The NDIA crackdown on “NDIS approved” and “100% NDIS funded” ads

The NDIA says “NDIS approved” and “100% NDIS funded” claims likely breach consumer law. What providers should change, and the 2026 anti-promotion orders.

4 December 202511 min read

On 4 December 2025, the National Disability Insurance Agency (NDIA) put providers and retailers on notice: promoting products or services as “NDIS approved”, “NDIS permitted” or “100% NDIS funded” is likely to breach the Australian Consumer Law. The reason is simple. The NDIA does not endorse or approve any products or services.

For allied health practices that work with NDIS participants, this matters well beyond retail. Physiotherapists, occupational therapists, speech pathologists, psychologists and other providers often use NDIS language on their websites, in ads and on social media. Since that warning, Parliament has also passed a law creating new anti-promotion orders aimed at advertising that undermines the scheme. This article explains what the NDIA said, what is confirmed about the 2026 changes, and how to review your marketing.

What has happened since

The National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Act 2026 passed Parliament on 1 April 2026 and received Royal Assent on 8 April 2026. According to the Minister for the NDIS, its measures include new anti-promotion orders designed to crack down on businesses that advertise NDIS supports in ways that undermine the scheme’s integrity and trick participants into misusing their funding.

We have not been able to confirm when the anti-promotion order provisions start, how they will operate in detail, or the penalties attached to them. As at its last update on 22 July 2026, the Department of Health, Disability and Ageing page on the Act said further explanatory information, including any rules changes, would be available soon. We cover only what is confirmed below.

What changed

The December 2025 warning

The NDIA’s 4 December 2025 announcement was an enforcement warning, not a new rule. It applied existing consumer law to a pattern the NDIA had been tracking. Key points:

The NDIA does not endorse or approve any products or services.
Businesses that promote their offerings as “NDIS approved”, “NDIS permitted” or “100% NDIS funded” are likely breaching the Australian Consumer Law.
The NDIA launched a targeted campaign against misleading advertising in August 2024. By December 2025, its monitoring team had referred 604 instances of concerning practices to the ACCC, 112 instances of likely breaches of the NDIS Code of Conduct to the NDIS Quality and Safeguards Commission, and 6 integrity matters to the Fraud Fusion Taskforce.
More than $100,000 in fines had been paid as a result of those referrals. The NDIA named Thermomix and Bedshed among the businesses that paid.
Only registered NDIS providers may use the “I/we heart NDIS” and “I/we support NDIS” logos with the tagline “Registered Provider”.

The NDIA also pointed to the NDIS (Fair Price and Australian Consumer Law) Taskforce, set up in December 2023, which brings together the NDIA, the ACCC and the NDIS Commission to tackle false or misleading representations by providers.

The NDIS supports lists

The NDIA linked its warning to the NDIS supports lists, which it said give greater clarity on what is and is not appropriately funded by the NDIS. These came out of the “Getting the NDIS Back on Track” amendments, which became law from 3 October 2024. Under those changes, NDIS rules made under section 10 of the NDIS Act set out what NDIS supports are funded, and funded supports must relate to impairments that meet the disability or early intervention requirements (section 34). Both are in effect.

The 2026 Act

The Minister’s 1 April 2026 release listed the Act’s key measures, including:

new anti-promotion orders aimed at businesses that advertise NDIS supports in ways that undermine scheme integrity or trick participants into misusing funding
making it a crime to provide supports that require registration without being registered, with a maximum of 5 years’ imprisonment
increasing fines by up to 40 times for serious Code of Conduct breaches, including from a maximum of $412,500 to more than $15 million where serious misconduct leads to death or serious injury
stronger monitoring, compliance and enforcement powers for the NDIS Commission, and stronger whistleblower protections.

