DOCUMENT 1
FOI 25/26-1495
Justice Transition
Project
Recommendation
Report
Version:
1
Date:
28 November 2023
Author:
Justice Transition Project Team
Branch:
Complex Support Needs Branch
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The Justice Transition Project would like to acknowledge the traditional custodians of
the lands on which this report has been written, reviewed, and submitted. We pay
our respects to their Elders past, present and future.
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Project Contributors
Jodie Stangel, General Manager, Specialised Service Delivery Division
Michelle Kellert, Acting Branch Manager, Complex Support Needs Branch (CSNB)
Caroline s47F-personal privacy National Director, Justice Liaison, CSNB
Katie s47F-personal privacy Assistant Director, Justice Transition Project, CSNB
Trevor s47F-personal privacy Assistant Director, Justice Transition Project, CSNB
Peta s47F-personal privacy Senior Planner, Justice Transition Project, CSNB
Sarah s47F-personal privacy Justice Liaison Officer, Justice Transition Project, CSNB
Mara s47F-personal
privacy Senior Project Officer, Justice Transition Project, CSNB
Michelle s47F-personal
privacy Senior Project Officer, Justice Transition Project, CSNB
Julie-Ann s47F-personal privacy Administration Officer, Justice Liaison, CSNB
Daniel s47F-personal privacy Participant Support Officer, Justice Liaison, CSNB
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Contents
1. Executive Summary
5
2. Background
6
3. About the Justice Transition Project
8
4. Project Findings
10
5. Recommendations
14
6. Conclusion
33
7. References
34
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1. Executive Summary
The NDIA completed the Justice Transition Project (the Project) between October
2022 and October 2023, aiming to enhance the experience of people with disability
who are transitioning from justice and forensic settings to the community. The
Project focussed on improving decision making, operational collaboration and
reducing administrative delays for people with disability in adult, youth justice and
forensic settings.
During 30 discussions with over 250 state and territory government representatives,
and conversations with 60 representatives from 31 First Nations related community,
organisations, agencies and Coalition of Peaks members, the Project explored
operational, policy and system influences that support people with disability to
transition to the community. Importantly, the tailored engagement undertaken with
these First Nations groups informed cultural considerations and transition challenges
for First Nations people. Additional consultation with a range of operational and
executive NDIA staff was completed to ensure a robust view of the current state for
justice transition, and what best practice could look like, to support enhanced
outcomes for people with disability in contact with the justice system.
After collating and analysing the extensive consultation feedback in the ‘Justice
Transition Project Engagement Report’, the Project has established a range of
findings and recommendations that will pave the way for a more holistic and timely
service system response, so people with disability receive the support they need to
prepare for transition and establish themselves as part of their community.
The Project recommendations include:
1. Developing a nationally consistent, culturally validated disability screening tool
and assessment process.
2. Increasing the NDIA First Nations workforce to enhance and embed culturally
safe practice, within a best practice framework.
3. Developing NDIS marketing resources for First Nations people.
4. Establish a publicly available framework to describe how the NDIS and other
service systems will work together, supporting people entering custody,
including transition back to the community.
5. Enhancing the quality of NDIS providers and their workforce through training,
competency, and market improvement initiatives
6. Enhancing housing and accommodation options as an essential component of
transition to the community.
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7. Clarifying NDIS planning practices and supports for people transitioning to the
community.
8. Increasing staff capability through improved training and resources.
9. Developing specialised NDIS justice pathways.
10. Refining NDIS Proof of Identity (POI) policy and processes for people in the
justice system, where there is limited documentation available.
11. Refining NDIS forms and processes to make them more relevant, accessible,
and easier to understand.
12. Continuing to develop the Justice Liaison service offer, expanding support to
key stakeholders.
13. Formalising information sharing within and between governments.
Consistent with the final report and recommendations of the Royal Commission
into Violence, Abuse, Neglect and Exploitation of People with Disability (Royal
Commission) 1, and the likely focus of the NDIS Review recommendations, the
Project recommendations will require a shared response between governments,
organisations and the community over time, though there are opportunities for
more immediate impact to improve how we collectively support people with
disability who are transitioning to the community.
2. Background
The NDIA currently supports more than 2100 NDIS Participants with a specialised,
justice planning response (Complex Support Needs Branch, 26 October 2023).
There are many more participants in contact with the justice system, however current
data and system limitations make it challenging to accurately understand the size of
the cohort. Some of these participants have been in custody for an extended period,
remaining incarcerated due to various reasons, including forensic orders, the inability
to identify safe support options for their release, inadequate levels of community
support, or disagreements about service system responsibilities.
The Royal Commission Public Hearings 11,15 and 27 heard about the complexities
relating to NDIS participants who had been held in long term detention settings; and
the need for more collaborative approaches by the NDIA and states and territories to
transition participants successfully into the community.
In July 2021, the NDIA's Complex Support Needs (CSN) Branch collaborated with
Western Australia and the Northern Territory government representatives to
undertake a trial aimed at improving the participant experience when transitioning
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from a custodial setting to a community-based living option. The trial identified
challenges faced by participants with cognitive impairments, emphasised the need
for flexible transition planning, early intervention, and addressing disparities among
state practices.
Previous initiatives such as releasing the NDIS Justice Guidelines and
establishing Justice Liaison Officers (JLOs) contributed many improvements to the
justice interface. These initiatives did not holistically address all the operational
challenges associated with planning for and supporting people with disability to
transition to the community. Addressing system, policy and operational challenges is
crucial for the high proportion of First Nations people in custody, who experience
systemic disadvantage and institutional racism, requiring tailored support programs
to break the cycle of incarceration.
