Disability & Justice
The vast majority of children in detention live with disability—cognitive impairment, intellectual disability, FASD, or mental health conditions. Most arrive undiagnosed. Few receive appropriate support.
This Is Not About Bad Choices
Research consistently shows that between 60-80% of young people in custody have cognitive impairments, intellectual disability, Fetal Alcohol Spectrum Disorder (FASD), acquired brain injury, or severe mental health conditions.
Many have multiple, overlapping disabilities. Most enter the system undiagnosed, navigate courts without understanding proceedings, and serve time in facilities ill-equipped to meet their needs.
This is not a story of bad kids making bad choices. It is a story of system failure—where schools, child protection, and health services miss early signs; where police encounter behaviour they interpret as defiance rather than disability; where courts proceed without ensuring comprehension; and where detention becomes the default response to unmet support needs.
"The young people at the centre of this story have names, families, and potential. What they need is recognition, support, and pathways away from the justice system—not deeper entrenchment within it."
Quick Facts
- →Indigenous young people are 4-5x more likely to have intellectual disability in custody
- →Only 2% of young people with FASD in detention have formal diagnosis
- →Behaviour is often misinterpreted as defiant, manipulative, or drug-affected
- →Standard court processes are often incomprehensible to those with cognitive impairment
Types of Disability in Youth Justice
Understanding the specific disabilities young people experience helps explain how they end up in the justice system and what support they need.
Intellectual Disability
Significant limitations in intellectual functioning and adaptive behaviour. 10-15% of youth in custody vs 2-3% general population.
- •Difficulty understanding court processes
- •Suggestibility in police interviews
- •Challenges with bail conditions
FASD (Fetal Alcohol Spectrum Disorder)
Brain-based disability caused by prenatal alcohol exposure. Often misinterpreted as defiance or non-compliance.
- •Impulsivity and poor judgment
- •Difficulty learning from consequences
- •Memory and communication challenges
Acquired Brain Injury
Brain damage from trauma, assault, accidents, or substance use. Common in populations with high violence exposure.
- •Behavioural regulation difficulties
- •Cognitive processing impairments
- •Emotional dysregulation
Neurodevelopmental Differences
Autism, ADHD, and related conditions affecting how young people process information and interact.
- •Sensory overwhelm in justice settings
- •Literal interpretation of language
- •Social communication difficulties
How Disability Becomes "Criminal Behaviour"
The pathway from unrecognised disability to justice involvement is predictable—and preventable.
Early Life
Missed or Late DiagnosisDisabilities often not identified in childhood. Behaviours misinterpreted as "naughty" or "difficult".
School
School ExclusionUndiagnosed disabilities lead to suspension, expulsion, and disengagement from education.
Police Contact
Misinterpreted BehaviourDisability-related behaviours seen as defiance, intoxication, or non-compliance.
Court
Proceedings Without UnderstandingYoung people agree to charges, conditions, and pleas they don't comprehend.
Detention
Inappropriate EnvironmentFacilities not designed for neurodiversity. Behaviour managed punitively.
Services for Young People with Disability
Finding appropriate support at the intersection of disability and justice can be challenging. Here are the types of services that can help.
Assessment & Diagnosis
Cognitive assessment, FASD diagnosis, psychological evaluation
- • Youth Justice Psychology Services
- • FASD Hub Australia
- • Developmental assessment clinics
Legal Support
Disability-aware legal aid, communication support, diversion advocacy
- • Intellectual Disability Rights Service
- • Disability advocacy in court
- • Communication partners
NDIS Navigation
Support coordination, plan management, justice pathway access
- • Specialist support coordination
- • Justice-specific NDIS planners
- • Plan review advocacy
Therapeutic Support
FASD-informed therapy, behaviour support, skills development
- • Occupational therapy
- • Speech pathology
- • Positive behaviour support
Find Disability-Aware Services Near You
Search our directory for services that understand the intersection of disability and justice— including FASD-informed providers, NDIS navigation support, and disability advocacy.
Stories from the Intersection
Real stories of young people with disability navigating the justice system—and what could have been different with early support.
The Hidden Epidemic
Comprehensive analysis of disability in Australian youth justice—statistics, Royal Commission progress, and personal stories.
Read StoryA: From Guarded to Self-Advocate
Through sustained community support, a young person learned to articulate their own needs and advocate for themselves.
Read StoryBrodie Germaine's Journey
From housing commission kid to national advocate—transformation through connection and community support.
Read StoryThe Hidden Epidemic: Full Research
Comprehensive research synthesis including statistics, Disability Royal Commission progress, personal stories, and service mapping.
Disability Royal Commission Progress
Recommendation 8.4 calls for timely screening and assessment for cognitive disability. Here's where each jurisdiction stands (as of 2025).
CAIDS-Q screening tool in use
14-day screening protocol established
Neurodevelopmental Disability Framework
Acknowledges need for culturally validated tools
Specialist Assessment Team in place
Service model development commenced
TIRA tool for reasonable adjustments
Reviewing Youth Justice Admissions policy
Critical Barrier: No nationally suitable, culturally appropriate disability screening tool exists that can be administered by community-based frontline staff. This particularly affects Indigenous young people, who are significantly over-represented at every point where disability and justice intersect.
What Young People with Disability Need
1.Early Identification
- • Universal screening at first point of contact
- • Culturally validated tools for Indigenous young people
- • Assessment by qualified professionals
- • Information sharing between health, education, and justice
2.Diversion with Support
- • Specialist courts (cognitive impairment, mental health)
- • Intensive case management with disability expertise
- • Supported accommodation as alternative to remand
- • Culturally safe programs for Indigenous young people
3.Therapeutic Approaches
- • Sensory-friendly environments
- • Communication support (visual aids, plain language)
- • Trauma-informed care
- • Continuity of NDIS and disability services
4.Transition Support
- • Disability-aware throughcare from custody to community
- • Stable housing with support
- • Education and employment pathways
- • Long-term NDIS coordination
Research & Resources
Evidence-based research, government inquiries, and international best practices on disability in youth justice.
Key Australian Research
Navigating Complexity to Support Justice-Involved Youth with FASD
Workforce development research on FASD-informed practices in youth justice.
Read ResearchRoyal Commission into NT Youth Detention
227 recommendations on systemic failures affecting children with disability.
View Inquiries →Youth Justice Research Database
27+ peer-reviewed studies including disability and neurodevelopmental research.
Browse Library →Volume 8: Criminal Justice and People with Disability
24 recommendations addressing maltreatment in criminal justice systems.
Read ReportInternational Best Practice
Canada: YCJA Model
Diversion and rehabilitation focus with 40% reduction in custody since 2003.
Learn More →New Zealand: Family Conferencing
80% of cases resolved without court. Culturally grounded approach.
Learn More →Scotland: Children's Hearings
Lay panels keep most children under 16 out of courts entirely.
Learn More →Key Organizations
Intellectual Disability Rights Service (IDRS)
Free legal service for people with intellectual disability in NSW. Justice Advocacy Service provides court and police support.
Visit WebsiteFASD Hub Australia
National FASD information, resources, and referral pathways for diagnosis and support.
Visit WebsiteNOFASD Australia
National peak body for FASD. Training, resources, and advocacy for FASD-aware justice responses.
Visit WebsiteVALID (Victorian Advocacy League)
Advocacy and resources for people with intellectual disability, including justice advocacy.
Visit WebsiteRecognition Is The First Step
Australia cannot claim to have a just youth justice system while the majority of children in detention have unmet disability support needs. Recognition—early, accurate, culturally safe—is the foundation of appropriate response.