The EFQC Enquirer: 13 August 2025

In this edition

Important Information

• ACCC Cracks Down on Misleading NDIS Advertising: What You Need to Know About Advertising Compliance
• Mid-Term Audit Compliance for NDIS Providers
• New NDIS Commission Resource: Policy Guidance on Behaviour Support Assessments
• Quality Support for Children Booklet – Now in Easy Read

Ask the Experts

• Internal Audits – a cornerstone of quality and compliance: An interview with Sharon Floyd, Director at Engels Floyd Quality Consulting

Important Information

1. ACCC Cracks Down on Misleading NDIS Advertising: What You Need to Know About Advertising Compliance

The Australian Competition and Consumer Commission (ACCC) is increasing its scrutiny of advertising by NDIS providers. Recent enforcement actions highlight the serious consequences for businesses that make false or misleading claims about National Disability Insurance Scheme (NDIS) services.

Key Risks for NDIS Providers

NDIS providers must take special care to ensure all advertising is accurate and does not mislead participants or their families. The ACCC has made clear that:

• Phrases like “NDIS approved” or “NDIS funded” are not permitted unless the claim is factually correct and verifiable.
• Use of NDIS logos or symbols to suggest endorsement or official partnership is prohibited unless explicitly authorised.
• Instructions on using NDIS funding for ineligible services (e.g., recreational activities not covered by the scheme) are considered misleading.

Legal and Financial Consequences

NDIS providers who breach these rules face severe penalties under Australian Consumer Law, including:

• Fines up to $50 million or a percentage of turnover, depending on the severity of the breach.
• Court action and enforceable undertakings requiring corrective advertising or compliance programs.
• Reputational harm and possible bans from offering NDIS-related services.
• In rare cases, criminal charges may apply if conduct is found to be fraudulent.

Recent examples include Bedshed and Thermomix, both of which were fined for advertising products as “NDIS approved” without a proper basis.

What NDIS Providers Should Do

• Review all marketing materials for compliance with ACCC guidelines.
• Remove or correct any misleading claims about NDIS approval, funding, or endorsement.
• Educate staff about what can and cannot be stated in advertising.
• Stay updated with ACCC and NDIS Quality and Safeguards Commission guidance.

Maintaining transparent, accurate advertising builds trust with participants and protects your business from costly penalties. If in doubt, consult the official NDIS and ACCC resources or seek legal advice before publishing claims about NDIS funding or approval.

2. Mid-Term Audit Compliance for NDIS Providers

In their June 2025 Provider Newsletter the NDIS Commission has reminded all registered providers that they must finalise their mid-term audit before the 18-month deadline to maintain compliance and ensure uninterrupted service to participants. Not all providers are required to complete a mid-term audit, so it’s important to check your registration status to confirm if this process applies to you. We encourage all providers to undertake the following steps when preparing for you mid-term audit.

1. Engage an Approved Quality Auditor Early
   Start 12 months into your registration by contacting your approved quality auditor.
   Early engagement allows ample time to prepare and address any compliance gaps.
2. Review the NDIS Practice Standards
   Familiarise yourself with the NDIS Practice Standards, focusing on the priority areas which will be assessed during the midterm audit – governance and operational management, plus any areas which had nonconformances in your first audit.
   Ensure your practices and policies are aligned with these standards.
3. Gather Evidence and Documentation
   Know where all relevant documents and policies are that will serve as evidence during your audit.
   Organise your materials to streamline the review process.
4. Complete and Submit Your Audit
   Finalise your mid-term audit and ensure your auditor submits their report before the 18-month deadline.
   Promptly address any feedback or corrective actions identified by the auditor.
5. Plan for Audit Renewal
   Begin planning for your next audit renewal at the two-year mark post-registration.
   Early preparation helps avoid last-minute stress and supports ongoing compliance.

Reminder: Failing to meet your mid-term audit obligations may affect your registration status and disrupt the vital services you provide to NDIS participants.