The Project aligns with the Australia's Disability Strategy 2021 - 2031 and focuses on
enhancing human rights and support for people with disability in the justice system.
The Project embedded the principles of the National Agreement on Closing the Gap
(2020) when discussing inequality for First Nations people, by fostering genuine
partnership with First Nations organisations, leveraging their expertise and input.
The recent ‘Royal Commission into Violence, Abuse, Neglect, and Exploitation of
People with Disability - Final Report (2023)’
, addresses the overrepresentation of
individuals with disability in the criminal justice system. Significant emphasis was
placed upon human rights, risks for children and young people becoming enmeshed
in the system, the need for more robust disability and cultural awareness training,
nationally consistent screening protocols; and enhanced flexibility, clarity, and
support for people with disability leaving custodial settings.
The consistency between the Royal Commission and the findings of the Justice
Transition Project gives further weight to the Project recommendations being
implemented. Increasing transparency and collaborative practices between all
systems and services is paramount to improving the way people with disability are
supported in the justice system, their transition experiences and enhancing
outcomes in the community.
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3. About the Justice Transition Project
Project Aims
The NDIA commenced the 12-month Justice Transition Project in October 2022,
aiming to enhance the NDIS participant experience during Justice transitions. This
involved improving decision making, operational collaboration and reducing
administrative delays for participants in adult, youth justice and forensic settings.
Project Phases
The Project included three phases:
• Phase 1: Consultation and Engagement- embarked on the consultation and
engagement stage with a broad range of internal and external
stakeholders, between October 2022 and August 2023
• Phase 2: Information Collation and Analysis- methodically collated and
coded the information gathered from all stakeholders, between April 2023
and August 2023.
• Phase 3: Recommended Practice Guidance and Service Response-
carried forward the insights from the previous phases, creating a set of
findings and recommendations, between August 2023 and October 2023.
Consultation Overview
External and internal stakeholder consultations focused on how individuals with
disabilities progress through the justice system. External stakeholders, including
state and territory representatives, participated in Focus Groups and Round Table
sessions. These discussions covered operational and policy aspects like participant
identification, custody support, and community transition. Tailored engagement
undertaken with First Nations people, organisations, and Coalition of Peaks
members, was used to better understand cultural considerations and transition
challenges for First Nations people.
The project conducted 30 discussions with over 250 state and territory external
stakeholders, and 60 representatives from 31 First Nations agencies, organisations,
and Coalition of Peaks members, (see Table 1). Additionally, 19 internal feedback
sessions were completed to enhance processes and policies. A project evidence
based consisted of a broad spectrum of information including over 122 hours of
video content, transcripts, notes, submissions and 115 survey responses.
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4. The Project Findings
Finding Area 1 – First Nations
First Nations people are over-represented in the justice system2. In some states and
territories, screening for disability does not extend beyond self-reporting 3 4 5 6, and
where it does, it can lack cultural safety 7. First Nations people with disability
experience barriers engaging with services in custody, for transition and in the
community, and are often impeded by supports availability or practices that are not
culturally safe. Fundamentally, co-designed cultural awareness training 8and practice
competency reviews are required across all service systems and would be
complimented by growing the First Nations workforce. A co-designed response to
address any policy, program, or resources developed, will ensure a flexible approach
can be implemented for supporting First Nations people. 9
Finding Area 2 - Specialised Justice Pathways
Part of transforming the way the NDIS provides service is ensuring that a specialised
approach, based upon justice and forensic knowledge, skills, and training, is meeting
the operational needs of the serviced participants and stakeholders. Embedding this
expertise will create positive and consistent influence upon the disability supports
people receive and improve transition outcomes. For people in the justice system
with complex and intersecting needs, ensuring that NDIS information and processes
are simplified will support navigation and receipt of disability support. Particularly for
First Nations and other diverse communities, making Consent, NDIS Access, Identity
& Planning requirements clearer will enhance collaboration between key
stakeholders.
Finding Area 3 - Evidence and Assessment
Assessment, evidence and reporting for NDIS purposes poses challenges from
quality, resourcing, and timeliness perspectives. Where professionals were funded
and available to conduct assessments, often, these assessments were indicative of
functioning in the supported custodial environment, understating a person’s actual
disability support needs in the community.
Many states and territory services referenced they did not have funding to be able to
provide assessments, relying on court ordered and funded resources. When courts
do order clinical or forensic assessments, there can be misalignment between the
intent of the report and NDIS purposes, rendering it ineffective evidence and the
content may unintentionally prejudice disability supports decision making. The recent
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Royal Commission recommendations referenced the need for national guidelines for
screening in custody 10 11, which was echoed throughout the project, particularly to
mitigate the reliance on self-reporting and the challenges accessing timely and
appropriate functional assessments and supports.
Finding Area 4 - Transition Process and Planning
For many people in justice and forensic settings, there is not a clear state or territory
process to prepare a participant for transition to living in the community and some
people with a disability don't receive transition support at all. The experience of NDIA
practice and process for transition is equally variable, with people in forensic settings
more likely to require support to transition over a longer period but not always
receiving it. When following the 12–14-week guidance written in NDIS Justice
Guidelines, there was often inadequate time to establish NDIS supports, which could
delay a person’s release. They may also exit custody and commence life in the
community without appropriate disability related supports. This creates challenges
embedding best practice such as building rapport with providers and community
supports 12 13, and delays opportunities for capacity building, which in turn may
impact transition outcomes.
When supporting people with complex circumstances and needs, there are
significant challenges applying the Applied Principles and Tables of Support
(APTOS) in complex circumstances. The sector would benefit from clarified guidance
about these roles and responsibilities. It was clear that quality support coordination
enables transition preparation and is needed and valued across service systems.
