Source: Australian Ministers for Regional Development
WeFlex Pty Ltd, a fitness support company that is an NDIS provider, has paid a penalty of $19,800 after the ACCC issued it with an infringement notice for allegedly making a misleading statement about NDIS funding in a social media advertisement.
The ACCC issued WeFlex with the infringement notice following concerns over a statement in the advertisement which ran on Facebook and Instagram between 21 November 2025 and 12 February 2026.
The ad targeted parents and caregivers, encouraging them to ‘get your NDIS child active’ through personal training services for children and individuals with disabilities. It stated ‘If you have NDIS funding, it’s covered’, when in fact NDIS funding will only cover personal training fitness services if these are approved under the specific terms of an individual participant’s plan.
“Businesses must not make general statements that their goods or services will be approved, funded or endorsed by the NDIS, because that is not how the scheme works. The NDIS does not automatically approve funding for products or services for all participants, nor does it approve or endorse products or services. Suitability is assessed based on the unique needs and goals of individuals,” ACCC Deputy Chair Catriona Lowe said.
“Claims for non-eligible products and services can be rejected under the NDIS. This can leave participants with debts they cannot afford to pay. This is especially concerning if participants are already experiencing financial hardship or vulnerability.”
“Like all businesses, NDIS providers must comply with the Australian Consumer Law. The ACCC will continue to take action where we identify false or misleading advertising about access to NDIS funds for products and services,” Ms Lowe said.
Anyone who thinks a business has made false or misleading statements about products or services, including whether they are endorsed or approved by the NDIS, can make a report to the ACCC.
Image of WeFlex online advertising encouraging parents to get NDIS children ‘active’
Background
WeFlex is an Australian fitness support company registered as an NDIS provider for Exercise Physiology and Physical Wellbeing activities, Innovative Community Participation, and Therapeutic Supports.
WeFlex’s business model links consumers experiencing disability with personal trainers that enter into contracts with WeFlex.
Note to editors
The NDIS provides funding to eligible people with disability. Since 2024, the ACCC has prioritised improved compliance with the Australian Consumer Law (ACL) by businesses that supply NDIS-funded supports, known as NDIS providers.
The ACCC’s enforcement action includes instituting legal proceedings against Ausnew Home Care Service Pty Ltd for alleged breaches of the ACL in 2024. In addition, in May 2025, Bedshed and Thermomix paid infringement notices issued by the ACCC for allegedly making misleading claims about NDIS endorsements.
In June 2025, support provider Mable Technologies provided a court-enforceable undertaking to the ACCC after admitting using unfair contract terms, in breach of the ACL. In March 2026, healthcare equipment provider Aidacare provided an undertaking after admitting to misleading consumers about their consumer guarantee rights.
In February 2026, the ACCC published a report that found NDIS participants are being targeted by NDIS providers’ deceptive advertising practices and other behaviours prohibited by consumer law. The report identified key issues in NDIS markets, including providers failing to honour consumer guarantee protections and using unfair contract terms.
The ACL applies to all transactions between NDIS participants and providers. The ACCC and other ACL regulators can investigate NDIS-related dealings where there is a potential breach of the ACL.
In December 2023, the government established the NDIS (Fair Price and Australian Consumer Law) Taskforce to address concerns that NDIS participants were being charged more for goods and services than other people, and potential breaches of the ACL by providers. The taskforce consists of representatives from the ACCC, the National Disability Insurance Agency and the NDIS Quality and Safeguards Commission.