Responsibility: State and territory governments
Response:
SA, VIC: Accept
ACT, NSW, QLD, TAS, WA, NT: Accept in principle
Australian Capital Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
Bimberi Youth Justice Centre uses the Tool for Identifying Reasonable Adjustments (TIRA) to undertake early screening of reasonable adjustment needs and refer to functional assessments as required.
ACT government response July 2024
Bimberi Youth Justice Centre uses the Tool for Identifying Reasonable Adjustments (TIRA) to undertake early screening of reasonable adjustment needs and refer to functional assessments as required.
New South Wales
Response: Accept in principle
Status: In progress
What has been achieved to date
Youth Justice NSW (YJNSW) has processes in place to support timely screening for potential disability indicators. This includes assessment and health intervention milestones for young people entering custody including 24- and 48-hours processes.
The YJNSW Client Information Management System (CIMS) has a pathway to flag suspected disability and refer for cognitive assessment by the YJNSW Psychologist.
YJNSW is commencing planning and stakeholder consultation for the next iteration of their disability strategy. This recommendation will be considered as part of the strategy.
Justice Health NSW continues to undertake an Adolescent Health Assessment of young people entering custody. The assessment includes screening for intellectual disability and NDIS status. Where further assessment is needed, young people are referred to the appropriate pathways within Justice Health NSW and Youth Justice. This may be for further assessment by a Youth Justice psychologist.
YJNSW and Health (including Justice Health) are convening a working group to look at opportunities to strengthen existing disability response, within current service system and existing resources, in line with Royal Commission recommendations.
The lack of a culturally validated disability screening tool, and short periods of remand, remain barriers to young people receiving timely cognitive assessment.
NSW government response July 2024
NSW Health and Youth Justice NSW work in partnership to provide general health and mental health services for young people in custody in NSW. Ensuring timely screening and assessment for cognitive disability remains a priority.
The NSW Government acknowledges that improvements can be made and highlights the nature of short-term remand in NSW youth detention which can impact both screening and assessment interventions.
In line with commitments under Closing the Gap priority reforms NSW Government is prioritising work to improve outcomes for Aboriginal young people. In particular, the absence of a culturally validated disability screening tool is acknowledged. The NSW Government welcomes partnership in this area with Aboriginal community and Aboriginal health organisations to improve screening and assessment of Aboriginal young people in contact with the youth justice system.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The Department of Corrections continues to embed the Youth Detention Centre Model of Care, whereby the Specialist Assessment and Treatment Services team undertake various screening and psychometric assessments upon reception as well as specific cognitive, disability and risk assessments. Where concerns are raised, appropriate referrals are made to service providers, including private psychiatry services.
Many detainees have previously identified needs, and the Specialist Assessment and Treatment Services team support the continued care of detainees. including the continuation of NDIS supports.
The Specialist Assessment and Treatment Services team also undertakes behaviour support and management plans, using evidence based and trauma informed care, and provides support and training for the Northern Territory’s Youth Detention Centre staff.
Primary Health Care Providers in youth detention centres are operated by Aboriginal Community Controlled Health Organisations who also complete assessments and provide treatment services such as mental health, social and emotional wellbeing and psychiatric support and upon release enable young people to continue to access these services as part of their Throughcare plan based in Darwin and Alice Springs.
NT government response July 2024
It is important that there is timely screening and expert evaluation of a young person’s needs when involved in the criminal justice system. The Northern Territory Youth Detention Centres’ Model of Care includes a comprehensive assessment of a young person’s needs within the first 4 weeks of detention. Upon identification of needs, the Northern Territory Government implements suitable responses, inclusive of assessments, therapeutic measures and other interventions. The Northern Territory Government acknowledges the imperative need for ongoing screening of children with disability across the entire criminal justice system and is committed to refining referral processes for diagnostic assessments and therapeutic interventions at the earliest stage of a child’s engagement with the criminal justice system.
Queensland
Response: Accept in principle
Status: In progress
What has been achieved to date
The Queensland Department of Youth Justice and Victim Support has established a permanent Disability Practice Team to deliver the Neurodevelopmental Disability Framework (NDD Framework) and support the expansion and improvement of disability supports throughout the youth justice system. The NDD Framework is in its final stages of completion. A three-year plan for implementing assessment across the state has commenced.
Permanently established allied health teams within youth detention centres work directly with onsite Queensland Health primary and mental health teams to assess young people and refer to tertiary services and National Disability Insurance Agency supports as required.
QLD government response July 2024
The Queensland Government notes there is no nationally suitable, culturally appropriate disability screening tool available to use with young people in the youth justice system that can be administered by community-based front line staff.
The Queensland Government is introducing a neurodiversity framework and screening tool which is anticipated to provide enhanced supports to young people and their families, as well as further support to youth justice staff. Screening and assessment for disability will need to cross different stages of the justice system, including courts, and is not limited to within youth detention facilities. The Queensland Government acknowledges that it is critical for disability screening and assessments to be culturally appropriate.
South Australia
Response: Accept
Status: Completed
What has been achieved to date
Current policies and practices in South Australia are consistent with this recommendation and has such it has been marked as complete.
