Source: Australian Ministers for Regional Development
Online services platform Mable Technologies Pty Ltd (Mable) has admitted to breaching the Australian Consumer Law (ACL) by using unfair contract terms when connecting people seeking care support to independent support workers.
Support services facilitated through Mable include social support, domestic support, nursing services and allied health services. Clients using the platform include participants on the National Disability Insurance Scheme (NDIS), the elderly and other people requiring support.
Mable admitted the breaches of the ACL in a court-enforceable undertaking accepted by the ACCC.
The unfair contract terms were in place between 9 November 2023 and 22 August 2024. These terms included the potential for Mable to receive a minimum penalty fee of $5,000 from clients and support workers in particular circumstances. For example, a support worker who leaves the Mable platform would be liable to pay the penalty fee if, within 12 months of leaving, they continued their care arrangement with a client they were introduced to through the platform.
The terms also provided for a client’s ‘service log’ (similar to an attendance record or timesheet) to be automatically deemed approved unless the client disputed it within 24 hours. Other terms allowed Mable to change some of its fees and terms without reasonable notice. Mable also included terms which sought to limit its liability for claims and losses.
“We were concerned Mable’s unfair contract terms potentially disadvantaged its clients, about half of whom are NDIS participants, as well as the support workers operating as sole traders or small businesses,” ACCC Deputy Chair Catriona Lowe said.
“Contractual relationships with consumers and small businesses should be fair and more powerful parties should not stipulate terms which are unfair or limit existing rights. This is especially concerning where the clients are people experiencing vulnerabilities and disadvantage.”
Mable has cooperated with the ACCC’s investigation, amended its website and terms of use and offered a court-enforceable undertaking to address the ACCC’s concerns.
The undertaking prohibits Mable from entering into particular terms with its clients and support workers, and to clearly and prominently communicate significant terms to clients and support workers. It also requires Mable to establish and maintain an ACL compliance program.
“We were concerned that the terms, which Mable has admitted were unfair, were so weighted in Mable’s favour that they created a significant imbalance in the contractual rights and obligations between Mable and its clients and support workers,” Ms Lowe said.
“We remind businesses who have not yet reviewed their contracts and removed or amended unfair terms that we are continuing to monitor the disability and aged care sector and will take appropriate action when warranted,” Ms Lowe said.
Businesses can view information about changes to the unfair contract terms laws on the ACCC’s website.
Further information for NDIS participants is available on the ACCC website.
A copy of the undertaking is available at Mable Technologies Pty Ltd.
Background
Mable is an online platform provider for assisted care services. It operates a two-sided online platform that connects people looking for care support with independent support workers. Support services provided through Mable include social support, domestic support, nursing services and allied health services.
From November 2023, changes to the ACL prohibit businesses from proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses.
Note to editors
Each year, the ACCC announces a list of Compliance and Enforcement priorities. These priorities outline the areas of focus for the ACCC’s compliance and enforcement activities for the following year.
As part of the 2025/26 Compliance and Enforcement Priorities, the ACCC is prioritising improving compliance by NDIS providers with their obligations under the Australian Consumer Law.
Enforcement activities in relation to unfair contract terms in consumer and small business contracts are another 2025/26 Compliance and Enforcement Priority.
The ACCC recognises that consumers experiencing vulnerability or disadvantage can be disproportionately affected by breaches of the law. Addressing conduct that impacts this cohort of consumers is always an ACCC priority.
In December 2023, the government established the NDIS (Fair Price and Australian Consumer Law) Taskforce comprising the ACCC, the NDIS Quality and Safeguards Commission and the NDIA. The Taskforce was established to address concerns that NDIS participants were being charged more for goods and services than other people, and to address potential breaches of Australian Consumer Law.