A computer that no longer works after having minor repair work done to it may have been damaged by

If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Australian Consumer Law. The remedy you're entitled to will depend on whether the issue is major or minor.

You can ask a business for your preference of a free repair, replacement or refund, but you are not always entitled to one. For example, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.

See: Exceptions to consumer guarantees

If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.

If the problem with a product or service is minor, you must accept a free repair if the business offers you one.

If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:

• get it done elsewhere and pass on the costs to the business
• ask for a replacement
• ask for a refund
• recover compensation for the drop in value below the price paid.

Repair notices

Under the Australian Consumer Law, businesses accepting goods for repair must provide consumers with repair notices when:

• the goods being repaired are capable of retaining user-generated data, for example, mobile phones, computers, portable music players and other similar electronic goods
• it is the repairer’s practice to supply refurbished goods rather than repair defective goods, or to use refurbished parts in the repair of defective goods.

The consumer must receive the repair notice in writing before the goods are accepted by the business for repair.

You can ask for a replacement or refund if the problem with the product is major.

Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.

The business may take into account how much time has passed since you bought the product considering the following factors:

• type of product
• how a consumer is likely to use the product
• the length of time for which it is reasonable for the product to be used
• the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.

For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.

A product or good has a major problem when:

• it has a problem that would have stopped someone from buying it if they’d known about it
• it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them
• it is significantly different from the sample or description
• it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
• it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
• it is unsafe.

A service has a major problem when:

• it has a problem that would have stopped someone from buying it if they’d known about it
• it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them
• it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
• it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
• it creates an unsafe situation.

You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts.

When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. Examples include:

• a wide screen TV
• a bed
• an extension ladder stuck in the extended position
• a product that has been subsequently installed, like a stove or a dishwasher.

You do not have to return products in the original packaging in order to get a refund.

If the product is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated in an attempt to deter you from pursuing your claims.

The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer. You can approach the manufacturer or importer directly, however, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer.

See also: Who to claim a remedy from

Signs stating ‘No refunds’ or ‘No refunds or exchanges on sale items’ are unlawful, as they imply that it’s not possible to get a refund under any circumstances, including for faulty items. In fact your consumer guarantee rights still apply. Retailers don’t have to give you a refund or exchange if you simply change your mind. Always check the store’s returns policy.

Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.

Consumer rights & guarantees
Receipts
Resolve a problem

Like other equipment, your assistive technology may need repairs.

If your item isn’t of acceptable quality, fit for purpose, or doesn’t work properly when it is first delivered to you, you should contact your AT assessor or the AT supplier to let them know and work out how they can fix the problem. 

All your AT will have a warranty that covers these problems. If the problem can’t be quickly fixed, you can ask your provider for a refund or replacement. 

Whether you have leased the AT or purchased it, Australian Consumer Law gives you rights if something is wrong with the equipment or supporting services. Read about your consumer rights.  

We’ll include funding for repairs and maintenance in your plan for all assistive technology items that you are currently using.

You don’t need an assessment to have these funds included, it is based on whether you have reasonable and necessary mid or high cost AT that you use.

• For small repairs like a tyre puncture, we include funding in your Core – Consumables budget 
• For major repairs like a regular service, we include funding in your Capital – Assistive Technology budget.

If you have remaining funds available after you've purchased your AT, you can also spend these on repairing and maintaining your AT.

You can tell us how much funding you need for repairs in a planning meeting or we can calculate this for you. The Assistive technology – Guide for funding of annual repairs and maintenance funding (DOCX 65KB) shows how the NDIA works out what to include in your plan.

If your plan has funding for repairs, you can get repairs and maintenance done as necessary. You should always ask for a quote from the repairer so you know how much it may cost.

Please discuss and agree with your chosen AT maintenance / repair provider about maintaining your AT and providing repairs (including after hours).

This will help you know what to do if your AT needs to be fixed unexpectedly.

You should let us know if your repairs are expensive, or if you need them frequently. We may be able to discuss if a different item can support you better. Get in touch with your local area coordinator, planner, or AT advisor.

Even though your new assistive technology has a warranty, we’ll still include funding for maintenance and repairs you may need due to things like accidental damage, which will generally not be covered by your warranty.

Refer to our Our Guideline, Assistive technology  for more information:

• if you don’t have enough funding left in your current budget for repairs
• if you need repairs for a powered mobility device
• if you need urgent repairs outside business hours. 