Stakeholders acknowledged that preparation for transition should commence as
soon as possible after a person enters custody, be collaborative and clearly
articulate roles and responsibilities.
Finding Area 5 - Training, Workforce and Capability
All governments and the wider sector would benefit from enhanced training and
increasing the workforce supporting people with a disability and specifically, First
Nations people 14 15. Resoundingly, justice staff voiced the challenges balancing their
business-as-usual workloads, the resource requirements of NDIS related actions and
need to prioritise safety, which often came at the cost of supporting people with
disability. It is important that staff are provided with the appropriate training and
resources to be able to deliver trauma informed 16, tailored services for people with
disability that focus on prevalent and emerging conditions in justice populations, and
supporting cultural, complex, and intersectional needs.
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Continuing to provide education and support for state and territory government staff
about the NDIS legislation and processes is fundamental to enhancing collaborative
practice and should be extended to more external stakeholders.
It is important to acknowledge that the operating environment for providers who
support people in the justice system can be complex and has a range of legal
considerations at state, territory and national level that need to be navigated. The
responsibility to enhance training, practice guidance and support is shared between
governing agencies and providers themselves. This is essential to ensuring people
with disability are safe and supported throughout transition and in the community.
Finding Area 6 - Service Response
Housing, or the lack thereof, was the most discussed topic in each of the project
consultations. Suitable and stable accommodation poses a barrier for many
individuals to transition to the community, to meet their parole or bail requirements,
especially those in rural, regional, or remote areas or those experiencing
homelessness.17 18 19. The Royal Commission has called on all agencies to
formulate a shared response to address the current housing climate 20. In addition,
there is recognised need to ensure that the NDIS is not utilised as the default
housing response for people with disability.
Outside of housing, people face challenges finding NDIS, community, and
mainstream support to meet their needs, particularly when cultural, complex
personal and situational factors, and/or geography intersect 21. For many people,
when they do find NDIS supports, there can be variability in the quality of the service,
a lack of understanding about justice, long wait times and there is no clear
framework for monitoring or reporting these challenges 22. The quality of Positive
Behaviour Support Plans (PBSP), in particular the use of regulated restrictive
practices, can mean people with disability experience significant negative and
traumatic impacts based on the quality of the plan and service they receive.
Finding Area 7 - Court and Judiciary
The way the NDIS works with court and judiciary systems is evolving. Often, a lack
of timely notification about a person’s impending court or leave of absence means
that they do not have a NDIS plan in place to support their transition 23. The court
therefore cannot be satisfied that the participant will have appropriate supports in the
community, and the release is either delayed or a series of escalated decisions are
required, placing strain on the time and resources of the NDIA, court, and judiciary
systems alike. 24
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In many states and territories, the court process is one of the few ways funding for
disability assessments can be obtained for a person. Education for court and judicial
members will grow understanding of the NDIS and other parties’ roles and
responsibilities for supports, safety, lawful orders, and compliance for people with
disability in the community. Many stakeholders identified that the court and judicial
system has limited capacity to adjust support for people with a disability or First
Nations people, and court-imposed conditions may unintentionally set people with
disability along a path of reoffending. 25 26
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5. Recommendations
Recommendation 1: Develop a nationally consistent, culturally
validated disability screening tool and assessment processes
About the recommendation
Disability screening in most state and territory justice settings is limited, relies on
self-reporting methods and when in use, may not consider the cultural and safety
needs of First Nations people. Working with First Nations people with disability to
understand their needs and story, and collecting their information in a culturally safe
and sensitive manner will support them to get the disability support they require to
participate in cultural and community life. Creating disability screening tools and
assessment processes that are culturally validated is aligned with Royal Commission
Recommendation 8.14 27 and findings that spoke to the need for consistent
screening practices that are trauma informed, culturally safe and do not rely on self-
reporting. Development of a culturally validated screening tool should:
• Be co-designed with First Nations organisations, community members and
people with disability, alongside State and Territory Governments, with
support from the Commonwealth / NDIA.
• Be implemented by State and Territory Governments, enhancing the ability
to screen for disability, particularly for First Nations people and other
diverse communities.
• Embed social and emotional wellbeing elements, as well as the functional
considerations of the NDIS legislation.
• Consider the needs of people across the lifespan, including children, young
people, and adults.
• Be administered in a variety of ways that are culturally safe and respect
individual needs and preferences. For example, Elders may utilise
validated 'Yarning Methodology'.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 3
• Finding Area 5
• Royal Commission Recommendation 4.11 Consultation with people with
disability
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• Royal Commission Recommendation 8.14 National practice guidelines for
screening in custody
• Royal Commission Recommendation 8.4 Screening and assessment for
disability in youth detention
• Royal Commission Recommendation 9.12 Disability-inclusive cultural
safety standards
• Royal Commission Recommendation 9.2 Ages and Stages Questionnaire-
Talking about Raising Aboriginal Kids (ASQ-TRAK).
Responsible stakeholders
• State and Territory Governments
• First Nations People, Communities, Elders
• Mainstream or Allied Health Professionals
• NDIA.
Recommendation 2: Increase the NDIA First Nations workforce
to enhance and embed culturally safe practice, within a best
practice framework
About the recommendation
Growing First Nations representation within the NDIA workforce is essential to
providing culturally safe service to First Nations participants. Increasing the First
Nations workforce moves the Agency toward its First Nations employee target of 3%
and promotes being an employer of choice. Many First Nations stakeholders
identified the importance of the initial point of contact with the NDIS being a First
Nations person, who has specific skills and experience working alongside First
Nations people, families, and communities. The NDIA can support non-Indigenous
staff to develop their cultural understanding and practices in a peer led approach and
undertake recruitment using Identified Positions in relevant contexts. This can be
implemented by:
• Establishing a phone line staffed by First Nations personnel, to provide
NDIS support and information (1800 number).
