NDIS and aged care marketing
NDIS and aged care
advertising rules.
NDIS and aged care providers have to follow the Australian Consumer Law plus their own sector rules. The big ones: the NDIA doesn't approve any products or services, so never say 'NDIS approved'; don't claim something's covered when it depends on the plan; follow the NDIS Code of Conduct on claims and pressure; don't offer inducements; and Support at Home providers must publish their prices.
'NDIS approved'
and 'covered'.
The NDIA says it does not endorse or approve any products or services, and that terms like 'NDIS approved', 'NDIS permitted' and '100% NDIS funded' are likely to breach the Australian Consumer Law. It has referred 604 concerning practices to the ACCC.
The ACCC puts it plainly: no product or service is automatically NDIS approved or funded for all participants. In June 2026 a fitness provider paid a $19,800 penalty over a Facebook and Instagram ad that told parents 'If you have NDIS funding, it's covered'.
What you can say: what you offer, who it suits, and that participants can check whether it fits their plan. Only registered providers can use the NDIS logos with the 'Registered Provider' tagline.
Funding depends on the plan, not the provider.
The Code
of Conduct.
The NDIS Code of Conduct applies to registered and unregistered providers. Its guidance says providers shouldn't make claims about supports they can't substantiate, or use high-pressure sales. Workforce qualifications must be described truthfully, and conflicts of interest disclosed.
Element 8 covers pricing: no charging or advertising higher prices to participants than to other people for the same goods without a reasonable justification.
Penalties went up in 2026. The Integrity and Safeguarding Act lets the NDIS Commissioner issue anti-promotion orders restricting a provider's advertising, once NDIS rules set out the conduct covered, and raised maximum civil penalties for serious contraventions by companies. With the penalty unit at $364 from 1 July 2026, that maximum is now $18.2 million.
Gifts and
inducements.
The Securing the NDIS for Future Generations Bill passed Parliament in August 2026. It bans providers from offering inducements or kickbacks likely to encourage someone to use their services. Cash and cash-like products, electronic devices, alcohol and tobacco are banned in all cases. Low-value merchandise like hats or tote bags is allowed.
Even before that, the Code guidance said to avoid rewards with no link to a person's NDIS plan. Check the start dates with the NDIS Commission before you plan a campaign around any offer.
Gift checker
Is this offer
an inducement?
Pick what you're planning to offer participants or referrers. Sorted using the Department of Health, Disability and Ageing's summary of the 2026 law, checked 2 November 2026.
Verdict
-
Not legal advice. Check start dates and details with the NDIS Commission before a campaign.
Aged care
rules.
Aged care providers must give information that's current, accurate and timely, with transparent prices under the strengthened Quality Standards. Support at Home providers must publish standard prices on their website and in Find a provider.
The Statement of Rights says older people can choose their provider and get information in a way they understand, including what services cost. Ads that pressure families to decide for a parent sit badly with that.
Testimonials
and reviews.
Allied health providers registered with AHPRA, like physios, OTs and psychologists, can't use testimonials about clinical aspects like symptoms, treatment or outcomes. Comments about customer service are fine.
For everyone, the ACCC's rules on reviews apply: genuine reviews only, no hiding negative ones, and any incentive must be disclosed.
Email
and SMS.
Marketing emails and texts need consent, your details and a working unsubscribe, with unsubscribes actioned within 5 working days. That includes newsletters to families and messages to coordinators.
What I see most often
What I'd check first
in a provider's ads.
- 1
Funding claims
'NDIS funded' or 'covered' with no mention that it depends on the plan.
- 2
Sign-up offers
Vouchers or gifts for new clients, which now need checking against the inducement rules.
- 3
Old testimonials
Allied health pages with client quotes about results.
The honest bit. I'm a marketer, not a lawyer. This is what the regulators publish, checked on the date above. Get legal advice for anything you're unsure about.
Questions
people ask.
Can I use the NDIS logo?
Only registered providers can use the NDIS logos with the 'Registered Provider' tagline.
Can I say 'NDIS funded'?
Not as a blanket claim. No service is automatically funded for all participants. Say participants can check whether it fits their plan.
Does the Code of Conduct apply to unregistered providers?
Yes. The NDIS Code of Conduct applies to all NDIS providers, registered or not.
Can NDIS providers give free gifts?
Low-value merchandise like hats or tote bags is allowed. Cash, cash-like products, electronic devices, alcohol and tobacco are banned in all cases.
What is an anti-promotion order?
An order from the NDIS Commissioner restricting a provider's promotion, advertising or marketing, introduced in 2026. It applies to conduct that NDIS rules set out.
Related
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