Introduction
You got into this work to help people — not to become a legal expert.
But lately, it feels like you need a law degree just to stay compliant. Between NDIS rules, the Code of Conduct, audits, and now the ACCC? It’s overwhelming.
And maybe you’ve been wondering:
“Wait… competition and consumer law applies to me too?”
“Isn’t the NDIS Commission the only thing I need to worry about?”
You’re not alone. Many NDIS providers are only just learning that they also fall under the Australian Consumer Law. That means what you say in your marketing, how you price your services, and even the way you write service agreements could land you in trouble — even if you had the best intentions.
The good news? This isn’t about fear-mongering or red tape for the sake of it. Understanding your obligations under competition and consumer law doesn’t just protect you from penalties — it helps you build a more transparent, trustworthy, and fair business for your participants.
In this article, you’ll learn:
- What competition and consumer law actually is, and why it applies to your NDIS business
- The most common compliance traps (that many providers fall into without realising)
- Practical steps to stay on the right side of the law — without going cross-eyed reading legislation
Let’s break it down simply, and make sense of what really matters.
What is Competition and Consumer Law — and Why It Applies to You
Let’s start with the basics: What actually is competition and consumer law?
In Australia, these laws are set out in the Competition and Consumer Act 2010, which includes the Australian Consumer Law (ACL). The ACL applies to all businesses — and yes, that includes you as an NDIS provider, whether you’re a sole trader, a small organisation, or a larger operation.
At its core, consumer law is about making sure businesses treat customers fairly. That means:
- Being honest and clear in what you promise
- Charging fair and transparent prices
- Avoiding pressure selling or unfair contracts
- Not misleading or deceiving customers in your advertising, service agreements or verbal communications
The ACCC (Australian Competition and Consumer Commission) is the main regulator that enforces these laws, and they’ve been increasingly vocal about how these laws apply to the NDIS market.
In 2020, the ACCC identified the NDIS as a priority area for monitoring — highlighting concerns around pricing, marketing claims, and participant choice.
So, even though the NDIS is a government-funded scheme with its own rules and regulator (the NDIS Commission), you’re still operating in a broader market. That means you’ve got two sets of rules to follow:
- The NDIS Practice Standards and Code of Conduct, and
- The Australian Consumer Law, enforced by the ACCC
The overlap can feel murky, but here’s the simple rule of thumb:
💡 If you’re charging for services, advertising to clients, or entering into agreements — consumer law applies.
You don’t need to become a legal expert. But you do need to understand the basics — because accidentally breaching these rules can lead to complaints, investigations, fines, or reputational damage.
How These Laws Interact with the NDIS Framework
You might be thinking:
“Okay, I get that consumer law applies… but doesn’t the NDIS Commission already cover this stuff?”
Yes, there’s overlap.
No, that doesn’t mean you can ignore one or the other.
The Two Legal Pillars You Need to Know
- NDIS Code of Conduct & Practice Standards (NDIS Commission)
These set out how you’re expected to behave — from respecting participant rights to delivering quality services. Breaches can lead to:
- Registration suspension or revocation
- Sanctions or directions to change
- Referrals to other regulators
- Australian Consumer Law (ACCC)
This governs you as a business. It applies to your:
- Advertising
- Pricing
- Contracts
- General conduct
Breaches can lead to:
- Investigations
- Fines or legal action
- Public naming and shaming
Where They Overlap
Example: You promise a participant they’ll achieve a specific result.
This might:
- Breach the NDIS Code (if it’s misleading or unethical)
- Breach consumer law (if it’s false or deceptive)
Example: You use a confusing cancellation policy.
This might:
- Breach the NDIS Code (if it limits participant choice)
- Breach the ACL (if it’s considered an unfair contract term)
💡 Following NDIS rules isn’t enough. If you’re a provider delivering services for money, you’re also a business — and that means the Australian Consumer Law applies to you too.
Real Risks: Common Mistakes NDIS Providers Make
Here are five common pitfalls that catch out even well-meaning providers:
- Charging Different Prices Based on Plan Type
If you charge higher prices to self- or plan-managed participants without making it clear? That could be seen as price discrimination or misleading conduct.
- Over-Promising in Marketing
Claiming guaranteed results (e.g. “this therapy will fix…”)? That’s risky. You can’t guarantee outcomes, and the ACCC doesn’t care if your intentions were good.
- Unfair or Confusing Contracts
Long lock-in periods, vague cancellation clauses, or automatic renewals — these can all breach unfair contract laws, especially if participants don’t fully understand what they’re signing.
- Pressuring Participants or Limiting Choice
Saying things like “you have to sign today” or “we only work with our own therapists” restricts participant choice — a breach of both NDIS principles and consumer law.
- Thinking Good Intentions Are Enough
Even if you mean well, the law looks at the outcome, not your intent. If participants are misled, pressured or confused, you could still be liable.
How to Stay Compliant Without Going Crazy
You don’t need a law degree — just a bit of structure and awareness.
✔️ Use Clear, Plain-English Agreements
Make them simple, readable, and upfront about fees, cancellation policies and participant rights.
✔️ Be Honest and Grounded in Your Marketing
Avoid promising outcomes. Talk about your process, qualifications, and what participants can expect — without guarantees.
✔️ Be Transparent About Pricing
Disclose if rates vary based on plan type. Don’t bury fees in fine print. Be clear from the beginning.
✔️ Train Yourself and Your Team
Make sure everyone who interacts with participants understands what’s allowed and what’s not.
✔️ Create a Basic Internal Policy
Even a short document outlining your pricing, marketing standards and complaint handling process shows you’re serious about doing things properly.
✔️ Review Regularly
Service agreements, websites, and pricing structures should all be reviewed at least once a year.
What Happens If You Get It Wrong
Here’s what can happen if a participant (or regulator) raises a complaint:
🚨 You Might Be Investigated
Both the ACCC and NDIS Commission can request information or documents and scrutinise your practices.
📝 You Might Get a Warning or Legal Undertaking
You may be asked to formally agree (in writing) to change your practices. These undertakings are public and can hurt your reputation.
💰 You Might Be Fined
Penalties for consumer law breaches are steep:
- Up to $500,000 for individuals
- Up to $10 million or more for businesses
🧍♀️ You Might Lose Trust
Even without penalties, word spreads. A single public complaint can have a lasting impact on your business and referrals.
What to Do Next
You don’t need to panic — but you do need to act.
Your Quick-Start Compliance Checklist:
- ✅ Review your service agreements
- ✅ Audit your marketing content
- ✅ Check for price transparency
- ✅ Train staff on participant rights and fair practices
- ✅ Create a simple internal compliance guide
- ✅ Know when to seek legal help
Helpful Resources:
- ACCC: Business obligations
- NDIS Commission: Provider responsibilities
- Australian Consumer Law: Know your rights
- Free Legal Help for Small Businesses
Final Thought
You didn’t start this business to learn the ins and outs of law. You started it to change lives.
But building trust — real, lasting trust — means getting your compliance foundations right.
Start simple. Be transparent. And take one step at a time.
That’s how good providers stay great.