Who it applies to

The warning applies to anyone promoting products or services to NDIS participants and their families: registered and unregistered providers, and retailers. For our readers, that includes:

allied health practices such as physiotherapy, occupational therapy, speech pathology, psychology, exercise physiology and dietetics that see NDIS participants
practices that sell or prescribe equipment, aids or consumables
multidisciplinary clinics and therapy groups with NDIS service lines
marketing agencies and contractors who write or place NDIS-related content for those businesses.

Registration status matters for logo use and for describing yourself as a registered provider. Consumer law applies whether or not you are registered.

What the rules require

Do not imply NDIA approval or endorsement

Because the NDIA does not approve or endorse anything, any wording that suggests it does is likely to mislead. That includes the phrases the NDIA named, and similar wording such as “NDIS certified” or “endorsed by the NDIS”.

Do not suggest funding is guaranteed

The NDIA’s logo guidelines say it is not correct to state or imply that particular goods or services will, in all cases, be covered by the NDIS, or that NDIS funding is “guaranteed”. Whether a participant can use their funding for something depends on their plan and on the NDIS rules about what supports are funded. Providers should not make broad statements that may lead participants to wrongly assume they can pay for a product or service under their plan.

Use the logos and “registered provider” wording correctly

The NDIA’s logo guidelines say:

The NDIS logo and acronym are registered trade marks in the NDIA’s name. No provider, person or business may use the NDIS logo without written consent from the NDIA.
Only registered NDIS providers may use the “I/we heart NDIS” and “I/we support NDIS” logos with the “Registered Provider” tagline. Unregistered providers must not.
You may only advertise as a “registered provider” if your business is registered with the NDIS Quality and Safeguards Commission under section 73E of the NDIS Act. Unregistered providers must not use other language, such as “official NDIS provider”, that falsely implies registration.
The logos should not be used to indicate that a product or service is funded by the NDIS.

Do not suggest an affiliation that does not exist

The guidelines say you must not suggest an affiliation or relationship with the NDIA or NDIS where none exists. They give examples of misleading statements of affiliation, including using the NDIS acronym in business names, trading names or domain names, and in product or service names such as “NDIS packages” or “NDIS bundles”. The NDIA accepts that providers sometimes need to use the acronym descriptively, but this must not cause confusion or mislead.

What it means for your marketing

Website

Search your site for “NDIS” and read every result in context. Common problems include:

headlines such as “NDIS approved physio” or “100% NDIS funded therapy”
service pages that say a service is “covered by the NDIS” without explaining that it depends on the participant’s plan
product pages that describe equipment as “NDIS approved”
a page called “NDIS packages” or a URL that uses the NDIS acronym as a product name
an NDIS logo in the header or footer, or a “registered provider” badge on an unregistered provider’s site.

Accurate alternatives describe what you do and how participants can use their funding, without promising an outcome. For example, you can say you work with NDIS participants who are self-managed, plan-managed or NDIA-managed (if that is true for your practice), and that participants should check their plan or speak with their plan manager or support coordinator about whether a service can be funded.

Google Business Profile

Check your business name field, categories, services list and description. Adding “NDIS” to your business name on Google raises the same concerns as using it in a trading name, which the NDIA gives as an example of a misleading statement of affiliation.

Social media

Social posts and bios tend to use shorthand such as “NDIS approved” or “NDIS friendly”. Review your bio, pinned posts, highlights and recent captions. If you are not registered, make sure no post describes you as a registered provider or uses the “Registered Provider” logo.

Paid ads

Search ads often borrow the searcher’s words. Ads that use “NDIS approved” or “100% funded” to match search terms are exactly what the NDIA described. Review ad copy, sitelinks and automatically generated assets. The 2026 anti-promotion orders are aimed at advertising of NDIS supports, so expect paid advertising to stay a focus.

Lead generation and inducements

Be careful with campaigns that offer gifts or incentives for signing up, or that push participants to use funding quickly. The Minister described the anti-promotion orders as targeting advertising that tricks participants into misusing funding. Keep offers simple, accurate and free of pressure.

Printed and in-clinic material

Brochures, flyers, vehicle signage and business cards are all covered by the logo guidelines. Check printed stock, not just your digital channels.

