Credit: Laura Mann via Unsplash
Australians in the National Disability Insurance Scheme (NDIS) face misleading advertising, unfair contracts and being charged for services not supplied, according to a report by the Australian Competition and Consumer Commission (ACCC).
Working with the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission, the regulator identified conduct that may breach the Australian Consumer Law.
This includes providers falsely claiming products or services are ‘NDIS-approved or eligible for NDIS funding’, charging for essential support not delivered as agreed and failing to honour consumer guarantees.
The ACCC also raised concerns about unclear or unfair contract terms, misleading claims about Specialist Disability Accommodation, impacts on First Nations participants and scams targeting participants.
“Conduct can be particularly harmful given products and services sought or acquired may be essential for Australians who experience a disability to participate in everyday life,” ACCC deputy chair, Catriona Lowe, said.
“Harm can range from financial loss and life-limiting impacts, to compromising the safety and physical wellbeing of NDIS participants.
“Such conduct is completely unacceptable and the ACCC will continue to work with taskforce agencies to protect NDIS participants, educate and hold providers that continue to do the wrong thing accountable.”
The ACCC has prioritised compliance in NDIS markets since 2024 and has started legal proceedings against a provider for alleged breaches of the law.
It has also issued infringement notices to Bedshed and Thermomix over alleged misleading claims about NDIS endorsements.
Mable Technologies provided a court-enforceable undertaking after admitting it used unfair contract terms.
“We have achieved positive outcomes to improve protections for NDIS participants and continue to investigate other potential misconduct,” Lowe said.
“NDIS providers should be aware that we are closely monitoring and responding to how they advertise and supply their products and services to consumers.
“We are also working closely with other taskforce agencies in ensuring information is referred to the responsible agency to act on at an early stage.”
The ACCC will publish a summary of the report and factsheets for participants and providers on its website.
NDIS participants who believe a provider has made false or misleading claims, including about NDIS funding, can report the matter to the ACCC.
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