The Australian Government is putting disability service providers and retailers on notice over misleading and deceptive advertising that targets NDIS participants and their families.
The NDIA does not endorse or approve any products or services.
However, there are businesses that promote their offerings as ‘NDIS approved’, ‘NDIS permitted’ or ‘100% NDIS funded’.
Those who do so are likely breaching Australian Consumer Law.
In August last year, the NDIA launched a targeted campaign, aimed at cracking down on misleading advertising. Since then, the dedicated team monitoring the market has referred:
- 604 instances of concerning practices under the Australian Consumer Law to the ACCC
- 112 instances of likely breaches of the NDIS Provider Code of Conduct to the NDIS Quality and Safeguards Commission (NDIS Commission)
- 6 integrity matters to the Fraud Fusion Taskforce.
As a result of these referrals, more than $100,000 in fines have been paid, including by:
To better protect people with disability and their families, the Government also introduced new NDIS Support lists last year. These lists provide greater clarity on what is and is not appropriately funded by the NDIS.
The establishment of the NDIS (Fair Price and Australian Consumer Law) Taskforce in December 2023 has helped to strengthen oversight of the NDIS marketplace.
It brings together the NDIA, ACCC and the NDIS Quality and Safeguards Commission to tackle providers making false or misleading representations about their products or services.
Registered NDIS providers are permitted to use the ‘I/we heart NDIS’ and ‘I/we support NDIS’ logos with the tagline, ‘Registered Provider’.
Read the NDIS logo guidelines
Quotes attributable to Senator Jenny McAllister, Minister for the NDIS:
“We will not tolerate businesses trying to mislead people with disability for profit. NDIS participants deserve clear, accurate and honest information about what they can purchase with their funding.”
“If a business is purposefully deceiving NDIS participants to make a quick buck then it will be held accountable.”
“Those caught doing the wrong thing could face hefty fines, as seen with Thermomix and Bedshed.”
Quotes attributable to Andrew Leigh MP, Assistant Minister for Productivity, Competition, Charities and Treasury:
“Targeting people with disability and their families is a gross breach of trust. It is a deliberate attempt to drain public funds set aside for their support. We will keep working with disability regulators to call out misleading claims and hold businesses to account. If your business model relies on trying to trick people with disability, expect consequences.”