ACCC Federal Court action against NDIS and aged care provider welcomed

The Minister for the NDIS the Hon Bill Shorten MP and Assistant Minister for Competition, Charities and Treasury, Dr Andrew Leigh MP today welcomed strong action by the Australian Competition and Consumer Commission (ACCC) to address allegations of false and misleading conduct by an Aged Care and National Disability Insurance Scheme (NDIS) provider, Ausnew Home Care Service Pty Ltd. 

This action is proof of the success of the ongoing collaboration between the ACCC, the NDIS Quality and Safeguards Commission (NDIS Commission), and the National Disability Insurance Agency (NDIA) to drive positive outcomes that safeguard NDIS participants in the Scheme and stamp out poor behaviour by providers.

Minister Shorten said the commencement of civil proceedings in the Federal Court against Ausnew Home Care Service sends a strong message to any provider who falsely claims their products are ‘NDIS approved’ or misleads NDIS participants about the price of products.  

‘There are some providers out there using ‘NDIS approved’ labels for supports, services and equipment to deliberately mislead participants and their families. 

‘This action by the ACCC put these dodgy providers on notice – there is no such thing as an ‘NDIS approved’ or ‘NDIS accredited’ supports outside of what is included in a participants plan from the NDIA. The work by the Taskforce is giving power to participants to put the tough questions to providers and enforce their rights.

“Together with Minister Leigh, we established this joint agency Taskforce in March this year to address fair pricing and strengthen participant’s understanding of their rights. I am pleased we are continuing to see strong results – especially as this provider targeted members of the community that have a disability or were elderly,” Minister Shorten said.

“There’s no excuse for providers ripping off NDIS participants and older members of the community, and these government agencies will continue to work together to uphold the integrity of the Scheme, and most importantly, keep NDIS participants safe.

Assistant Minister Leigh said the Taskforce and agencies will continue to tackle illegal overcharging of NDIS participants. 

“People with disability have a right to pay a fair and reasonable rate for services and not to be pressured into buying a support or service you don’t want or need, Assistant Minister Leigh said.

“There’s no such thing as an ‘NDIS Approved’ product. The NDIS approves providers, not products. 

“The ACCC will continue to take action against providers who breach competition and consumer laws.”

If you are concerned you are being overcharged or mislead, please email the NDIS Quality and Safeguards Commission at [email protected] or call 1800 035 544. For information about your consumer rights, or to make a report to the ACCC please visit accc.gov.au