NDIS Provider Overcharged or Didn’t Deliver? How to Get It Fixed (Australia 2026)
Last updated · Reviewed by the Claim Done team · Not legal advice
Yes, in many cases. NDIS providers must not charge NDIA-managed or plan-managed participants more than the maximum price limits, may only claim for supports actually delivered, and must follow the NDIS Code of Conduct. The Australian Consumer Law also applies to your service agreement. If a provider overcharged, billed for supports you did not get, or charged a cancellation or exit fee it was not entitled to, you can ask for it to be credited back. Fastest route: write to the provider, send a formal complaint letter, complain to the NDIS Commission, send a final demand, then a tribunal or court claim.
Can you get your money back from an NDIS provider?
NDIS money is still your money in the sense that matters: it is your plan, and every dollar a provider wrongly takes from it is a dollar you cannot spend on support. Several sets of rules protect it.
- Maximum prices. The Minister’s pricing determination sets maximum prices for 2026-27, and the NDIA says plainly: “NDIS providers can’t charge more than the maximum price limits.” The limits apply to NDIA-managed and plan-managed participants. Plan managers must make sure prices “do not exceed the price limits”, whether the provider is registered or unregistered. Self-managed participants are not bound by the limits, so for them the agreed price in the service agreement is what counts.
- Only for supports delivered. The NDIA’s published claiming rules say providers can only claim “once they have delivered or provided that support”, and claims must “accurately reflect the supports delivered, including the frequency, volume and type of support”. Falsifying claims is “a serious compliance issue”.
- No extra fees. Registered providers “must not add any other charge” such as credit card surcharges, “gap” fees, late payment fees or cancellation fees “unless otherwise permitted” by the pricing rules, and “Participants are generally not required to pay exit fees, even when changing provider’s part way through a plan.”
- The NDIS Code of Conduct. It applies to all NDIS providers, “regardless of whether they are registered”. Providers must act “with integrity, honesty and transparency” and provide supports “in a safe and competent manner, with care and skill”. Without a reasonable justification, they must not charge a participant more for goods than they charge people who are not participants.
- Consumer law. The NDIA says “Australian Consumer Law applies when you have a contract or service agreement for things like NDIS supports”, and “Your providers can’t use a service agreement to contract out of their responsibilities under the NDIS Code of Conduct or Australian Consumer Law.” Services must be provided with due care and skill (s 60) and in a reasonable time (s 62); faulty equipment can be fixed, replaced or refunded.
One important point about refunds: where a provider was paid from your plan, the honest remedy is usually to have the wrong charge reversed or credited back to your plan, not paid into your bank account. Money you paid yourself (for example a gap fee or an “admin fee” you paid out of pocket) should come back to you.
A note on timing. New NDIS laws commenced in 2026, and the NDIA says it will “shortly publish updated pricing and claiming guidance documents”. The rules quoted on this page are the NDIA’s latest published ones. Check the current version on ndis.gov.au before you rely on a specific rule.
The most common problems with NDIS providers
1. Charging above the price limit
If you are NDIA-managed or plan-managed, compare the rate on each invoice with the current pricing schedule for that support item. Anything above the limit should be reversed.
2. Billing for supports that did not happen
Shifts that were cut short, workers who did not turn up, and sessions billed on days you were away are the most common complaints. Check your plan portal or plan manager statements against your own diary.
3. Cancellation charges that do not follow the rules
Under the NDIA’s published rules, a provider can charge up to 100% of the agreed fee for a short notice cancellation or no-show only if the conditions are met: generally less than 2 clear business days’ notice for non-support-worker supports, or less than 7 days for support worker supports; the provider “was not able to find alternative billable work” for the worker; and the terms should be in your service agreement. Cancellations with proper notice should not be charged.
4. Exit fees and notice period charges when you change provider
The NDIA’s rules say participants are generally not required to pay exit fees. A provider that charges a fee simply for leaving should be asked to justify it under the pricing rules.
5. Gap fees, admin fees and surcharges
Registered providers must not add these on top unless the pricing rules permit them. If you paid one out of your own pocket, ask for it back.
6. Travel and other add-on charges you did not agree to
Provider travel is covered by specific rules in the NDIA’s pricing documents and should be agreed with you. Charges you were never told about can be disputed.
7. A higher price because you are on the NDIS
The NDIA says providers should generally not charge NDIS participants more than anyone else, and the Code of Conduct bars charging more for goods without a reasonable justification. Get a non-NDIS quote for comparison.
8. Poor quality or unsafe supports
Supports must be provided safely and competently, with care and skill. Unsafe or poor supports are a Code of Conduct matter for the NDIS Commission and can also support a refund or credit claim.
9. Faulty equipment or assistive technology
Equipment bought with NDIS funds is covered by consumer guarantees for goods: you can ask for a repair, replacement or refund if something is wrong with it, even after the warranty ends.
