What the ACCC's 2026 NDIS Report Means for Plan Managed Participants

Key Information

• NDIS participants have the same rights under Australian Consumer Law (ACL) as any other consumer, alongside protections under the NDIS Code of Conduct.
• The ACCC's 2026 report found gaps between how some providers operate and what participants are entitled to. The ACCC has already issued six infringement notices plus Federal Court action against one provider.
• If you're experiencing an issue with a provider, you can raise it directly, contact your state consumer protection agency, or lodge a complaint with the NDIS Quality and Safeguards Commission and/or the ACCC.

The Australian Competition & Consumer Commission (ACCC) released a report in early 2026 focusing on observed consumer issues in the National Disability Insurance Scheme (NDIS). Reports like this are a sign of the NDIS system maturing and being held to correct, high standards – calling out what isn’t working now, in order to do better in the future.

One of the key issues it found was that the NDIS wasn’t functioning like a competitive market under Australian Consumer Law (ACL). Being an NDIS participant doesn’t cancel out your consumer rights – here’s how the ACCC’s report is helping to shine a spotlight on them.

How Australian Consumer Law protects you

In the NDIS system, we tend to talk about the NDIS Code of Conduct more than the ACL. Both are important, and both apply. NDIS participants have the same legal protections for purchasing goods and services under ACL as everyone else does. You’re an Australian consumer first, even in a specialised marketplace like the NDIS.

When we say ‘legal protections’, that means:

1. When you buy a product, it has to work properly. That means it does what it’s supposed to do, is safe to use, and it matches the description that was sold to you.
2. When you pay for a service, it’s done the right way, with care and skill.
3. If the service or product is broken, faulty, or not as described, it should be made right within a reasonable timeframe. That can mean repairs, replacement, refunds, or even compensation in some cases.
4. You’re protected from unfair practices. Businesses have to be fair and honest when selling you something, so you can make the best decision.
5. You’re protected from unfair contract terms, where one side has more power than the other. For example, high cancellation fees, long notice periods, and vague or broad liability.

What the ACCC’s 2026 report shows

Broadly speaking, the ACCC found there was a difference between how the NDIS provider system was operating and what NDIS participants were entitled to as Australian consumers purchasing services and products – which shouldn’t be the case.

While many providers were genuinely trying to do right by their clients, some were acting deliberately. The ACCC has ultimately determined that intent doesn’t matter, because all providers should be acting to the letter of consumer law. If providers are found to be breaching ACL, it will be taken seriously by the ACCC.

What does this mean for NDIS participants?

For a lot of participants, this has been hugely validating. It acknowledges major issues people have had with the quality, delivery or replacement of products and services, and it aims to hold NDIS providers to account if they fall short. The agency has already issued six infringement notices, and instituted Federal Court proceedings against an NDIS provider.

If you’ve felt stuck, dismissed, or lost on what to do next – the ACCC’s report means you have a better framework for what you can expect, what to do if something happens, and who to contact if you can’t resolve the issue with your provider.

Tips for navigating the NDIS: Ensuring your rights as an Australian consumer are being met

• Be wary of anything that seems too good to be true – especially a limited time price offer, or some kind of guarantee.
• Ask for clear explanations about charges and the breakdown of services. If a provider can’t clearly and specifically explain the details, that’s a sign to look elsewhere.
• If your service agreement isn’t easy to understand, ask your provider to write it in plain, easy to understand language or ask someone you trust to go over it with you.
• Check what charges may apply – cancellation fees and periods, exit terms, and any additional fees. For example, registered NDIS providers aren’t allowed to charge gap fees for delivery of NDIS supports.
• Get a second opinion if something doesn’t feel right. You can ask a support coordinator, your LAC or plan manager, someone you trust, or an independent advocate for help.

Related:

• Your Rights in an NDIS Planning Meeting: Can You Bring a Supporter?
• How to Choose the Right NDIS Support Worker

What to do if you’re experiencing issues with a provider

If you feel safe and comfortable to do so, communicating with the provider is usually the first step. This gives them the opportunity to make things right. If they fail to do so in a reasonable timeframe, or if you’re not comfortable communicating with them anymore, you can ask for help.

You can contact your state consumer protection agency for advice and assistance with ACL issues; they know consumer law inside out. Many states can offer free mediation services to help resolve these kinds of disputes. You can also ask the ACCC directly for guidance.

If you’d like to make a formal complaint:

• For issues with registered NDIS providers, you can lodge a complaint with the Quality and Safeguards Commission.
• For ACL breaches, you should report the issue to the ACCC for investigation.

Note: Keep records of your communications, contracts, invoices, and all relevant evidence of problems with the service, product or provider. This is evidence that can show what happened and the steps you’ve taken.

How plan management helps ensure compliance

Plan management adds a layer of checks before invoices are submitted to the NDIA. Having this second set of eyes with specific knowledge about pricing, and a ‘paper trail’ that can be easily reviewed, can be a valuable tool.

For example, code shopping was a key concern identified in the report. This is where providers try to invoice under a flexible or higher-paying code instead of using the correct, compliant one. This might mean the NDIS rejects the claim. Whether purposefully done or not, what matters is correcting errors in a timely manner - before they have the chance to cause a bigger issue.

Plan managers will check for accuracy and compliance before submitting any claims to the NDIA. For example, our NDSP system checks each invoice for any discrepancies. If found, it’s then escalated for manual review so we can make sure it follows both NDIA rules and your NDIS plan as written.

NDSP: Your Plan Management experts

NDSP believes in empowering NDIS participants across Australia with accessible, comprehensive plan management services. Our team are experts on everything NDIS, staying across the latest changes to the system, industry news, and price updates. We’re known for our speed, support and simplicity – working with NDSP allows you to focus your energy on what’s really important, while we take on the financial admin like processing invoices, budget tracking, record keeping, and reporting.

If you’re a plan-managed participant new to the NDIS, or you’re looking to switch providers, why not contact our friendly team today. We’d love to hear from you!