ACCC flags NDIS market conduct risks — key themes for advertising, native, and commercial teams

The ACCC has published a report highlighting patterns of conduct in NDIS markets that may breach the Australian Consumer Law (ACL). While the ACCC acknowledges the issues are not universal across the sector, it describes the volume and nature of complaints it is receiving as concerning. The ACCC’s focus is particularly relevant for publishers because the conduct described often arises through marketing, promotional claims, consumer-facing offers, and billing representations all areas where publisher teams can be asked to carry or amplify messages.

The ACCC’s work has been undertaken through a taskforce arrangement with the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards Commission. The ACCC indicates it has identified recurring issues including (among others): circumstances where providers allegedly charge for essential disability support goods that were not supplied as agreed, and marketing statements implying products or services are “NDIS-approved” or “eligible for NDIS funding” where that is not accurate. The ACCC notes that harm in this market can be particularly acute because the goods and services in question may be essential supports for people with disability, and impacts may include financial loss as well as broader safety and wellbeing consequences.

KEY ISSUE THEMES THE ACCC SAYS IT IS SEEING IN NDIS MARKETS 

The ACCC has flagged the following areas as ongoing concerns:

• False or misleading advertising and representations by providers (including claims about funding eligibility or “NDIS approval/endorsement”).

• Consumer guarantee issues, including failure to meet basic obligations around supply, quality, and remedies.

• Contracting issues, such as lack of clear written agreements and the inclusion of potentially unfair contract terms.

• Charging and supply issues, including billing for goods/services not supplied, or supply being delayed without appropriate resolution.

• Specialist Disability Accommodation (SDA) representations, where claims and impressions may create risk of misleading conduct.

• Impacts on First Nations participants, including market dynamics and accessibility factors that may increase vulnerability to harm.

• Scams targeting NDIS participants, which can intersect with advertising channels and lead- generation environments.

WHY THIS MATTERS FOR PUBLISHERS

For publisher teams, the ACCC’s alert reinforces the need to treat NDIS-related promotions as high sensitivity from both an ACL and brand-safety perspective. In practice, this commonly shows up as:

• requests to run language that implies endorsement, approval, or guaranteed funding (“NDIS approved”, “NDIS endorsed”, “eligible for NDIS funding”, “covered by the NDIS”, “we can get you funded”)

• lead-gen funnels or advertorial-style content that blurs the boundary between general information and commercial inducement

• pricing and value claims directed at participants that may raise fairness, transparency, and comparison issues

• contract and cancellation language embedded in offer pages that can create unfair term exposure

• claims about delivery timeframes, inclusions, or “what you’ll receive” that can trigger non-supply / delay complaint patterns.

ACCC ENFORCEMENT ACTION

Over the past period, the ACCC has signalled a more active enforcement stance in NDIS markets, including commencing court proceedings in 2024 against a NDIS provider over alleged breaches of the Australian Consumer Law. The ACCC has also issued infringement notices paid by Bedshed and Thermomix (Vorwerk Australia) in relation to alleged misleading representations that suggested NDIS endorsement or approval.

The ACCC has further noted that Mable Technologies provided a court-enforceable undertaking after admitting it used unfair contract terms, in breach of the Australian Consumer Law.

Commenting on the activity to date, ACCC Deputy Chair Catriona Lowe said the ACCC has secured outcomes that strengthen protections for NDIS participants and that further potential misconduct remains under investigation. Ms Lowe also warned providers that the ACCC is closely watching how NDIS-related products and services are marketed and supplied and will respond where conduct raises concerns.

The ACCC has also indicated it is working in tandem with state and territory consumer protection agencies sharing intelligence, coordinating activity, and jointly enforcing the Australian Consumer Law where appropriate. In parallel, it is coordinating with taskforce partners to ensure matters are referred to the most appropriate regulator early.

PRACTICAL TAKEAWAYS FOR PUBLISHER TEAMS

When reviewing NDIS-related advertising, native content, lead-gen, or partner copy, consider tightening around:

• Funding/eligibility claims – avoid absolute statements; require substantiation; prefer factual, qualified language.

• Endorsement/approval representations – avoid “NDIS approved/endorsed” unless strictly accurate and documented.

• Offer clarity – ensure what is supplied, timing, and key limitations are clear and prominent.

• Pricing and comparisons – ensure transparency; avoid impressions that could be misleading to participants.

• Contracts and cancellation terms – ensure agreements are provided and terms are fair, clear, and accessible.

• Scam risk – apply heightened scrutiny to acquisition tactics, urgency framing, and “too good to be true” incentives.