Keeping your AT working for you – and preparing for the unexpected

AT usually requires regular maintenance and care to keep it working well and minimise breakdowns. You should develop a maintenance schedule based on the manufacturer’s advice and arrange for this to be carried out with either the supplier (if they provide this service) or another suitable AT provider.

If you need your AT repaired because it has been damaged in a natural disaster, this would be an urgent repair.

Sometimes it makes more sense to replace the assistive technology if it’s old or badly damaged.

When you need assistance,

• if your plan is NDIA-managed, set up a service booking with your provider 
• if your plan is plan-managed, confirm with your plan manager that sufficient funds are available and for them to provide details to your chosen repair provider on how to submit the repair invoice,
• if your plan is self-managed, have an arrangement with your provider. Find out more about making a service agreement.

You are encouraged to consider a back-up plan if your AT is being repaired or there is a delay in your provider completing the repair. This is really important if you don’t have an alternate support for AT that you cannot live safely without (e.g. a ventilator, transfer hoist or power wheelchair).

You should discuss this with your planner or LAC when your plan is being developed, including:

• who to call if you cannot contact your repairer
• whether friends or family can assist if needed
• access to loan equipment while AT is being repaired.

What to do if you need your AT repaired 

1. Contact your AT repair provider

If you hire or lease AT, the organisation who provides it will normally repair your equipment.

If you have purchased AT, you should contact your preferred AT repair provider. 

If you don’t know who to contact you can:

• find a registered provider on the myPlace portal
• speak to your LAC or support coordinator 
• phone the NDIS Contact Centre.

2. Get a quote, if required, and arrange payment

If your repairs are going to cost more than $1,500, you usually need to supply a quote to the NDIA before a payment request can be accepted. Your planner or the NDIS Contact Centre can let you know when this is required. 

For self-managed participants

You should pay the provider directly and then make a claim to be reimbursed for the repairs from your NDIS budget.

If this does not work or there are not enough funds in your plan, please phone the NDIS Contact Centre to seek a pre-claim authorisation approval. 

Once the authorisation is processed, the NDIA will reimburse you for the total cost of the invoice.

For plan-managed participants

Your plan manager can make a service booking for the repairs on the myplace portal. They will claim from your plan once they receive an invoice for the completed repairs.

If this does not work or there are not enough funds in your plan, your plan manager should phone the NDIS Contact Centre to seek a pre-claim authorisation approval. 

Your plan manager will need participant name, NDIS number, and date of birth to get authorisation.

Once the authorisation is processed, the NDIA will pay your plan manager the cost of the invoice. Your plan manager will then pay for the repairs. 

For NDIA-managed participants

The provider can make a service booking for the repairs on the myplace portal. They will claim from your plan once they have completed the repairs to your satisfaction.

If this does not work or there are not enough funds in your plan, your provider should phone the NDIS Contact Centre to seek a pre-claim authorisation approval. 

Your provider will need participant name, NDIS number and date of birth to get authorisation. You should be available to talk to the NDIS Contact Centre if they need you to give permission to talk to your repair provider about your plan.

Once the authorisation is processed, the NDIA will pay your provider for the repairs.

3. Have your AT repaired

Your provider can then make repairs to your AT. If a loan or interim AT support is needed while repairs are being done, discuss this with your AT repairer.

If you don’t know if you have enough budget in your NDIS plan, you can phone the NDIS Contact Centre. 

They can help you check your budget, and if necessary, give authorisation for payment for urgent repairs.

What to do if you need your AT replaced

If you need to replace your assistive technology, we’ll help fund it as soon as possible.

Assistive technology may need replacing when:

• it doesn’t work anymore, or keeps breaking down
• it’s dangerous to keep using
• a child has outgrown their assistive technology
• it’s broken beyond repair.

We can include some funding for replacements in your Capital – Assistive Technology budget without a full assessment. This happens during the planning process.

We generally only replace items you got through the NDIS (or another Scheme) that is in your NDIS plan. We also need to know that you were recently using it. You can send us a tax invoice, receipt, or report from a repairer stating the item’s condition.

If your plan is already in place and you don’t have enough funds for a replacement, you need a plan review.

Please refer to our AT Operational Guideline for more information on:

• what you’ll need to show us
• plan reviews
• replacements more than $15,000
• using AT replacement funding.