The NDIS Early Advice Service assists current Legal Aid WA clients to apply for the National Disability Insurance Scheme (NDIS) and to get the disability supports they need. Our clients are often dealing with multiple legal issues and are faced with many disadvantaging factors such as homelessness, in addition to living with an undiagnosed or unsupported disability. Many of our clients have long-standing cognitive, intellectual or mental health impairments, often accompanied by neurodiverse conditions.
Most of these clients would not have become involved in the justice system if their disability support needs were being met.
Without access to NDIS supports, our clients face risks such as homelessness, further criminal charges, involvement with the Department of Communities, bail or parole refusal, or hospitalisation.
Our NDIS Early Advice Service collaborates with external stakeholders across Justice, Health, and Child Protection services to facilitate assessments and gather evidence to meet the NDIS legislative criteria for access and supports. We work alongside in-house and private practitioners who are managing our clients’ other legal matters; the Disability Legal WA (DLWA) team who provide case management and social support, and other Legal Aid WA services such as Disability Advocacy and Referral Diversion for Young People (DARDY) and the prison visiting service. Due to the complexity of our clients’ legal, social and medical issues, it can take months of evidence gathering, advocating, and navigating NDIS procedures to get them access to the supports they need.
The goal of our service is to get our clients the disability supports they need to address the key underlying causes of their current legal issues, and to support them appropriately in the community to prevent future legal issues from arising. In doing so, the work we do achieves life-changing outcomes for our clients.
Many of our clients are given access for the first time to disability supports that not only enable them to live safely in the community, but also to build their capacity to work towards life goals related to areas such as employment, relationships, and education. Our service is unique amongst the Legal Aid Commissions: in other Legal Aid Commissions, NDIS legal services are limited to clients who are at the stage of appealing a decision in the Administrative Review Tribunal.
We assist clients in the early (pre-Tribunal) stages to apply for NDIS access and supports, with the aim of achieving the outcomes they require and avoiding the need to commence Tribunal proceedings. The NDIS Early Advice Service gives our clients access to the advice and expertise needed to navigate the evidence gathering and legislative processes involved in achieving life-changing outcomes.
Harry's story (*not his real name)
Harry is a 47-year-old man who was referred from custody after being represented under a grant of aid at sentencing. Having spent most of his adult life in custody, he had an extensive criminal record. The reports obtained for sentencing identified that Harry had a suspected intellectual disability in addition to other long-standing diagnoses including Schizophrenia, Post-Traumatic Stress Disorder (PTSD), and Substance Use Disorder. He was released on parole to a residential drug rehabilitation facility and our team gathered historical medical evidence from a range of sources to demonstrate that he meets the NDIS access criteria. This included organising and funding a clinical assessment to confirm a formal diagnosis of a moderate intellectual disability. Based on this evidence we then drafted compelling submissions outlining how Harry met the legislative criteria for NDIS access. We also supported Harry to access family law advice about establishing a relationship with his daughter he last saw 10 years ago, including submitting a successful grant of aid reconsideration request for dispute resolution. He has also been assisted to manage a parole breach matter and he has been linked in with advice in relation to Centrelink and housing.
Harry was accepted onto the NDIS and we have continued advocating for him to be accepted by a specialised complex support needs team within the NDIS, to be given an urgent initial NDIS planning meeting; and for his first NDIS plan to include the supports he needs to successfully manage in the community and prevent further interactions with the justice system. As with many of our past clients, after navigating much of his adult life without any support, access to NDIS supports has already been life changing for Harry.
The past few months have been the first time since Harry was 17 years old where he has not been in prison, on bail, on parole, or on a court order. He has secured NDIS supported accommodation, is about to start working with an employment counselling service to find and keep a job; and is engaging with an Occupational Therapist for assessments to further explore his therapy and support needs to achieve his long term goals.
Mel's Reflections
NDIS Early Advice Service Solicitor
I’ve had a long-standing interest in disability having worked as a speech pathologist prior to becoming a lawyer.
When the NDIS rolled out in WA, I was fortunate enough to combine my skills and experience in managing Legal Aid WA’s first dedicated NDIS Appeals Service.
I carried this passion for assisting clients with disabilities and NDIS law, and when DLWA was being created, the opportunity arose to provide an NDIS legal service focused on early advice and early resolution for our clients.
I love the team I work with and the work we do. Our clients are some of the most complex and vulnerable people I’ve ever come across in over 15 years of working at Legal Aid WA.
With the support of other services across Legal Aid WA and our relationships with external stakeholders, we’re assisting clients who would have never otherwise had the opportunity to access NDIS supports due to the complexity and vulnerability of their situations. It’s immensely rewarding to achieve NDIS access and finally see them being supported in the community after working with them through months of evidence gathering, assessments, and NDIS processes. It’s a privilege to be a part of these pivotal moments in our clients’ lives, seeing them set up with individualised funding to help them achieve life goals, and participate in the community in a positive and meaningful way.