Engels Floyd Quality Consulting (EFQC) is committed to assisting NDIS providers in meeting these compliance priorities. Our team offers tailored support to ensure your organisation remains compliant and continues to deliver high-quality services to participants.

If you require support in helping you prepare for your mid-term audit please reach out to us for a complimentary consultation to talk through how we may assist you.

3.  New NDIS Commission Resource: Policy Guidance on Behaviour Support Assessments 

The NDIS Quality and Safeguards Commission has released new policy guidance to assist specialist behaviour support providers and NDIS behaviour support practitioners in developing high-quality behaviour support assessments, including functional behaviour assessments (FBAs).

This resource outlines clear expectations for specialist behaviour support providers and practitioners under the NDIS Act and Rules including, conducting thorough and well-informed behaviour support assessments—an essential foundation for effective behaviour support plans that drive positive outcomes for participants.

The new policy guidance is designed to help providers and practitioners:

• Understand their obligations and best practices under the NDIS framework.
• Ensure their assessments and plans meet the required standards for participant safety and wellbeing.

4. Quality Support for Children Booklet – Now in Easy Read

The Quality Support for Children booklet, developed by the NDIS Commission and NDIA, helps parents, guardians, and providers understand what good support for children looks like. The booklet is now available in Easy Read format and explains:

• What quality support is
• What’s not acceptable
• Key questions to ask when choosing a provider

It’s a simple, accessible guide for making informed choices and ensuring the best outcomes for children with disability.

Ask the Experts

Internal Audits – a cornerstone of quality and compliance: An interview with Sharon Floyd, Director at Engels Floyd Quality Consulting

Q: Sharon, we hear a lot about internal audits in the NDIS world. Why are they so important?

Sharon: Internal audits are one of those things that might sound dry, but they’re actually at the heart of good practice. For NDIS providers, they’re not just a tick-the-box exercise – they’re a way to check that your services are meeting the NDIS Practice Standards, keeping participants safe, and delivering the quality supports you’ve promised.

We like to put it simply: “Check that you do what you say.” That’s the golden rule. An internal audit is how you make sure your team is actually following the policies and procedures you’ve set – not just on paper, but in real life.

Q: So, it’s not just about compliance?

Sharon: Exactly. Yes, internal audits are a mandatory NDIS requirement and help you stay compliant – and that’s critical. But they also give you the chance to spot gaps before they turn into big problems, manage risks early, and keep improving. They’re also a great way to take the stress out of external audits. If you’re doing regular, planned internal audits, you’ll be “audit ready” all the time.

Q: For a provider wanting to improve their audits, where should they start?

Sharon: The best approach is to be systematic. We suggest:
Understand the rules – Know the NDIS Practice Standards that apply to your services.
Focus your efforts – Choose high-risk or critical areas like participant support, complaints, and staff qualifications.
Make and review a 12 month plan – Outline priority processes for audit, timelines, methods, and resources.
Gather the evidence – Collect service agreements, incident reports, training records, and policies.
Talk to people – Interview staff, participants, and stakeholders to see how things work in practice.
Spot the gaps – Compare what you’re doing against the Standards.
Fix them – Create an action plan, assign responsibilities, and track progress.
Write it up – Document the findings clearly so you’re ready for external audits.
Keep it going – Follow a regular audit schedule that fits your organisation’s size and complexity.
Q: What if a provider just doesn’t have the capacity to do it themselves?

Sharon: That’s a reality for some organisations, and it’s okay. In those cases, it can actually be more cost-effective for us to come in and run the internal audits for them. They get all the benefits – compliance, risk management, continuous improvement – without stretching their internal resources too thin. Plus it’s great on the job training for the organisation’s staff.

Q: And you’ve got a workshop coming up on this, right?

Sharon: Yes! Our upcoming Internal Audit Essentials workshop is designed to give providers the practical skills and tools they need to run effective audits – or to strengthen what they’re already doing. It’s about making internal audits less daunting and more useful.