The ACCC has identified serious concerns affecting people using the NDIS.

Some providers have:

• Used misleading advertising
• Included unfair contract terms
• Charged for services not delivered
• Changed fees without notice
• Targeted participants with scams
• Made misleading claims about Specialist Disability Accommodation (SDA)
• Used practices that particularly impact First Nations participants

You have the right to clear information, fair agreements and services delivered as promised.

Here is the ACCC report on consumer issues and NDIS. 

Be cautious if a provider:

• Claims a product is “NDIS Approved” or “NDIS Funded”
• Does not provide a clear written agreement
• Uses confusing or one-sided contract terms
• Changes prices without telling you
• Charges for services you did not receive
• Refuses to fix a problem

Important:
Products cannot be “NDIS Approved.”
Providers can be registered with the NDIS — products themselves cannot be approved.

If something feels unclear, pressured or unfair, it is okay to ask questions or seek support.

Mable
Mable, an online platform where people can find and connect with independent support workers, required support workers to pay a penalty fee if they continued working with a participant after leaving the platform.

Other concerns about Mable included:

• Limited time for participants to dispute timesheets
• Changing fees and terms without clear notice

Following this regulatory action by the ACCC, Mable agreed to address these issues.

WeFlex
In a more recent case, a fitness company called WeFlex advertised its service as ‘If you have NDIS funding, it’s covered’. Companies cannot claim their services are covered by the NDIS, as this will depend on your individual plan.

‘NDIS approved’ claims
Some companies say their product is ‘NDIS Approved’.  Products cannot be ‘NDIS Approved.’   Providers can be registered with the NDIS, products cannot be.  In cases about Thermomix and Bedhead, companies were stopped from advertising its products as ‘NDIS approved’, ‘NDIS Consumables’, ‘NDIS equipment’  or ‘NDIS assistive technology’.

Making a complaint can help protect you — and others.

You can make a complaint to:

• NDIS Quality and Safeguards Commission
• The Queensland Office of Fair Trading (OFT)
• The Australian Competition and Consumer Commission (ACCC)

Or make a consumer and trader dispute claim in the Queensland Civil and Administrative Tribunal (QCAT).

Caxton Legal Centre – Consumer Law Service

Free specialist legal advice to people with consumer and consumer credit legal problems, including loans, bankruptcy, debt collection, mortgage brokers and financial advisors.

Phone: 07 3214 6333
Website: caxton.org.au

Cairns Community Legal Centre – Consumer Law Service

Legal help for socially and financially disadvantaged Queenslanders with consumer credit matters, consumer product or service disputes, consumer debt matters, bankruptcy and other consumer law matters. 

Phone: 1800 062 608
Website: cclc.org.au

Legal Aid Queensland

You can seek advice from a Legal Aid lawyer.

Phone: 1300 65 11 88
Website: legalaid.qld.gov.au