The NDIS funds supports that are directly related to a participant's disability and that meet the NDIS Reasonable and Necessary criteria. There are strict guidelines on what supports and services are excluded from NDIS funding. The following outlines the NDIS position on Unlawful Goods and Services and provides key information to guide decision-making.
What are Unlawful Goods and Services?
Unlawful goods and services refer to any products, devices, services, or activities that are illegal under Commonwealth, State or Territory law. This also includes any supports that involve activities that would contravene these laws or that are prohibited by relevant regulatory bodies.
The NDIS does not fund any supports, services, or goods that are unlawful or potentially harmful.
Examples of Unlawful Goods and Services (Not Funded by NDIS)
The NDIS will not fund the following under any circumstances:
| Unlawful Supports |
|---|
| ❌ Vehicles, devices, modifications, or products that are not legal for use in the relevant State or Territory. |
| ❌ Sexual services. |
| ❌ Any support that would contravene a law of the Commonwealth or any State or Territory. |
| ❌ Assistive products, vehicle modifications, or home modifications that do not comply with relevant laws, the National Construction Code, or mandated Australian Standards. |
| ❌ Supports involving restrictive practices that are prohibited in the participant’s State or Territory of residence. |
| ❌ Consumable products that are against the law (e.g., illegal substances). |
| ❌ Firearms and weapons. |
| ❌ Seclusion rooms or supports related to criminal behaviour or the provision of illegal drugs. |
| ❌ Restraints that are considered prohibited or unlawful. |
Key Considerations
- The NDIS is governed by both the NDIS Act 2013 and relevant Commonwealth, State, and Territory laws.
- Supports that may be common in the broader community (such as sexual services or alternative therapies that are not evidence-based) are not funded if they fall into unlawful categories.
- The NDIS Operational Guidelines stress that funded supports must be safe, effective, and legal.
For more details on what is and isn’t funded, visit:
👉 Supports funded by the NDIS
Related NDIS Operational Guidelines
Important Notes
The NDIS Quality and Safeguards Commission regulates the use of restrictive practices and ensures participant safety across Australia. Any support involving restrictive practices must align with both NDIS Practice Standards and State/Territory laws.
If you are unsure whether a requested support is considered unlawful or not, you should:
- Review the NDIS Price Guide and Would We Fund It? guidelines.
- Consult with your My NDIS Contact or your Plan Manager.
- Ensure compliance with all applicable Australian laws and standards.