Responsibility: Australian, state and territory governments
Joint response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
All governments remain committed to considering this recommendation further and are working to develop a robust evidence base to address issues related to the interface between the National Disability Insurance Scheme and the mainstream justice system.
The National Disability Insurance Agency (NDIA) has also commenced work towards implementing the 13 recommendations outlined in the Justice Transition Project Report, which was finalised in October 2024. The report was shared with states and territories as well as other external project stakeholders. Improvements are being considered as a component of operational and broader reform within the NDIS and internal work has progressed toward some of the recommendations.
The report made 13 evidence-informed recommendations that focus on improving consistency of decision-making to support transitions from justice settings and strengthening operational mechanisms between states and territories. The NDIA remains committed to implementing the project’s recommendations.
What the Disability Royal Commission said in the final report
Through the Disability Reform Ministerial Council, the Australian Government and state and territory governments should:
- review the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) and the Applied Principles and Tables of Support (APTOS) and operational guidelines to align and provide clear parameters in determining which supports will be funded by the National Disability Insurance Scheme (NDIS) for participants involved in the criminal justice system
- resolve issues related to the interface between the NDIS and the criminal justice system, particularly the distinction between ‘criminogenic-related supports’ and ‘disability-related supports’
- where such issues cannot be resolved, agree on a mechanism for joint-funding of individual supports.
Proposed amendments to the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) and the APTOS should be agreed by National Cabinet.
Joint Government response July 2024
The Australian Government and state and territory governments are committed to working together to clarify roles and responsibilities at the interface between the National Disability Insurance Scheme (NDIS) and justice services.
This recommendation requires consideration alongside relevant recommendations of the NDIS Review related to roles and responsibilities within the disability ecosystem.
Work over the past five years at the justice/NDIS interface has included the introduction of Justice Liaison Officers (JLOs); increasing awareness of the roles and responsibilities of the NDIS and justice systems; implementing formal information sharing arrangements; and strengthening relationships between the NDIS and Aboriginal and Torres Strait Islander justice settings.
More recommendations
View progress on other recommendations made by the Royal Commission.