• Embedding First Nations Liaison Officers, service delivery and support staff
across NDIA business areas including recruitment strategies using
Affirmative Measures provisions.
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• Using a cultural pairing model to build cultural capability and competency of
non-Indigenous staff. This uses a peer lead approach, where First Nations
staff work alongside non-Indigenous staff members. Those who participate
in the pairing model will have their cultural capability recognised by NDIA.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 5
• Royal Commission Recommendation 9.12 Disability-inclusive cultural
safety standards
• Priority Reform 3, Transforming Government Organisations – National
Agreement on Closing the Gap (2020),
• Policy Priority 2: Policies, processes and programs provide better
responses to people with disability who have experienced trauma,
Australia’s Disability Strategy 2021 – 2031
Responsible Stakeholders
• NDIA
• First Nations Community and Organisations
• Recruitment Agencies
Recommendation 3: Development of NDIS marketing
resources for First Nations people
About the recommendation
For people with disability, NDIS marketing resources, forms and booklets can be
complex and long. Stakeholders advised, particularly for First Nations and other
diverse communities where English may not be their first language, the complexity of
resources was an additional barrier to engaging with and using NDIS supports.
Changes to these resources will improve cultural competency and accessibility for
First Nations people. Refined resources should consider:
• Co-design of NDIS booklets with First Nations organisations, community
members and people with disability.
• Focus on reducing the jargon, complexity, and length of information.
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• Provide translation into a range of languages that consider the use of First
Nations images, art, or voice, recognising that First Nations people are not
a homogenous group and therefore, require tailored approaches.
• Consider how materials can be created and used in a variety of different
formats and provide practice guidance and support to implement these
approaches.
• Use existing technology trials in justice settings to make updated NDIS
information and resources ‘approved content,’ accessible for people in
custody.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Royal Commission Recommendation 4.11 Consultation with people with
disability
• Royal Commission Recommendation 4.14 The duty to provide accessible
information
• Royal Commission Recommendation 6.1 A national plan to promote
accessible information and communications.
Responsible Stakeholders
• NDIA
• First Nations people and organisations.
Recommendation 4: Establish a publicly available framework
to describe how the NDIS and other service systems will work
together, supporting people entering custody, including
transition back to the community.
About the recommendation
People with disability in the justice system experience inconsistent practices,
processes and supports that contribute to varied outcomes. Most stakeholders spoke
to 'best practice' preparation for transition commencing as soon as a person enters
custody, noting transparent documentation of the process, practices and timelines
would benefit inter-agency collaboration and participant outcomes. Key
considerations toward establishing a publicly available framework include:
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• Establishing agreed parameters for information sharing and action, that
clearly articulate the timeframes for key milestones, including notification of
entry into custody, commencement of NDIS supports assessment, and
state and territory supports and practices. This could consider existing
intergovernmental arrangements, such as Hospital Discharge process as
an exemplar.
• State and Territory Governments making available to the NDIA, endorsed
documents that explain their various approaches, process and practices,
from entry into custody, through to post release support in the community,
including how NDIS considerations are embedded.
• Removing the dependency for a release date for NDIA to commence
transition planning, in favour of an approach that commences upon entry
into a justice setting. It should consider the complexity of a person’s
circumstances, and the appropriate and timely support required to
transition back to the community.
• Clear articulation of the roles and responsibilities of the NDIS, and how
these work alongside justice and other mainstream interfaces, consistent
with the NDIS Legislation and APTOS.
Entry into custody:
• State and territory justice stakeholders should, as part of updated
screening and assessment process, notify the NDIA when a person with
disability enters a justice facility, within agreed timeframes.
• This notification will be used as an indicator for the NDIA to commence,
within an agreed timeframe, NDIS eligibility, planning and transition
considerations including an immediate review of a person’s disability
related needs, and where applicable plan utilisation, available supports and
reassessment.
• For people with disability who do not yet have NDIS Access, State and
Territory Governments should initiate information and evidence gathering,
working with the Justice Liaison Officers to submit an Access request. For
people who are on remand and short sentences (as below), the NDIA will
use priority pathways to expedite Access decision making.
• As soon as practical upon entry to a justice facility, led by the state or
territory justice stakeholder, determine, and document the required
approach to transition planning, including the estimated timing, on a
continuum, of any support required from:
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a. the NDIS;
b. other parties such as mainstream health and housing, transition
programs or community supports.
Preparing for transition
• The transition plan established by state and territory justice stakeholders
should be updated routinely, and clearly demonstrate the mainstream and
community foundational supports that will work alongside NDIS disability
supports, both in preparation for and post transition to the community.
• Generally, the NDIA will communicate legislated and escalated timeframes
for NDIS processes, and work with the justice system, and a person’s
supporters to ensure that they can provide timely and relevant information
and evidence.
• People on remand, many young people, those with short sentences and
some people under indefinite detention, require timely consideration of the
appropriate, imminent transition supports available in their NDIS plan, or a
reassessment may be required.
a. Existing supports in the NDIS plan are unlikely to be reduced,
however, plan claiming and utilisation, particularly from core
supports budgets will have a targeted monitoring strategy.
b. Frequent monitoring and case conferences (justice led) between all
parties are a key aspect of supporting this cohort.
c. Timelines for providing relevant information and evidence to support
NDIS process are likely to be compressed, requiring rapid
responses by all parties.
d. NDIS priority pathways may be initiated for creating the first NDIS
plan or NDIS plan for transition, for people who are anticipated to be
in a justice facility for a short or unknown period.