The South Australian Department of Human Services Youth Justice (DHS YJ) provides or facilitates screening and expert assessment for young people with cognitive disability in custody and community. DHS YJ also work in partnership with other key agencies and service providers to ensure a comprehensive response for young people with disability including Metropolitan Youth Health (MYHealth), Child and Adolescent Mental Health Service (CAMHS) and services through the National Disability Insurance Scheme.
SA government response July 2024
Current policies and practices in South Australia are consistent with this recommendation. The Department of Human Services provides or facilitates screening and expert assessment for young people with cognitive disability in custody and community through a number of different initiatives including the:
- Child and Adolescent Intellectual Disability Screening Questionnaire (CAIDS-Q) screening tool
- Kurlana Tapa Sensory and Environmental Framework.
DHS Youth Justice also works in partnership with other key agencies and service providers to ensure a comprehensive response for young people with disability including Metropolitan Youth Health (MYHealth), Child and Adolescent Mental Health Service (CAMHS) and services through the NDIS.
Tasmania
Response: Accept in principle
Status: In progress
What has been achieved to date
As of April 2025, the Tasmanian Department for Education, Children and Young People has commenced the review of the Youth Justice Admissions policy and procedure. The procedure will consider the first steps towards early identification of known disability to ensure existing supports remain in place.
A comprehensive and therapeutic approach assessment for disability of all young people entering the custodial youth justice system is currently being considered under the development of Model of Care.
We have identified a screening assessment tool with good psychometrics to use when young people enter detention. This can be administered by anyone and has good correlation with formal full IQ assessments used to assess intellectual disability. We are currently developing an implementation procedure.
As this recommendation overlaps with recommendations 8.14 and 8.15, we plan to consider these in tandem. We have begun discussions with other agencies on the scope to collaborate in the development of coordinated service delivery for people with disability in detention or custodial settings.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Government is committed to screening and expert assessment for young people in youth detention and need to consider how to undertake this work.
Victoria
Response: Accept
Status: In progress
What has been achieved to date
The Victorian Government currently conducts timely cognitive disability screens for young people in Youth Justice - within 14 days of the commencement of a custodial or community order or a Youth Control Order Meeting is held, (unless the young person has a known diagnosed cognitive disability) for the purpose of engaging suitable and appropriate services as indicated, inclusive of targeted clinical assessment, to confirm cognitive disability. Youth Justice also currently ensures expert assessment for young people in Youth Justice - within 14 days from referral to the Youth Offending Program based on eligibility including assessed level of reoffending risk, order type and length.
On admission to custody, all young people receive the following assessments from the primary health service:
a) general nursing assessment (from a qualified Registered Nurse) (within 12 hours for Aboriginal children and young people, or within 24 hours for non-Aboriginal children and young people);
b) mental health assessment (from a qualified Registered Psychiatric Nurse / mental health clinician) (also within 12 hours for Aboriginal children and young people, or within 24 hours for non-Aboriginal children and young people); and
c) a comprehensive health assessment from a medical practitioner within 72 hours of arrival to form the basis of ongoing healthcare for the child or young person while in custody.
VIC government response July 2024
We accept this recommendation in full.
We screen young people for cognitive disability in our Youth Justice services. This must be done within 14 days of the commencement of a custodial or community order or a youth control order meeting is held (unless the young person has a known diagnosed cognitive disability).
The screening allows us to engage appropriate services to confirm cognitive disability.
We also ensure young people receive expert assessment. This must occur within 14 days from referral to the Youth Offending Program, based on eligibility including assessed level of reoffending risk, order type and length.
If these assessments identify special needs, including in relation to disability, the primary health service will engage with the appropriate team or service provider for follow-up.
Health staff working within the primary health or specialist mental health services must be suitably qualified, with levels of established experience and registration with the Australian Health Practitioner Regulation Authority.
The Youth Justice Primary Health Quality Framework 2023 also requires that primary health providers respond to the needs of children and young people with a disability who are in custody. This includes those with cognitive impairment, mental illness, acquired brain injury, sensory, physical and neurodiverse disabilities.
Health providers must also plan and deliver integrated care for children and young people with a disability in consultation with the child/young person and other stakeholders. They must establish and maintain links with Youth Justice Disability Services and custodial staff. This ensures continuity of services and referral to the NDIS if appropriate.
The Custodial Forensic Youth Mental Health Service’s neurodevelopmental team also works closely with Youth Justice Specialist Disability Advisors. Advisors maintain collaborative relationships with stakeholders such as community disability services, the Department of Families, Fairness and Housing and the National Disability Insurance Agency. They promote appropriate and continuing care for youth justice clients in both community and custodial settings.
The advisory team also manages a package of brokerage available to support expert assessment, including neuropsychological assessment.
Western Australia
Response: Accept in principle
Status: In progress
What has been achieved to date
The WA Government has commenced development of a service model to enable screening and assessment for disability in youth detention.
The Department of Justice is working in collaboration with the Department of Health to develop and embed the screening process.
WA government response July 2024
The WA Government accepts in principle this recommendation. Implementation in youth justice detention has commenced.
What the Disability Royal Commission said in the final report
State and territory governments should ensure timely screening and expert assessment are available for individual children with cognitive disability involved in the criminal justice system (including, but not limited to, detention settings) and that they receive appropriate responses, including therapeutic and other interventions.
More recommendations
View progress on other recommendations made by the Royal Commission.