For registered practitioners

If your practitioners are registered with Ahpra, the National Law advertising rules apply on top of all of this. Advertising a regulated health service must not be false, misleading or deceptive.

Common mistakes we see

Using “NDIS approved” as shorthand for “we work with NDIS participants”.
Logo misuse, including unregistered providers using the “Registered Provider” logos or anyone using the main NDIS logo without consent.
Funding promises such as “fully funded” or “no cost to you” without explaining that funding depends on the participant’s plan.
NDIS in names: business names, domain names or service bundles that include the NDIS acronym.
Old content written before the supports lists and never reviewed.
Agency-written ads that nobody at the practice checked.

A practical checklist

Search your website, social media, Google Business Profile and ad accounts for “NDIS”, “approved”, “funded” and “registered provider”.
Remove “NDIS approved”, “NDIS permitted”, “100% NDIS funded” and similar wording.
Replace funding promises with accurate wording that explains funding depends on the participant’s plan and the NDIS rules.
Check your registration status with the NDIS Commission, and only use “registered provider” wording and the “Registered Provider” logos if you are registered.
Remove the main NDIS logo from any material unless you have written consent from the NDIA.
Review business names, trading names, domain names and product names for use of the NDIS acronym.
Check that services and products you promote to participants are consistent with the NDIS supports lists.
Review incentives and lead-generation campaigns aimed at participants.
Check printed materials and vehicle signage.
Watch for official information about when anti-promotion orders begin and how they will work.

How this fits with other rules

Australian Consumer Law. The NDIA’s warning rests on the ACL’s prohibition on misleading or deceptive conduct. Matters are referred to the ACCC. Maximum ACL penalties for corporations were doubled to $100 million from 28 March 2026.

NDIS Code of Conduct and the NDIS Commission. The NDIA referred 112 likely Code of Conduct breaches to the NDIS Commission. The 2026 Act increases penalties for serious Code of Conduct breaches and adds anti-promotion orders.

NDIA trade marks. The NDIS logo and acronym are registered trade marks, and the NDIA takes infringement action, including cease-and-desist letters.

Ahpra and the National Law. Registered practitioners must also meet the National Law advertising requirements, including the testimonial ban.

Frequently asked questions

Can we say we are an NDIS provider?

Describe your status accurately. Only registered providers may advertise as a “registered provider”. If you are not registered, avoid wording that implies registration or an official relationship with the NDIS, and say plainly who you work with and how.

Can we say our service is NDIS funded?

Not as a blanket claim. The NDIA says it is not correct to state or imply that goods or services will, in all cases, be covered by the NDIS. Explain that funding depends on the participant’s plan and the NDIS rules.

We are registered. Can we use the NDIS logo?

Registered providers may use the “I/we heart NDIS” and “I/we support NDIS” logos with the “Registered Provider” tagline. The main NDIS logo requires written consent from the NDIA. The logos should not be used to suggest a product or service is funded by the NDIS.

What are anti-promotion orders and when do they start?

They are a new power created by the NDIS Amendment (Integrity and Safeguarding) Act 2026, which received Royal Assent on 8 April 2026. The Minister described them as targeting businesses that advertise NDIS supports in ways that undermine scheme integrity or trick participants into misusing funding. We have not confirmed the commencement date or detailed operation, so check health.gov.au and the NDIS Commission for official information.

Has anyone been fined?

The NDIA said more than $100,000 in fines had been paid as a result of its referrals by December 2025, including by Thermomix and Bedshed.

Need a hand?

NDIS wording tends to spread across a site, a Google profile and years of social posts. An AHPRA compliance audit can find and fix it in one pass, and our compliant content service can rewrite NDIS service pages so they are accurate and still useful to participants. Learn more about how we work with allied health practices.

This article is general guidance based on the published rules, not legal advice. Final responsibility for advertising sits with the provider and, where relevant, the registered practitioner, and complex situations may need independent legal advice.