The Albanese Government is continuing to crack down on unfair participant pricing with the NDIS Fair Price and Australian Consumer Law Taskforce (The Taskforce) receiving almost 3,000 complaints since its inception.
The Taskforce is a collaboration between the National Disability Insurance Agency (NDIA), the NDIS Quality and Safeguards Commission (NDIS Commission), and the Australian Consumer and Competition Commission (ACCC) - yielding positive results after less than a year of operation.
Since its establishment in December 2023, the Taskforce has received and triaged more than 2,800 reports, with the majority of these (2,456) focused on matters related to pricing.
- The NDIS Commission has referred 34 consumer related matters to the ACCC' for further regulatory response.
- The NDIA has referred more than 140 businesses to the ACCC in relation to potential misconduct under Australian Consumer Law.
- The ACCC is actively investigating multiple NDIS providers for contraventions of the Australian Consumer Law and anticipates taking public enforcement action in the near future.
Minister for the NDIS and Government Services, the Hon Bill Shorten MP, said the Taskforce was established to address NDIS providers charging higher prices for goods and services to NDIS participants compared to people not on the NDIS.
"We're targeting the predatory providers and businesses who think they can take advantage of people with disability simply because they receive NDIS funding," said Minister Shorten.
"That kind of behaviour is abhorrent and will not be tolerated.
"If someone is on the NDIS, they should not be paying a different price for any product or service than anyone else unless there's a very good reason.
"The Taskforce is effectively identifying and addressing misconduct, and ensuring every possible dollar in the NDIS is being used to support people with disability."
To date, the NDIS Commission has resolved more than 85% of the pricing-related matters, sending out warning letters and educating providers about their obligations under the NDIS Code of Conduct.
To strengthen the work of the Taskforce, the NDIS Commission has also developed a set of digital resources designed to ensure that participants understand their rights and that providers are aware of their obligations under the NDIS Code of Conduct.
Assistant Minister for Competition, Charities and Treasury, Andrew Leigh said the common issues identified by the Taskforce include false or misleading advertising of NDIS goods and services, providers not adhering to consumer guarantee laws, unfair contract terms, and providers wrongly accepting payment or charging for goods or services not supplied.
"There's no excuse for providers ripping off NDIS participants."
"The ACCC has put businesses on notice that it is focusing on problematic advertising practices which target NDIS participants" "Everyone working within the Scheme needs to be aware of their responsibilities under the Code of Conduct as well as under Australian Consumer Law."
"Businesses trying to cash in on NDIS participants should know the ramifications of doing the wrong thing.
"You will be identified, and you will face the consequences."