How do we create and reassess your plan if you're involved in the justice system

If you’re a participant involved in the justice system, we work with you to create your plan, and do a plan reassessment, in a similar way to how we work with everyone else. But there may be some differences depending on whether you’re in custody or not in custody.

We may ask for information from the justice system in your state or territory to help us decide what NDIS supports you need.

For example, we might need:

  • reports about the functional impact of your disability
  • forensic assessments detailing your rehabilitation needs
  • information about conditions imposed by court orders.

This will help us work out how your NDIS supports will work with other supports, such as those provided by the justice system.

What if you’re in custody?

If you’re in custody, we’ll contact the facility where you are living. We’ll arrange to either meet in person, or make contact with you by phone.

You’re in custody or subject to a custodial order if a court has ordered you to stay in a:

  • prison
  • remand centre
  • youth detention and training facility
  • secure training facility
  • secure mental health facility.

It doesn’t matter if you’re in one of these custodial settings due to a custodial order, forensic order, or if you’re on remand. We’ll contact the facility where you’re staying and arrange to meet or make contact with you. 

Will you need a new plan once you’re released from a custodial setting?

You may need a new plan before you’re released from custody. We want to make sure you have the NDIS supports and other supports you need when you’re back in the community.

We’ll discuss supports that are available through the justice system and other community and mainstream supports, and also help you to connect to any NDIS supports we might fund.

If you’re in custody, the justice system or other services will help you connect to other support services, such as other government mainstream services and supports in the community. If you’re not in custody, we’ll help you with these connections.

Learn more about what happens when you're going to be released from custody.

We’ll meet with you 12-14 weeks before your earliest known possible release date, if this is possible within your custodial facility. This release date includes if you have a planned short-term leave of absence. We’ll meet with you either over the phone, or in person.

If you have complex support needs or have been in custody for a long time, we may meet with you earlier.

If you’re released earlier than expected, we’ll work with everyone involved so you have the reasonable and necessary NDIS supports you need when you’re released.

What if you’re not in custody?

If you’re involved in the justice system but not in custody, we’ll contact you, or someone you nominate, directly to check-in or have a planning conversation.

If you’re involved in the justice system, but not in a custodial setting, we consider that you’re not in custody. We consider you’re not in custody if you’re:

  • on bail or a leave of absence order
  • under a community-based order, that puts controls on what you can do to manage risks to you or the community
  • on parole
  • in community detention or in-home detention.

Your check-in or planning conversation meeting might be face-to-face or by phone. Learn more about how we create your plan.

Who can help you with your NDIS plan?

You may need or want some help to create or use your plan. We’ll ask you who you would like, or who might be able to help you.

You can involve anyone you like in the planning process. You might want help from your:

  • informal supports, such as family or friends
  • treating team, such as your doctor, social worker, occupational therapist or psychologist
  • legal guardian
  • public trustee
  • community corrections officer
  • case manager
  • disability liaison officer of the facility
  • service providers.

You may want to give consent for us to contact other people. You may also want to give us consent for someone else to act on your behalf.

You can give us your consent over the phone, or we can give you a consent form to fill out.

Learn more about giving consent .

If you need help with making decisions about the NDIS or someone else to make decisions for you, we can help. Contact us or learn more about nominees.

This page current as of
1 July 2022
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