• People on medium to longer term sentences, require support to build
capacity, develop relationships and support coordination to explore options
for transition and post release supports.
a. Agreed monitoring and justice led case conferencing will occur
between all parties.
b. For many people in this cohort, a plan reassessment may be
initiated, acknowledging it is unlikely that NDIS core supports will be
reasonable and necessary.
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• People in long term custody or forensic settings are likely to require a
graduated approach to transition.
a. Whilst support coordination may take a monitoring only approach
with reporting to the NDIA for these individuals, it is likely that
planning for transition may formally commence multiple years before
an anticipated transition to the community.
b. For many people in this cohort, it is unlikely that NDIS core supports
will be reasonable and necessary, however, all parties should work
to ensure transparency about likely supports availability when
preparing for transition.
In the community
• In the first 3 months post transition, the NDIA will work collaboratively with
state and territory justice stakeholders and providers to ensure people with
disability have the supports that meet their changing needs.
a. This may include frequent monitoring and case conferences.
b. Where a person has more complex circumstances and transition
requirements, the NDIA may continue justice specific support
beyond three months.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 4
• Finding Area 5
• Finding Area 6
• Royal Commission Recommendation 8.10 Transition from custodial
supervision in the Northern Territory
• Royal Commission Recommendation 8.14 National practice guidelines for
screening in custody
• Royal Commission Recommendation 8.15 Policies and practices on
screening, identifying, and diagnosing disability in custody
• Royal Commission Recommendation 8.18 Timing of NDIA-funded
transition supports.
Responsible Stakeholders
• NDIA
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• State and Territory Governments.
Recommendation 5: Enhance the quality of NDIS providers and
their workforce through specialised training, competency, and
market improvement initiatives
About the recommendation
NDIS providers and their workforce require specialised justice skills and training to
provide high quality services to some of the most complex and vulnerable NDIS
participants. Providers who work within the justice interface should be easily
identifiable, have ready access to custodial settings and understand their role and
responsibilities in the context of lawful orders. A long term and multi-faceted
approach to enhancing services for participants with a justice interface will be well
supported by:
• Developing best practice guidance with case examples about provider
roles, responsibilities and requirements when engaging with justice
settings, and for supporting people who have conditions or orders
restricting their community interaction.
• Develop a checklist and guidance for providers undertaking assessments
to meet NDIS standards.
• Mandating competency-based training for the provider workforce inclusive
of Cultural Awareness, Trauma Informed Practice, Acquired Brain Injury &
Fetal Alcohol Spectrum Disorder, for those working within the justice
interface.
• Improving monitoring, reporting and compliance practices for all providers
with a significant focus on quality of (Specialist) Support Coordinators and
Specialist Behaviour Support Providers.
• Updating NDIS Provider registration and the Provider Search tool to allow
for skill tagging, to include First Nations, CALD, Justice, and other related
fields.
• Further incentivising providers who support people with complex
circumstances and service response requirements, including how ‘best
practice’ providers may be utilised to develop the complex supports market.
• Consideration of a range of funding and initiatives, using a community-by-
community approach, to improve service response and markets in rural and
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remote areas. Thought should be given to how existing policies and
approaches about paying family members can be leveraged.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 5
• Finding Area 6
• Royal Commission Recommendation 6.35 Legal frameworks for the
authorisation, review, and oversight of restrictive practices
• Royal Commission Recommendation 9.12 Disability-inclusive cultural
safety standards
• Royal Commission Recommendation 9.13 Remote workforce development
• Royal Commission Recommendation 10.11 Internal procedures for
monitoring reportable incidents
• Royal Commission Recommendation 10.21 Registration and audit process
• Royal Commission Recommendation 10.30 Engagement and capacity
building activities
• Royal Commission Recommendation 10.4 Quality of support coordination
• Royal Commission Recommendation 10.7 Practical guidance on supported
decision-making
• Royal Commission Recommendation 10.8 A national disability support
worker registration scheme.
Responsible Stakeholders
• NDIS Quality & Safeguards Commission
• NDIA
• NDIS Providers
Recommendation 6: Housing and accommodation options are
enhanced, as an essential component of transition to the
community
About the recommendation
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Housing creates challenges for transition to the community, safety and reducing the
risk of reoffending, and is a whole of service system issue shared by the NDIS and
States and Territories. Fundamentally, a lack of available housing options can
prevent release from custody or parole, create indefinite detention despite lawful
orders concluding, or the person may be released into homelessness. For people
requiring a longer-term transition, there are limited housing options to enable a
graduated move from custody to the community. A shared approach to address the
housing pressures across all systems is needed, including:
• Consideration of how existing housing stock can be utilised to address
barriers for transitional, social and community housing.
• Development of innovative approaches to increase accessible and
culturally appropriate housing stock.
• Development of the housing market in rural and remote areas, particularly
to support transition from justice settings.
• Further incentives to support the development of the NDIS Supported
Independent Living (SIL) and Specialist Disability Accommodation (SDA)
market, particularly for First Nations people and those with complex support
needs.
• Exploring opportunities for agreements with state and territory government
housing systems, to support transitional arrangements for social housing,
where a NDIS participant is not eligible for a SIL or SDA solution. This
housing should facilitate a graduated, step down to community living,
particularly for people who have been in long term detention.
• Enhancing education and resources to address the perception that the
NDIS should provide a housing response for all NDIS participants,
particularly as an alternative to homelessness.
Finding, Strategy and Royal Commission Links
• Finding Area 6
• Finding Area 7
• Royal Commission Recommendation 7.33 Prioritise people with disability in
key national housing and homelessness approaches.
• Royal Commission Recommendation 7.39 Preventing homelessness when
people with disability transition from service or institutional settings.
