Allied health NDIS providers: to improve our service quality, participant safety and reputations, we must address regulator concerns with day-to-day actions
1. The problem
If you read the comments on any NDIS-related news article, you’ll know a sizeable part of the population holds a low opinion of NDIS providers.
The big – and growing – problem for allied health NDIS providers is guilt by association:
- The whole sector is judged because of the highly-publicised misconduct of a few bad eggs.
- In media reports, NDIS providers are all tarred with the same brush.
- Politically, anti-provider sentiment helps governments win support for reforms that have a big impact on NDIS participants.
2. The challenge
We’re in a bind:
- If we complain about anti-provider sentiment, we sound like we’re defending bad providers, or minimising the harm they’ve caused.
- If we criticise specific reform proposals, like the NDIS supports definition, or mandatory provider registration, or I-CAN Needs Assessments, we sound like we’re opposed to all efforts to improve the scheme.
- If we question the evidence base about specific programs, or care models, or service delivery proposals, we sound like we’re impugning the good intentions of the programs (and the people behind them).
- If we grumble about real business challenges triggered by policy decisions, like pricing limits, we sound entitled or self-interested.
3. We are what we do, repeatedly
One reason I now publish NDIS-reform articles here, rather than on social media, is that I know many participants and taxpayers (and some providers!) are sick of hearing us talk about ourselves.
In truth, our actions speak louder than words. Instead of simply asserting our professional standards and good ethics, we need to demonstrate them, every day, in our practices.
“We are what we repeatedly do. Excellence, then, is not an act, but a habit.” – Will Durant
One way to do this is to pay special attention to the concerns and priorities of regulators, and then address them in our systems and training.
Let’s look at a specific recent example, with practical suggestions:
4. ACCC advertising concerns
On 10 February 2026, the Australian Competition & Consumer Commission (ACCC) published a 45-page report with its observations on consumer issues in the NDIS (Report).
Since 2024, the ACCC has been working with the NDIA and the NDIS Commission to improve NDIS provider compliance. The Report was written to help educate us about specific behaviours that might breach the Australian Consumer Law (ACL), with tips to improve our practices. Here are some key areas to consider:
4.1 Respect Pricing Arrangements and Pricing Limits
We must deal correctly with participants based on our registration status and how each participant’s plan is managed. Here’s a handy checklist:
Source: Report, p 9.
4.2 Ensure services to participants are in fact “NDIS supports”
Putting systems in place to make sure our services for participants are “NDIS supports”. This means we need to check that the proposed service is eligible for support, i.e. that it:
- meets the requirements of the Section 10 Lists (until the transitional rules are replaced by a permanent definition); and
- is reasonable and necessary for the participant; and
- is in line with the goals in the participant’s plan.
4.3 Check our advertising is not false or misleading
This means checking our social media posts, websites, brochures, and other advertising to confirm they include:
- no claims our services are “NDIS approved” or “NDIS funded” or “NDIS endorsed”;
- no guarantees of treatment outcome;
- no “higher was/discounted now” pricing (i.e. where the “sale” price is really the normal price);
- no statements that encourage participants to use NDIS funding to buy services or products that are not actually NDIS supports; and
- only claims that we can prove to be accurate (including evidence-based) and true.
4.4 Respect statutory consumer guarantees
The ACL contains a number of consumer guarantees, including a promise that our services will be delivered with due care and skill. For example, if we provide a service that doesn’t pass muster, the participant might be entitled to a part-or-full refund (depending on the circumstances).
Ordinarily, consumer guarantees cannot be excluded by contract (e.g. in service agreements), and it’s illegal to claim that they don’t apply or are limited.
4.5 Do not charge participants an “NDIS tax”
In December 2023, the NDIS Code of Conduct – which applies to all providers – was amended to regulate price differentiation and fair pricing:
- The drafting left a lot to be desired when it comes to service pricing.
- But regulators like the ACCC and NDIS Commission clearly expect that prices changed to participants for a service are not higher than prices for non-participants for the same service – unless there is a very good reason to justify a difference.
In practice, we mustn’t charge participants more than non-participants for the same services unless we have clear (preferably written) legal advice that it’s justifiable and legal in a particular circumstance.
While we’re talking about fees, the ACCC also thinks that it might be false and misleading for providers to claim that they must charge the maximum price allowable under the Pricing Arrangements. (This is because participants and providers can negotiate lower prices.)
4.6 Do not do anything to ‘lure’ participants into contracts
As healthcare providers, we should never try to lure participants into buying services they don’t need. This means, for example:
- No sign-on “freebies” (e.g. electronic tablets).
- No lock-in contracts.
Avoid things like discount coupons and testimonials, which might induce people to seek services they don’t need (and, in any event, breach SPA’s advertising rules, which are part of our Code of Ethics).
4.7 Review contracts to make sure they are understandable and fair
Service agreements and other contracts with participants need to be understood and accessible to participants. They should be clear about:
- Price (including any additional costs to participants)
- Scope of Services
- Timing
- Cancellation
- Disagreements and disputes
They must avoid unfair provisions, e.g.:
- Penalties
- Unilateral termination rights
- Long notice cancellation fees (beyond what is allowed)
- Exit fees
- Broad limitations of liability and indemnities that go beyond what’s reasonably necessary to protect legitimate interests
4.8 Help clients avoid scams
As trusted health professionals, we have an important role to play in helping vulnerable participants to spot and avoid scams, e.g.MyGov phishing, romance scams, etc.
The ACCC recognises we play a crucial role in recognising red flags for potential scams, and supporting participants to report their concerns, e.g. to Scamwatch.
5. Bottom line
By listening carefully to regulators and participants, and responding with appropriate actions, we demonstrate our professionalism in day-to-day practice, rather than just talking about it. Over time, this helps us to build a compliance culture, and to maintain trust with participants and regulators. (It also helps us to distinguish ourselves from fraudsters and other bad apples).
If we want to be recognised as reputable providers, we must maintain professional standards regardless of business conditions. Specifically, we should:
- listen carefully to regulators and participants;
- respond with actions to address concerns and improve our service quality and safety;
- train staff to understand and meet our obligations in every day practice; and
- do our best to do the right thing by participants, recognising that the NDIS exists for them.
Further reading:
- NDIS report: ACCC observations on consumer issues in the NDIS
- Australian SLP Spark Alert: Australian SLPs must review their marketing materials and websites ASAP!
- NDIS: Supports funded by the NDIS
- NDIS Quality and Safeguards Commission: Fair pricing
- Scamwatch
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