The NDIS rules that protect you
Price limits and claiming rules
The NDIS Pricing Schedule 2026-27 took effect on 24 September 2026. It sets maximum amounts for each support item, with different amounts for remote and very remote areas, times of day and group supports. The NDIA’s 2025-26 Pricing Arrangements remain its latest published claiming guidance on matters such as cancellations, establishment fees and extra fees. Ask your plan manager to check any invoice you are unsure about; plan managers must ensure prices charged do not exceed the limits, and may have to pay back amounts not spent in line with your plan.
Service agreements
A service agreement is the contract between you and your provider. The NDIA says you must have one with specialist disability accommodation providers, and recommends one otherwise. A good agreement says what supports you get, “how much the supports cost”, how the provider gets paid, and “what to do when you disagree or something goes wrong”. Cancellation terms should be written into it. A provider cannot use it to escape the Code of Conduct or consumer law.
The NDIS Quality and Safeguards Commission
The NDIS Commission handles complaints about NDIS providers. Under the complaints rules:
- anyone can complain “in relation to an issue arising out of, or in connection with, the provision of supports or services provided by an NDIS provider”, orally or in writing, and anonymously if they wish;
- the Commissioner can give advice, “require the NDIS provider to take certain actions”, run a resolution process including conciliation, or “require the NDIS provider to undertake remedial action and report back”;
- the Commissioner can help the parties “come to a mutually agreed resolution”, and can refer issues to the NDIA.
The rules do not give the Commission a power to order a provider to pay you compensation. Its strength is that it can require a provider to look again at your complaint and fix what went wrong, which in a billing dispute usually means reversing the charges. Registered providers must also have their own complaints system. Contact the Commission on 1800 035 544 or via ndiscommission.gov.au.
Fraud and wrong claims on your plan
If a provider has claimed for supports that never happened, or you think a claim was dishonest, report it to the NDIA through its online tip-off form or the NDIS fraud reporting and scams helpline on 1800 650 717 (Monday to Friday, 9am to 5pm AEST). A trusted person can report on your behalf.
What you can claim
- Overcharges above the price limit or above the rate in your service agreement, reversed or credited back to your plan.
- Charges for supports not delivered, reversed in full.
- Cancellation or exit fees that did not meet the rules or your agreement.
- Out-of-pocket payments you made yourself, such as gap or admin fees, refunded to you.
- The cost of fixing poor work or faulty equipment, where the provider will not fix it within a reasonable time.
Worked example (round numbers, for illustration only). You are plan-managed. Your service agreement sets a support worker rate of $70 an hour, but the provider invoiced $80 an hour for 10 three-hour shifts. It also charged two cancelled shifts in full, even though you cancelled 10 days ahead by email. The overcharge is 10 x 3 x $10 = $300, and the two cancellations are 2 x 3 x $70 = $420. A reasonable claim is $720, credited back to your plan, with your plan manager copied in.
Evidence to gather
- Your service agreement and any schedule of supports or rates.
- Every invoice, and your plan manager’s statements or the claims shown in your NDIS portal.
- Rosters, shift confirmations and timesheets the provider gave you.
- Your own diary of when workers arrived and left, or did not come.
- Emails or texts cancelling shifts, showing the date and time you gave notice.
- The pricing schedule entry for each support item you were charged for.
- Any message where the provider told you about a new fee, travel charge or rate.
- For quality or safety concerns: incident reports, photos and names of workers.
- For equipment: the quote, invoice, warranty and photos of the fault.
How to get your money back: 5 steps
Step 1. Tell the provider in writing
Write to the provider’s manager or complaints officer. List each disputed charge with its date and invoice number, explain why it is wrong (above the limit, not delivered, cancelled with notice), and ask for the charges to be reversed or credited by a set date, such as 7 business days. Keep a copy, and send a copy to your plan manager if you have one. A phone call is fine first, but follow it up in writing. Registered providers must have a complaints process; ask for a copy.
Step 2. No answer, a refusal or a runaround: send an NDIS provider complaint letter
Our NDIS provider complaint letter sets out the charges, the price limit and claiming rules, the Code of Conduct and the consumer law, the total to be reversed or refunded, and a 14-day deadline. It gives the provider a formal chance to fix it through its own complaints process before you go to the Commission, and it is the letter a tribunal expects to see.
Send your NDIS provider complaint letter – $49
For faulty equipment, the Consumer Guarantee Letter ($49) may fit better. For a refund the provider already agreed to and has not paid, a general letter of demand ($49) works.
Step 3. Complain to the NDIS Commission (and report fraud to the NDIA)
Lodge a complaint with the NDIS Quality and Safeguards Commission on 1800 035 544 or through its website, and attach your letter and the provider’s reply. The Commission can require the provider to deal with your complaint and take remedial action. If supports were billed that never happened, also report it to the NDIA’s fraud line on 1800 650 717 or its tip-off form. For the consumer law side, your state’s Fair Trading or Consumer Affairs office can also help.