• Royal Commission Recommendation 7.40 Address homelessness for
people with disability in the National Housing and Homelessness Plan
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• Royal Commission Recommendation 7.42 Improve access to alternative
housing options.
• Royal Commission Recommendation 8.10 Transition from custodial
supervision in the Northern Territory.
Responsible Stakeholders
• Commonwealth Government
• State and Territory Governments
• NDIA
Recommendation 7: Clarify NDIS planning practices and
supports for people transitioning to the community
About the recommendation
Improvements to the consistency of NDIS planning practices and funded supports for
transition are required to enhance participant outcomes and manage stakeholder
expectations. There is variation in the approach to shared funding responsibilities.
For jurisdictions that were part of the project trial, negotiation was more nuanced and
understood, whilst in other areas, rigid operational interpretations about NDIS
supports and processes in some cases lead to transition delays. First Nations
stakeholders told us planning processes are not culturally safe and can lead to poor
outcomes, plan under-utilisation, and disengagement from the NDIS. Improvements
for NDIS planning practices should consider:
• Updates to planning process and practice guides to include clear roles &
responsibilities for all stakeholders.
• NDIS Participant plans are strengths and outcomes focused, and
communicated in a way that suits the participant, for example using
artworks or converting plans into voice or language.
• Face to face planning meetings should be considered, particularly where
this is the participant’s preference. Using a planner from a First Nations
background or undertaking a ‘paired model’ should be an option for First
Nations people, and the length of the planning meeting should be
considered.
• This approach to discussion with the participant is more likely to be
culturally safe, and enhance the NDIA’s opportunities to support decision
making, goals, informed consent, and safeguarding.
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• Considerations should be given to who a participant chooses to be included
in a planning meeting, particularly for those in kinship care arrangements or
from diverse communities.
• NDIS funding should include:
‒ Specialist Support Coordination/ Support Coordination and supports
that focus on early intervention and capacity building, including
Positive Behaviour Support, where evidenced. Consideration should
be given to whether core supports are reasonable and necessary,
consistent with the parameters mentioned in Recommendation 4.
‒ A focus on supporting informal supports. This could include flexible
funding for paying of family members particularly for First Nations
people.
‒ Kinship care structures are not always favourable to informal support
arrangements and the appropriate level of funded supports need to
be considered.
‒ Plans should include the levels of funding to allow for a Bi-cultural
Model of supports, whereby First Nations representatives are paired
with (non-Indigenous) Allied Health professionals to work together,
building capability and providing support including cultural safety.
• A dedicated quality assurance process for justice related NDIS plans, to
drive continuous improvement and inform ongoing refinement of training
and resources, aligned with Recommendation 8.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 4
• Finding Area 5
• Finding Area 6
• Royal Commission Recommendation 6.1 A national plan to promote
accessible information and communications
• Royal Commission Recommendation 6.32 Increase capacity to provide
supports and adaptations through improved guidance, funding and
accessible information
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• Royal Commission Recommendation 9.9 Criteria for funding family
supports
• Royal Commission Recommendation 10.3 Adequate support coordination
Responsible Stakeholders
• NDIA
Recommendation 8: Increase staff capability through improved
training and resources
About the recommendation
It is essential that all staff who support people in the justice system have a range of
skills, training, and resources to ensure high quality service provision to people with
disability in custody, and for their transition to the community. Integral to this is the
adoption of culturally safe and appropriate practices with people with disability from
diverse backgrounds, which promotes a trauma informed approach, aligning with
Australia’s Disability Strategy 2021-2023 - Priority Area 2, Safety Rights & Justice.
General Training
• Education packages developed by leading researchers provide training
about Fetal Alcohol Spectrum Disorder (FASD), Acquired Brain Injury
(ABI), Psychosocial Disability and Trauma Informed Practice.
• Cultural awareness training developed and delivered by First Nations
people.
• Enhanced guidance for each of the mainstream interfaces, which is publicly
available.
Specific to the justice interface
Note: Training and resources should be made available to all NDIS staff working in
the justice interface, including applicable specialised and national delivery business
areas.
• Enhanced guidance, including principles for applying the NDIS Legislation
in complex, justice circumstances for planning and enabling areas,
including case examples.
• Justice training and enhanced guidance for decision makers, such as NDIS
Access Assessors and Planners.
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• Training to clarify NDIS internal roles and responsibilities for forensic justice
and health system interactions.
• Specialised learning about FASD, ABI, Psychosocial Disability, and
Trauma Informed practice in the justice interface, as part of onboarding and
ongoing training requirements.
• Training about the nuances of adult, youth justice and forensic participant
cohorts.
• Develop and document a comprehensive Justice Liaison onboarding and
training program, including specialist training for commonly occurring
conditions.
• Establish a formal ‘Justice Community of Practice’ with representation
across the Agency, to embed continuous improvement, training, and skills
development opportunities.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 3
• Finding Area 5
• Royal Commission Recommendation 4.11 Consultation with people with
disability
• Royal Commission Recommendation 8.5 Disability training for staff in youth
detention
• Royal Commission Recommendation 8.17 NDIS Applied Principles and
Tables of Support concerning the justice system
• Australia’s Disability Strategy 2021-2023 - Priority Area 2 - Safety Rights &
Justice.
Responsible Stakeholders
• NDIA
• First Nations People and Communities.
Recommendation 9: Develop specialised NDIS Justice
pathways
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About the recommendation
People with a justice interface require a specialised approach to NDIS Access and
Planning, that is underpinned by experienced, knowledgeable personnel. There are
a range of missed opportunities that arise due to information being ‘lost in translation’
between justice systems and the NDIA, and significant resources used to further
negotiate, or evidence support needs, often requiring escalation between
stakeholders. This can also result in missed opportunities for early identification and
transition planning. Specialised justice pathways should include:
• Development of dedicated NDIS Access & Planning pathways which are
staffed by skilled decision makers with understanding of key justice and
forensic reports and concepts, state legislation and lawful orders.
