Document ID: chunk:federal_register_of_legislation:F2013L01063:body:0:p13
Version: federal_register_of_legislation:F2013L01063
Segment Type: other
Provision Reference: 
Character Range: 33193–35365

of the civil justice system), but is not in a custodial setting (for example, a person on bail, a person under a community based order that places controls on the person to manage risks to the individual or to the community, a former prisoner on parole, or a person in home detention).

    person in custody means a person in a custodial setting, whether on remand or as a result of a sentence or other court order (including in a youth detention and training facility), or in a secure mental health facility.

    transition supports, for a person in a custodial setting, means supports to facilitate the person's transition from the custodial setting to the community that:

       (a) are reasonable and necessary; and

       (b) are required specifically as a result of the person's functional impairment.

    7.24 The NDIS will be responsible for:

       (a) in relation to a person not in custody—reasonable and necessary supports on the same basis as all other persons; and

       (b) in relation to a person in custody:

           (i) reasonable and necessary supports other than those mentioned in paragraph 7.25(a), to the extent appropriate in the circumstances of the person's custody; and

           (ii) transition supports.

    7.25 The NDIS will not be responsible for:

       (a) the day-to-day care and support needs of a person in custody, including supervision, personal care and general supports; or

       (b) ensuring that criminal justice system services are accessible for people with disability including appropriate communication and engagement mechanisms, adjustments to the physical environment, accessible legal assistance services and appropriate fee waivers; or

       (c) general programs for the wider population, including programs to prevent offending and minimise risks of offending and re-offending and the diversion of young people and adults from the criminal justice system; or

       (d) the management of community corrections, including corrections-related supervision for offenders on community based orders; or

       (e) the operation of secure mental health facilities that are primarily clinical in nature.