Step 4. Still not fixed: send the final demand
If the charges are still not reversed, send a final demand that quotes your first letter, the provider’s response and your Commission reference number. It sets a last deadline before you file a claim.
Step 5. File a tribunal or court claim
For money you paid yourself, or a loss you suffered, a consumer claim goes to the tribunal or Magistrates Court in the state where the provider is (table below). Where the disputed money came from plan funds, get advice from a disability advocate or community legal centre before you file, because the question of who should be the claimant, and where repaid money goes, can be complex.
Prepare your tribunal application – $97
In WA, SA and Tasmania this is a court claim, and the same service prepares it. To put your agreement, invoices, rosters and messages in the order a decision maker expects, use the Hearing Bundle ($97).
Where your claim goes in each state
First stop everywhere: the NDIS Commission (1800 035 544). It is national, so your state does not matter at that stage. If you go on to a tribunal or court, file in the state or territory where the provider is. For NCAT (NSW) and VCAT (Victoria) there is one exception: if the provider is an individual or sole trader who lives in another state, the tribunal cannot decide the claim and it must go to a court instead (Burns v Corbett [2018] HCA 15). Companies and people living in a territory are not affected, and Queensland’s tribunal, QCAT, can hear disputes between residents of different states.
| State | Where to file | Money limit | Link |
|---|---|---|---|
| NSW | NSW Civil and Administrative Tribunal (NCAT), consumer claim | $100,000 | ncat.nsw.gov.au |
| VIC | Victorian Civil and Administrative Tribunal (VCAT), goods and services | No cap | vcat.vic.gov.au |
| QLD | Queensland Civil and Administrative Tribunal (QCAT), minor civil dispute | $25,000 | qcat.qld.gov.au |
| ACT | ACT Civil and Administrative Tribunal (ACAT), civil dispute | $25,000 | acat.act.gov.au |
| NT | NT Civil and Administrative Tribunal (NTCAT), small claim | $25,000 | ntcat.nt.gov.au |
| WA | Magistrates Court of WA, consumer/trader claim | $75,000 (minor case up to $10,000) | magistratescourt.wa.gov.au |
| SA | Magistrates Court of SA, civil claim | $100,000 (minor claim up to $12,000) | courts.sa.gov.au |
| TAS | Magistrates Court of Tasmania (Civil Division) | $50,000 (minor civil claim up to $15,000) | magistratescourt.tas.gov.au |
Filing fees change each year and depend on how much you claim and whether you hold a concession card, so check the current fee on the tribunal or court’s own fees page (linked in the table) before you file.
Complaints about the NDIA itself, such as a plan decision, are a different process with their own review rights; this page is about providers.
After you win: getting paid
Most providers fix the charges once the Commission is involved or there is an order. If a provider still does not pay by the date in a tribunal or court order, the order can be enforced. In most states it is registered or filed with the court and enforced like a judgment: a garnishee order on the provider’s bank account or money owed to it, seizure and sale of property, or an examination where the provider must answer questions about its finances.
Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.
| State | How the order becomes enforceable | Garnishee: bank account and wages | Other options |
|---|---|---|---|
| NSW | Get a certified copy of the NCAT order (no fee) and register it with the Local Court (filing fee applies) | Yes: Form 69 with Form 70 (bank) or Form 71 (wages); no filing fee | Writ for the levy of property (Forms 65, 66); examination notice (Form 51 or 52) |
| VIC | Ask VCAT to have the order recorded at the Magistrates’ Court | Yes: attachment of debt (Form 71A or 71B); attachment of earnings (Forms 72A, 72B, with a hearing) | Warrant to seize property (Form 68A); oral examination (Form 67A); instalment order |
| QLD | File the QCAT order and an affidavit with a court (the Magistrates Court up to $150,000) within six years; free | Yes: enforcement warrant for redirection of debt (Form 76 or 77) or of earnings (Form 78), with Forms 9 and 74 | Seizure and sale (Form 75); enforcement hearing |
| ACT | File the sealed ACAT order and an affidavit in the Magistrates Court, serve Form 2.49, wait 7 days | Yes: debt redirection (Form 2.62 or 2.63); earnings redirection (Form 2.64) | Seizure and sale (Form 2.59); enforcement hearing (Forms 2.50, 2.51) |
| NT | Register the NTCAT order with the Local Court (certified copy and affidavit; no fee) | Yes: attachment of debts order; attachment of earnings order with a protected earnings rate | Warrant of seizure and sale; examination summons; charging order |
| WA | Already a court judgment; apply with Form 6 and the fee | Yes: debt appropriation order (Form 6, Form 2 affidavit); earnings appropriation order (individuals only, after an instalment order is broken) | Property (seizure and sale) order; means inquiry |
| SA | Already a court judgment; start through CourtSA, Enforcement tab | Yes: garnishee order (draft Form 148); wages protected to 90% of the weekly national minimum wage | Warrant of sale (Form 163); investigation or examination summons |
| TAS | Already a court judgment; file enforcement process at the registry ($49) | Yes: provisional, then final, garnishee order attaching a debt or earnings | Warrant to sell property; judgment summons and oral examination |
Questions people ask
Can an NDIS provider charge more than the price limit?