• Embedding the Justice Transition Framework and Planning practices
• Completion of a comprehensive justice onboarding and training package
• Education for state and territory justice staff about working in partnership
with the NDIA, including use of NDIS escalation pathways.
Finding, Strategy and Royal Commission Links
• Finding Area 2
• Finding Area 4
• Finding Area 5
Responsible Stakeholders
• NDIA
Recommendation 10: Refine NDIS Proof of Identity policy and
processes for people in the justice system, where there is
limited documentation available
About the recommendation
People in the justice system may have challenges providing acceptable Proof of
Identity (POI) information to the NDIS. This can be for several reasons including
impact of historical government practices such as the ‘Stolen Generation’, not having
been registered at birth, lack of formal identification, experiences of domestic
violence, and those who have previously left custody without identification.
Reviewing POI operational policy and processes may alleviate barriers to accessing
NDIS supports, and reduce administrative burden for people with disability, the NDIS
and state and territory stakeholders alike. These improvements should consider:
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• Enhancing the NDIA's existing POI processes for people who require
alternate pathways, by modelling other Commonwealth & State
government organisational approaches e.g., Centrelink, alternative
identification check.
• Create easier to understand information for people with disability who are
unable to provide evidence of identity, which clarifies other accepted forms
of identification.
• Enhance the training and resources available to NDIA staff and Partners
that explain sensitivities for and how to support First Nations people who
may be unable to provide evidence of identity.
• Include specific information about recognising Kinship Care arrangements,
and how this may impact POI for people with disability and their supporters.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 5
• Royal Commission Recommendation 4.11 Consultation with people with
disability
• Royal Commission Recommendation 4.14 The duty to provide accessible
information.
Responsible Stakeholders
• NDIA
• First Nations People and Communities
Recommendation 11: Refine NDIS forms and processes to
make them more relevant, accessible, and easier to
understand
About the recommendation
The current length, format and complexity of NDIS Access and Consent forms can
create challenges for people with disability including barriers to obtaining NDIS
Access and missing out on vital disability related support. The variation between
consent processes of the NDIS and state and territories can create challenges
obtaining informed consent. This is most relevant for young people who may wish to
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make decisions for themselves, and people who are hard to reach or unable to
contact. In some jurisdictions, concerns have been raised about whether a person in
the justice setting is providing informed consent for state and territory staff to act on
their behalf, and whether this authority is more suited to a nominee arrangement.
This can influence whether the NDIS plan reflects the person’s goals and
aspirations. Considerations for refinement include:
• Creating a variety of accessible formats for NDIS Access & Consent forms,
written in plain language, with concepts clearly explained.
• Enhancing consent guidance, process, and parameters for:
‒ Young People providing their own consent.
‒ Approaches to working with key stakeholders, where young people
and unable to contact processes intersect.
‒ Verifying informed consent for people in a justice setting.
‒ Clarifying boundaries between consent to act and nominees for
justice teams, and subsequent remediation activities.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 5
• Royal Commission Recommendation 4.14 The duty to provide accessible
information.
Responsible Stakeholders
• NDIA
Recommendation 12: Continue to develop the Justice Liaison
service offer, expanding support to key stakeholders
About the recommendation
The Project consultations heard about the benefit of Justice Liaison Officers (JLO),
working with state and territory justice and forensic staff to support people with a
disability to transition into community, and dedicated support for NDIS Access. The
first 3 months after a person leaves custody or forensic settings were identified as a
high-risk period where increased support and monitoring was required by all
stakeholders. It was noted in some areas there are not enough JLO's to support
demand for the service offer and some First Nations stakeholders identified limited
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knowledge about how the NDIS and JLOs can support people with disability. Further
development of the JLO role should include:
• Initiating an internal review of the Justice Liaison service offer to consider
its efficacy and resourcing.
• Explore best practice models for optimising First Nations personnel
representation.
• Where there is no existing NDIA service, extend the JLO service offer to
support transition for up to 12 weeks after a person leaves custody, where
required.
• Commence a national service offer to support court and judiciary settings,
focused initially on education about the NDIS responsibilities and
processes.
• Establishing a publicly available framework that communicates the Justice
Liaison service offer.
Finding, Strategy and Royal Commission Links
• Finding Area 1
• Finding Area 2
• Finding Area 5
• Finding Area 7.
Responsible Stakeholders
• NDIA
Recommendation 13: Information sharing within and between
governments is formalised
About the recommendation
Ongoing work between governments to formalise data sharing opportunities is
acknowledged as a work in progress, however, state and territory government
stakeholders also raised barriers about internal information sharing. This was
typically because of ad hoc or informal arrangements, or the use of multiple systems
that do not interact. Information sharing is essential for preparation for transition,
and deficits can lead to lack of support, inability to identify potential fraud and missed
opportunities for early intervention. Particularly for children and young people, timely
use of data to drive early intervention can act as a protective factor against youth
justice engagement. Opportunities for improvement include:
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• An approach to the use of individual Nationally Consistent Collection of
Data on School Students with Disability (NCCD) data, enhancing disability
screening, identification and early intervention opportunities for children
and young people. The NCCD data could also establish geographical areas
for targeted investment and prevention strategies.
• Information sharing between Services Australia and NDIA to be
consolidated, ensuring justice data is shared with operational teams to
provide timely information about people requiring justice and transition
related supports considerations.
• Work should continue towards formalising Data Sharing Agreements
between the NDIA and State and Territory Governments.
