People with disability are over-represented at every stage of the Western Australian justice system, and the point where things most often fall apart is release. No address, no supports in place, conditions nobody explained, and a long list of NDIS providers who say no. This guide sets out, step by step, how an NDIS plan can be used to plan a release that holds, written for families, lawyers, Community Corrections officers and support coordinators by a Perth provider that specialises in justice support.

First, the boundary: what the NDIS does and does not fund

The NDIS and the justice system have a written agreement about who pays for what. In short: while a person is in custody, their day-to-day care, supervision, health care and programs are the state’s responsibility. The NDIS can fund some disability-specific supports in custody, such as aids and equipment or capacity building that is not the prison’s job, and it funds planning for release. Once the person is living in the community, the NDIS funds the disability supports they need, including supports that help them meet the conditions of an order where the need arises from their disability.

Supervision of the order stays with Community Corrections. A support worker helps a person get to the reporting appointment and understand it; the officer does the supervising. Getting that boundary right in the plan is half the work.

Step 1: find out whether there is a plan

Many people enter custody with an NDIS plan that has lapsed or been left unused. Others have never applied although they are clearly eligible. The first question for a lawyer or family member is simple: is there a plan, who is the support coordinator, and when does the plan end? The NDIA can confirm this with the participant’s consent, and the prison’s transition or re-entry staff can usually help find out.

Step 2: if there is no plan, apply from custody

An access request can be made from inside. The evidence of disability is the hurdle: an intellectual disability assessment, a psychiatrist’s report, or a brain injury assessment, showing a permanent impairment that substantially reduces functional capacity. Prison health services, Legal Aid WA, the Aboriginal Legal Service and community legal centres have all helped people assemble this. The NDIA’s justice liaison officers are the contact point. Start early: an access decision and a first plan can take months.

Step 3: get a provider involved before the release date

A release plan needs an address, supports that start on day one, and a provider who will put both in writing for the court or the Prisoners Review Board. Four to six weeks before release is workable; longer is better. The provider should:

• Meet the person, in custody where permitted, or by video or phone
• Read the order or the proposed conditions and build the roster around them, including curfews and exclusion zones
• Lease or allocate a home where Supported Independent Living is needed, in a suburb that fits the conditions
• Work with the support coordinator so the plan has the right budgets: Home and Living for SIL, Core for daily and community support, Capacity Building for life-stage transition and tenancy support
• Provide a letter setting out the supports, the roster and the home, for the lawyer or the Board

Step 4: the first week out

The first week decides most things. The practical list is longer than people expect: Centrelink reinstated, a bank card, a phone, Medicare, medication from the prison pharmacy bridged to a GP, the Community Corrections reporting appointment, and food in the house. A good provider has a worker with the person for most of that week, drives them to every appointment, and writes it all down.

Step 5: build the ordinary week

What keeps people out of trouble is an ordinary week: somewhere to be in the morning, a reason to get up, people who expect you. Community participation funding pays for a worker to help build that: a gym, a club, a TAFE course, volunteering, a job through a Disability Employment Services provider, family visits that go well. The goal is for the support to fade as routine takes over, and for the plan review to show the NDIA what the funding achieved.

When things go wrong

A breach, a relapse or an arrest does not have to end the arrangement. Ask any provider you are considering what happens then. The honest answer is that they work the problem with the participant, the lawyer and the Corrections officer, keep the home open where it is safe to do so, and update the risk assessment. A provider that walks away at the first breach has not understood the work.

Frequently asked questions

Can someone apply for the NDIS while in prison?

Yes. Access requests can be made from custody, and the NDIA has justice liaison officers who work with prisons. Getting the evidence of disability together is the hard part, and a lawyer, prison health staff or a support coordinator can help.

Does the NDIS fund supports inside prison?

Mostly no. Day-to-day care, supervision and programs in custody are the state’s responsibility. The NDIS can fund some disability-specific supports and planning for release, and it funds the supports a person needs once they are living in the community.

What if there is no address for a parole application?

A SIL placement or an in-home support arrangement can be the address, if a provider is willing to put it in writing before release. That is why involving a provider early matters.

Who pays for the support worker who goes to Community Corrections appointments?

The NDIS, where getting there and understanding the appointment is a disability-related need. The supervision itself remains Corrections’ job.

Will a support provider report breaches?

Providers share information only with the participant’s informed consent or where the law requires it. Ask the provider to explain their policy before signing the service agreement.

This guide is general information from a registered NDIS provider in Perth, current at October 2026. It is not legal or financial advice. Check the current NDIS Operational Guidelines and talk to your support coordinator or planner about your own plan.