Not if you are NDIA-managed or plan-managed. The NDIA says providers can’t charge more than the maximum price limits, and plan managers must make sure prices do not exceed them, whether the provider is registered or not. Self-managed participants are not bound by the limits, so the price in your service agreement is what applies.
What counts as a short notice cancellation for NDIS supports?
Under the NDIA’s published rules, generally less than 2 clear business days’ notice for most non-support-worker supports, or less than 7 days for support worker supports, or a no-show. The provider can then claim up to 100% of the agreed fee, but only if it could not find other billable work for the worker, and the terms should be in your service agreement.
Can an NDIS provider charge me an exit fee?
Generally no. The NDIA’s rules say participants are generally not required to pay exit fees, even when changing providers part way through a plan, and registered providers must not add extra fees unless the pricing rules permit them. If you were charged one, ask for it to be reversed in writing.
My provider billed my plan for shifts that never happened. What do I do?
Write to the provider listing each shift and ask for the claims to be reversed. Tell your plan manager. Report it to the NDIA’s fraud reporting and scams helpline on 1800 650 717 or its tip-off form, and complain to the NDIS Commission. Our NDIS provider complaint letter ($49) sets out each claim and a 14-day deadline.
Can the NDIS Commission make my provider refund me?
Not directly. Its complaints rules let it require a provider to deal with your complaint, take certain actions and undertake remedial action, and help both sides reach an agreed resolution. There is no power in those rules to order compensation. In billing disputes, though, requiring the provider to fix its claims often achieves the same thing.
How do I complain about an NDIS provider?
Start with the provider’s own complaints process, in writing. If that fails, contact the NDIS Quality and Safeguards Commission on 1800 035 544. Anyone can complain, including family members or advocates, and you can complain anonymously. Keep copies of everything you send.
Does the Australian Consumer Law apply to NDIS providers?
Yes. The NDIA says Australian Consumer Law applies when you have a contract or service agreement for NDIS supports, and that providers can’t use a service agreement to contract out of the Code of Conduct or consumer law. Services must be provided with due care and skill, and faulty goods can be repaired, replaced or refunded.
Do unregistered NDIS providers have to follow the rules?
The NDIS Code of Conduct applies to all NDIS providers, registered or not. If you are plan-managed, the price limits apply whether your provider is registered or unregistered. Consumer law applies to both. Some specific pricing rules are written for registered providers, so check your service agreement too.
Where does the money go if my provider refunds an overcharge?
If the overcharge was paid from your plan, the usual fix is for the provider to reverse or credit the claim so the funds return to your plan. Money you paid out of your own pocket should be refunded to you. Ask your plan manager or the NDIA to confirm the adjustment has gone through.
Do I need a service agreement with my NDIS provider?
You must have one with a specialist disability accommodation provider, and the NDIA recommends one with every new provider. It should set out the supports, the costs, how the provider gets paid, cancellation terms and what to do when something goes wrong. Without one, disputes are harder to prove, so put agreed rates in writing by email at least.
Can someone help me make the complaint?
Yes. A family member, friend, nominee or advocate can complain to the NDIS Commission for you, and the Commission must provide information about accessing an independent advocate. A trusted person can also report suspected fraud to the NDIA on your behalf. Our complaint letter can be sent in your name or by your nominee.
Dealing with a different kind of business? See all our guides to getting your money back.
Sources
All sources checked 19 October 2026.
- NDIA, pricing arrangements page and NDIS Pricing Schedule 2026-27 (effective 24 September 2026): ndis.gov.au
- NDIA, NDIS Pricing Arrangements and Price Limits 2025-26 v1.1: ndis.gov.au
- National Disability Insurance Scheme (Code of Conduct) Rules 2018, s 6: legislation.gov.au
- National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018, ss 7, 15, 16, 20, 31: legislation.gov.au
- NDIA, how to take steps when something is wrong (Commission and fraud contacts): ndis.gov.au
- NDIA, what are your consumer rights: ndis.gov.au
- NDIA, what is a service agreement: ndis.gov.au
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), ss 60-64, 267: legislation.gov.au
- Tribunal and court limits and fees: NCAT, VCAT, QCAT, ACAT, NTCAT and the WA, SA and Tasmanian Magistrates Courts (links in the table above)
Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.