Responsibility: Australian Government
Response: Accept
Status: In progress
What has been achieved to date
The National Disability Insurance Agency (NDIA) has updated the Justice Operational Guideline (OG) to remove references to ‘release dates’ for consideration of transitional supports in custody. Further updates will be made to clarify externally how the Agency makes decisions in relation to transitional support for participants in custody. This OG was released on the NDIS website in January 2025.
What the Disability Royal Commission said in the final report
The National Disability Insurance Agency (NDIA) should issue guidelines stating expressly that a release date is not a precondition for approving funding for transitional supports for participants in custody. The NDIA’s Justice Operational Guidelines and internal practice guides should be amended to make this clear.
Australian Government Response July 2024
The NDIA will establish a publicly available framework that clearly articulates how the NDIS and other service systems will work together, supporting people entering custody and transitioning back to the community. This framework will be embedded into existing NDIA guidelines.
To enhance the experience of people with disability who are transitioning from justice and forensic settings to the community, the NDIA undertook a Justice Transition Project between October 2022 and October 2023. The Project focused on improving decision making, operational collaboration and reducing administrative delays for people with disability in adult, youth justice and forensic settings. The Project recommendations adopted by the NDIA will pave the way for a more holistic and timely service system response, so participants receive the support they need to prepare for transition and establish themselves as part of their community.
The NDIA has a strong commitment to co-design and engagement, and through the Justice Transition Project engaged with stakeholders across justice services, First Nations organisations, multiple state and territory government services, and the disability community to inform the Project’s recommendations.
More recommendations
View progress on other recommendations made by the Royal Commission.