guardian who are supporting the person with disability to plan ahead of the release date as it can take considerable time to get NDIS plans and funding reviewed or in place to provide support post-release. Starting this process early can avoid spending additional time in a correctional facility waiting for supports to be approved before being released.

In our experience, there are a number of key factors that support a successful transition for a person with disability out of the corrections system and back into community. These are:

  1. Early preparation for release – it can take months to get the right supports in place
  2. The importance of the support coordinator and other stakeholder involvement as part of the individual’s circle of support to assist.
  3. Engaging with a SIL or community support provider who understands the unique challenges of the justice system and working with the individual to integrate back into community.
  4. Building up individual support services while still in custody to build positive relationships so that support workers know and understand your needs.

Conclusion

Hope Circle is a registered NDIS provider specialising in providing SIL and in-home & community support to individuals with complex disabilities.

Our team has extensive experience working with NDIS participants who have corrections or forensic histories, mental health and physical disabilities.

For more information regarding our services in Adelaide or Perth, please contact us here.