This article provides guidance on NDIS funding considerations for supports related to the justice system, including transitions from custodial settings. The following information is to provide you with examples of what the NDIS may fund. It’s important to note that this is only a guide to assist you make an informed decision. Only your My NDIS Contact, an NDIS Delegate, or the explicit written information in a current NDIS plan serves as the source of truth. The NDIS considers requests based on whether the support is related to your disability and whether it meets the NDIS Reasonable and Necessary Guidelines.
Overview
The NDIS may fund certain supports that assist participants with disability to transition from or avoid involvement with custodial settings, where these supports are related to their disability and align with NDIS funding criteria.
The NDIS is not responsible for supports that fall under the justice system or are unrelated to the participant's disability.
Supports That May Be Funded (NDIS Approval Required)
Assistance with Life Transitions (Transition Out of Custodial Setting)
NDIS may fund supports provided on a short-term basis that help participants manage significant life changes, including transition from custody. These supports can include:
- ⚠️ Assistance in coordinating or managing life stages and transitions.
- ⚠️ Short-term supports aimed at helping a participant re-integrate into the community.
🔗 Refer to:
NDIS Operational Guidelines - Would we fund it?
Supports Not Funded by the NDIS
The NDIS does not fund supports that are primarily the responsibility of the justice system or that do not meet the reasonable and necessary criteria under the NDIS Act. These include:
| Not Funded (NF) |
|---|
| ❌ Supervision and monitoring to prevent offending behaviour or to observe adherence to justice conditions. |
| ❌ Day-to-day care, support, or supervision of a person in custody (including secure mental health facilities). |
| ❌ Pre-sentence psychological or psychiatric reports required by courts. |
| ❌ Secure accommodation facilities whose purpose is to safeguard the community or prevent reoffending. |
These services fall under State/Territory justice systems and are not considered the responsibility of the NDIS.
Key Points for Decision-Making
✅ Supports must relate to the participant's disability.
✅ Must meet the NDIS funding criteria of being reasonable, necessary, and value for money.
✅ Should not duplicate services provided by other government systems (such as justice, health, or housing).
Participant Responsibilities
NDIS participants play a key role in managing their supports responsibly. Here’s what participants need to know:
| Responsibility | What It Means |
|---|---|
| 🎯 Know Your Goals | Ensure any support purchased helps achieve goals in your NDIS plan. |
| 💰 Understand Budget Categories | Each category has rules about what you can use funds for. |
| 📜 Be Aware of Stated Supports | Some plans include exact supports – others are more flexible but must still meet NDIS guidelines. |
| ⏳ Know Your Funding Periods | Be aware of how your funding is spread across the life of your plan. |
| ✅ Spend in Line with the Plan | Supports must meet the NDIS Reasonable and Necessary criteria. |
👉 If you're unsure whether a support is claimable, speak with your Plan Manager or Support Coordinator.
How to Get a Support Funded by the NDIS
To explore whether a support may be funded:
- Check your NDIS plan goals and categories.
- Consider how the support relates to your disability and functional capacity.
- Discuss with your Support Coordinator or My NDIS Contact for advice.
For more information, visit:
👉 Kismet Healthcare – NDIS Supports