Finding, Strategy and Royal Commission Links
• Finding Area 4
• Finding Area 5
• Finding Area 7
• Royal Commission Recommendation 7.9 Data, evidence and building best
practice.
• Recommendation 8.13 Data about people detained in forensic systems.
Responsible Stakeholders
• Commonwealth Government
• NDIA
• State and Territory Governments.
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6. Conclusion
The Justice Transition Project was established to find a shared way towards
improving experiences and outcomes for people with disability transitioning from
justice settings.
The Project used a listening approach to walk alongside more than 300 of our First
Nations and state and territory government colleagues. We learned about their
experiences supporting people with disability, their challenges and vision for what
best practice can look like, facilitating collaborative, person centered transition
practices into the future.
The findings uncovered by the project were not unexpected, but the unintended
benefits experienced from listening to our colleagues and working through
challenges together can’t be under-sold:
• Establishing new connections and maintaining important existing relationships
with First Nations stakeholders.
• New relationships were formed between the NDIA, and state and territory
government departments, enabling additional pathways for supporting people
with disability.
• Justice Liaison Officers now work with facilities they had never previously
been able to access.
• State and territory government colleagues across their internal departments
connecting for the first time during Project engagements.
• Recognition of the importance of and opportunities for early intervention.
The responsibility to enhance the participant experience when transitioning from a
custodial setting is shared by all governments, though many of the Project
recommendations centre around how the NDIA can make improvements.
Consistent with the Royal Commission findings and recommendations, all
stakeholders should consider how the Project work may influence a co-ordinated
approach to changing process, practice, and policy, supporting system wide change
for people with disability in the justice system.
For First Nations people, co-designed and collaborative work alongside community
members will be more likely to drive appropriate change, creating a system that is
better placed to support everyone’s needs.
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7. References
1 Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P275
2 Alternatives To Incarceration In The Northern Territory - Jailing Is Failing, Justice
Reform Initiative (2023), P 8-9
3 Recommendation 8.4 Screening and assessment for disability in youth detention,
Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P271
4 Recommendation 8.16 Support by First Nations organisations to people in custody,
Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P276
5 Recommendation 9.2 Ages and Stages Questionnaire-Talking about Raising
Aboriginal Kids (ASQ-TRAK), Executive Summary, Our vision for an inclusive
Australia and Recommendations – Final Report (2023), P280
6 Evidence-based case studies: What works in early prevention, State Of State Of
Incarceration Insights Into Imprisonment In The Australian Capital Territory - Jailing
Is Failing, Justice Reform Initiative (2023), P15
7 Recommendation 9.12 Disability-inclusive cultural safety standards, Executive
Summary, Our vision for an inclusive Australia and Recommendations – Final Report
(2023), P284
8 Priority Reform 3, Transforming Government Organisations - National Agreement
on Closing the Gap (2020), P11
9 Alternatives To Incarceration In The Northern Territory - Jailing Is Failing, Justice
Reform Initiative (2023)Alternatives To Incarceration In The Northern Territory -
Jailing Is Failing, Justice Reform Initiative (2023) - Jailing Is Failing, Justice Reform
Initiative (2023), P50
10 Recommendation 8.14 National practice guidelines for screening in custody,
Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P275
11 Recommendation 8.15 Policies and practices on screening, identifying and
diagnosing disability in custody, Executive Summary, Our vision for an inclusive
Australia and Recommendations – Final Report (2023), P276
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12 Recommendation 10.4 Quality of support coordination, Executive Summary, Our
vision for an inclusive Australia and Recommendations – Final Report (2023), P286
13 Pre-release engagement for people in custody, Alternatives To Incarceration In
The Northern Territory - Jailing Is Failing, Justice Reform Initiative (2023), P50
14 Priority Reform 3, Transforming Government Organisations - Closing the Gap
(2020), P1
15 Recommendation 9.12 Disability-inclusive cultural safety standards, Executive
Summary, Our vision for an inclusive Australia and Recommendations – Final Report
(2023), P284
16 Policy Priority 2: Policies, processes and programs provide better responses to
people with disability who have experienced trauma, Australia’s Disability Strategy
2021 – 2031, P15
17 Achieving inclusive homes & living, Executive Summary, Our vision for an
inclusive Australia and Recommendations – Final Report (2023), P115-122
18 Recommendation 7.42 Improve access to alternative housing options, Executive
Summary, Our vision for an inclusive Australia and Recommendations – Final Report
(2023), P266
19 Recommendation 7.39 Preventing homelessness when people with disability
transition from service or institutional settings, Executive Summary, Our vision for an
inclusive Australia and Recommendations – Final Report (2023), P264
20 Recommendation 7.35 Increase the availability and supply of accessible and
adaptive housing for people with disability through the National Construction Code,
Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P261
21 Appendix A: Good Practice Principles In Service Delivery: How To Build Services
That Work To Reduce Recidivism, Alternatives To Incarceration In The Northern
Territory - Jailing Is Failing, Justice Reform Initiative (2023), P48
22 Recommendation 10.21 Registration and audit process, Executive Summary, Our
vision for an inclusive Australia and Recommendations – Final Report (2023), P295
23 Recommendation 8.11 Information for courts and legal practitioners, Executive
Summary, Our vision for an inclusive Australia and Recommendations – Final Report
(2023), P270
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24 Access to NDIS-funded transition supports, Executive Summary, Our vision for an
inclusive Australia and Recommendations – Final Report (2023), P133
26 Alternatives To Incarceration In The Northern Territory - Jailing Is Failing, Justice
Reform Initiative (2023), P22
27 Recommendation 8.14 National practice guidelines for screening in custody,
Executive Summary, Our vision for an inclusive Australia and Recommendations –
Final Report (2023), P275
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