SMBTech
AUSTRALIANS living with disability are being exposed to misleading advertising and exploitative conduct from some National Disability Insurance Scheme (NDIS) providers, the Australian Competition and Consumer Commission (ACCC) has found.
The watchdog said such practices put participants at serious financial, safety, and wellbeing risks.
The ACCC, working alongside the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards Commission, uncovered evidence of providers breaching Australian Consumer Law through deceptive marketing, poor contractual practices, and failure to deliver agreed supports.
ACCC Deputy Chair Catriona Lowe said the misconduct posed “life-limiting impacts” for participants who rely on the NDIS for essential supports.
“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,” she said.
While the ACCC acknowledged that most providers act ethically, it said the patterns of misconduct were significant enough to require ongoing monitoring.
The Fair Pricing and Australian Consumer Law Taskforce, operating since December 2023, coordinates enforcement and intelligence-sharing across agencies to address these issues.
Enforcement actions have already been taken.
Bedshed and Thermomix paid infringement notices after making misleading NDIS claims, while home care platform Mable Technologies agreed to a court-enforceable undertaking over unfair contract terms.
“We have achieved positive outcomes to improve protections for NDIS participants and continue to investigate other potential misconduct,” Ms Lowe said.
The ACCC is also working with state and territory consumer protection agencies to share information and coordinate enforcement.
Factsheets and a summary of findings are planned to help participants and providers understand their rights and obligations.
Participants can report misleading statements or breaches of consumer rights directly to the ACCC.
The NDIS provides funding to eligible Australians living with disability, with the NDIA overseeing participant funding, pricing guidance, and fraud investigations.
The joint taskforce aims to ensure NDIS participants are not paying more than non-NDIS consumers for similar services and to tackle unfair conduct across the sector, reinforcing safeguards for some of Australia’s most vulnerable consumers.
