Mable Technologies Pty Ltd, an online platform connecting individuals seeking care support with independent support workers, has admitted to breaching the Australian Consumer Law (ACL) by implementing unfair contract terms. This admission comes as part of a court-enforceable undertaking accepted by the Australian Competition and Consumer Commission (ACCC).

The services offered through Mable include social support, domestic assistance, nursing, and allied health services, primarily catering to National Disability Insurance Scheme (NDIS) participants, the elderly, and others in need of support. The unfair terms were in effect from November 9, 2023, to August 22, 2024, and included provisions that could impose a minimum penalty fee of $5,000 on clients and support workers under certain conditions.

One significant unfair term allowed Mable to automatically deem a client’s service log as approved unless disputed within 24 hours, without granting clients the right to opt-out or contest the invoice once accepted. Additionally, Mable retained the ability to alter fees and terms without reasonable notice and included clauses that limited its liability for claims and losses.

ACCC Deputy Chair Catriona Lowe expressed concern that these unfair terms disproportionately disadvantaged clients, particularly vulnerable individuals such as NDIS participants and small business support workers. The ACCC emphasized the importance of fair contractual relationships, especially for consumers facing vulnerabilities.

In response to the ACCC's investigation, Mable has cooperated by amending its website and terms of use, and has committed to a court-enforceable undertaking that prohibits the use of specific unfair terms. Mable is also required to clearly communicate significant terms to clients and support workers and to maintain an ACL compliance program.

The ACCC has reiterated its commitment to monitoring the disability and aged care sector for compliance with the ACL, particularly focusing on unfair contract terms in consumer and small business contracts. The agency has established a task force to address pricing concerns for NDIS participants and ensure compliance with consumer law.