The Australian Competition and Consumer Commission (ACCC) has recently released new observations highlighting consumer issues within the NDIS marketplace. One of the key concerns? "False or misleading advertising" targeting NDIS participants, nominees and families, which made up the highest proportion of NDIS-related complaints to the ACCC.

For many people, the NDIS is already complex. When providers or retailers make claims that are confusing, exaggerated or simply false, it can leave participants financially exposed and emotionally distressed.

Let’s break down what’s happening and how to protect yourself.

The ACCC has put providers on notice:

The ACCC’s recent report into consumer issues in the NDIS confirms what many participants and plan managers have been seeing firsthand:

• Misleading advertising about what is “NDIS approved”
• False claims that items are “100% NDIS funded”
• Businesses implying endorsement by the NDIA (by using the NDIS logo)
• The phrase “NDIS Provider” in business names
• Confusing marketing around what funding can actually be used for

Importantly, the NDIA does not approve or endorse individual products or services.

So, when a provider advertises something as:

• “NDIS Approved”
• “NDIS Permitted”
• “Guaranteed NDIS Funding”
• “100% Covered by the NDIS”

This is misleading and may breach Australian Consumer Law.

Funding decisions are based on individual circumstances, not marketing claims.

Why this is so harmful:

Participants and families are often navigating multiple systems, complex funding categories, and confusing NDIS terminology.

It is completely understandable that a nominee supporting a child with a new plan might see a paid Facebook advertisement stating “100% NDIS Covered” and assume it is safe to purchase.

But if the support:

• Is not reasonable and necessary for that participant, and so not an NDIS Support or
• Does not align with their plan goals and intention,

They can be left out of pocket, with the NDIA refusing to reimburse for payments made.  

Incorrect use of funding can also potentially:

• Reduce the available budget for essential supports.
• Trigger changes to how a participant’s plan is managed (for example, being moved from self-managed to agency-managed).

The complexity of the NDIS marketplace makes participants particularly vulnerable to misleading conduct.

How to protect yourself:

As a participant or nominee, you can:

• Check the provider’s registration status if they are claiming to be NDIS registered.
• Be cautious if the provider is making claims listed above.
• Cross-check the providers' support is in line with your plan.
• Speak with your my NDIS contact or NDIS planner to confirm that the supports are NDIS supports for you.
• Talk with your Plan Manager for support.

As Plan Managers, we often see the stress that misleading advertising causes, and it is entirely avoidable with the right checks in place.

Reporting misleading advertising:

If you believe a provider has engaged in misleading or deceptive conduct, you can report it to the:

• Australian Competition and Consumer Commission (ACCC)
• NDIS Quality and Safeguards Commission for concerns about registered providers

You can also email marketing@ndis.gov.au if you see unlawful use of the NDIS trademark. Include screenshots where possible.

The strength of the NDIS relies on ethical providers and informed participants.