Why this matters for your practice
An anti-promotion order is a new enforcement tool that reaches something most providers do not think of as a compliance risk: their marketing. It was created by the NDIS Amendment (Integrity and Safeguarding) Act 2026, which the Australian Parliament passed on 31 March 2026, with the relevant provisions commencing from late April 2026. The order gives the NDIS Quality and Safeguards Commissioner a direct power over how a provider promotes NDIS supports, separate from any action about the supports themselves.
For a provider that markets actively, through social media, digital advertising, referral partnerships or community outreach, this means your website and your campaigns are now within the Commission's reach. An order can require you to stop using specific marketing material or making specific claims, and breaching it is a civil-penalty contravention. It is one of several powers that widened the Commission's toolkit in 2026, alongside higher civil penalties, expanded banning orders and new criminal offences.
What conduct an anti-promotion order targets
The power targets promotional conduct that misleads participants or undermines the integrity of the scheme rather than ordinary, accurate advertising. In broad terms, the Commissioner can act where marketing:
- makes false or misleading claims about what the NDIS funds or what supports are fundable
- promotes products or services in a way likely to result in inappropriate use of a participant's plan funding
- uses predatory or high-pressure tactics to sign up participants
- otherwise damages the integrity of the NDIS or the operation of the NDIS market
The behaviour it is aimed at is the operator who tells a participant that an item is "NDIS approved" or "fully funded" when it is not, or who markets supports designed to extract the maximum plan funding without delivering genuine value. Accurate, honest marketing of legitimate supports is not the target.
What the NDIS Commission can order, and the penalty for breach
An anti-promotion order can prohibit or restrict a person from engaging in specified promotional conduct connected with the NDIS. In practice that can mean stopping the use of a particular advertisement, website page or claim, or restricting a person's promotional activity while a matter is being examined. The Commissioner can make an order during an investigation, so it can operate as an interim measure to protect participants before any final finding.
Breaching an anti-promotion order is a civil penalty provision carrying up to 250 penalty units, which at the current Commonwealth penalty unit value of $330 is $82,500. The order does not replace other enforcement. It can be made alongside civil penalties for a contravention, a banning order, or an enforceable undertaking, so a single course of conduct can attract more than one consequence.
The power is not limited to registered providers. The Commission's conduct powers reach any person delivering, or holding out to deliver, NDIS supports, so an unregistered provider that markets misleadingly is exposed in the same way a registered one is.
How it interacts with your other obligations
An anti-promotion order sits on top of obligations you already carry. The NDIS Code of Conduct requires you to act with integrity, honesty and transparency, which already covers honest marketing. For registered providers, the NDIS Practice Standards expect governance over how the organisation represents itself. The anti-promotion order adds a specific, fast-acting remedy the Commissioner can use when marketing crosses the line, rather than relying only on those general duties.
If your practice also delivers health services that involve therapeutic goods, remember that a second advertising regime may apply at the same time. Advertising prescription-only medicines to the public is separately unlawful under the Therapeutic Goods Act, so a cosmetic or allied health provider can face both a therapeutic-goods advertising issue and an NDIS anti-promotion order for related conduct.
Common mistakes
- Treating marketing as outside compliance. Providers often govern clinical delivery carefully and leave the website and social media to whoever has time. The anti-promotion power makes marketing a compliance surface in its own right.
- Overstating what the NDIS funds. Claims that a product is "NDIS approved" or automatically fundable, when funding depends on the participant's plan and goals, are exactly the kind of statement the power targets.
- Assuming it only applies to registered providers. The Commission's conduct powers apply to registered and unregistered providers alike.
- Not keeping evidence of marketing claims. If a claim about a support is queried, you want to be able to show the basis for it. Undocumented, aspirational marketing copy is the weak point.
Frequently Asked Questions
What is an anti-promotion order under the NDIS?
An anti-promotion order is a power the NDIS Amendment (Integrity and Safeguarding) Act 2026 gave the NDIS Quality and Safeguards Commissioner to prohibit or restrict a person from engaging in specified promotional, advertising or marketing conduct connected with the NDIS. It targets misleading or predatory marketing of NDIS supports and can be made during an investigation.
What is the penalty for breaching an anti-promotion order?
Breaching an anti-promotion order is a civil penalty contravention of up to 250 penalty units. At the current Commonwealth penalty unit value of $330, that is $82,500. An anti-promotion order can also be issued alongside other consequences, such as civil penalties, a banning order or an enforceable undertaking.
Does an anti-promotion order apply to unregistered NDIS providers?
Yes. The NDIS Commission's conduct powers apply to any person delivering or holding out to deliver NDIS supports, registered or not. An unregistered provider that markets NDIS supports misleadingly can be subject to an anti-promotion order in the same way a registered provider can.
How can a provider avoid an anti-promotion order?
Keep your marketing accurate about what the NDIS actually funds, avoid claims such as "NDIS approved" or "fully funded" where funding depends on the participant's plan, do not use high-pressure tactics, and align your advertising with the NDIS Code of Conduct and Practice Standards. Keep evidence of the basis for any claim you make about a support.
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