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The 15 National Boards who regulate registered health practitioners in Australia are responsible for registering practitioners and students (except in psychology, where students are registered as provisional psychologists), setting the standards that practitioners must meet, and managing complaints and concerns (notifications) about the health, conduct or performance of practitioners.
The Australian Health Practitioner Regulation Agency (Ahpra) works in partnership with the National Boards to implement the National Registration and Accreditation Scheme (National Scheme), under the Health Practitioner Regulation National Law, as in force in each state and territory (the National Law).
The core role of the National Boards and Ahpra is to protect the public.
The Guidelines for advertising a regulated health service were jointly developed by the National Boards under section 39 of the National Law. The guidelines have been developed to help practitioners and other advertisers understand their obligations when advertising a regulated health service.
National Boards and Ahpra have published other useful information about advertising for registered health practitioners and consumers in the Advertising hub on the Ahpra website.
Download the Guidelines for advertising a regulated health service (192 KB, PDF)
In 2022, the National Law was amended and one of the changes was to increase the maximum penalty for advertising offences. For an individual, the maximum financial penalty per offence increased from $5,000 to $60,000, and for a body corporate the maximum financial penalty per offence increased from $10,000 to $120,000. The process for managing advertising breaches under the National Law is set out in section 1.3 of the guidelines. In Western Australia the maximum penalty for advertising offences has not increased and different penalties apply. The advertising guidelines will be updated to include the changes when the advertising guidelines are next reviewed.
View the Guidelines for advertising a regulated health service.
The Australian Health Practitioner Regulation Agency (Ahpra) works in partnership with 15 national health practitioner boards (the National Boards) to implement the National Registration and Accreditation Scheme (the National Scheme) and administer the Health Practitioner Regulation National Law, as in force in each state and territory (the National Law).
The National Boards regulate registered health practitioners in Australia. They:
The National Law states that the National Boards can develop and approve codes and guidelines including guidelines about the advertising of a regulated health service by registered health practitioners or others.2 The Guidelines for advertising a regulated health service (the guidelines) were jointly developed by all National Boards.
These guidelines use both ‘patient’ and ‘consumer’ to mean a person or persons accessing healthcare, which includes clients and healthcare consumers. These terms can also include families, carers, groups and/or communities.
1. In NSW notifications about health, performance and conduct are managed by the Health Care Complaints Commission and the Health Professional Councils Authority. In Qld they are managed jointly by the Office of the Health Ombudsman and the National Boards and Ahpra. Complaints about advertising are managed according to the Advertising compliance and enforcement strategy for the National Scheme.
2. Sections 39, 40 and 133 of the National Law
The National Law establishes the requirements for advertising a regulated health service. These requirements are important for public protection and help to ensure the public receives accurate and honest information about healthcare services. These guidelines have been developed to explain those obligations.
As the guidelines are established under the National Law, a court or tribunal may consider them when hearing advertising offences against section 133 of the National Law (see Appendix 1).
Anyone (registered health practitioners, individuals who are not registered as health practitioners and body corporates) advertising a regulated health service must ensure their advertising complies with the National Law and other relevant legislation (see Appendix 3).
The guidelines explain the obligations under the National Law that apply to any person or business advertising a regulated health service.
The guidelines set out:
It is not possible to provide an exhaustive list of advertising that will or will not breach the National Law. The guidelines aim to explain legal obligations when advertising and to provide practical examples to help this understanding. Resources to supplement these guidelines are available on the Ahpra website to further help advertisers understand their obligations.
As a risk-based regulator, Ahpra will only take regulatory action where there is a risk to the public and will only apply the necessary regulatory force appropriate to manage the risk.
As regulators, Ahpra and the National Boards cannot provide advice about whether specific advertising is compliant. Advertisers should seek their own independent advice such as from their legal adviser or indemnity insurer.
If you are advertising a regulated health service, your advertising must not:
These guidelines were developed to help advertisers understand their obligations when they are advertising a regulated health service. The guidelines, together with the resources published on Ahpra and National Board websites, support compliance with the National Law’s advertising requirements. Compliance with the advertising requirements is in the public interest as it protects the public from unlawful advertising. The public are entitled to receive accurate, clear information about regulated health services. Unlawful advertising may compromise the healthcare choices of the public.
The guidelines do not prevent regulated health service providers from informing the public about the services they provide or stop members of the community from discussing their experiences online in forums outside the provider’s control, or in person.
The guidelines are developed in recognition that:
A complaint about advertising can be made by using the complaint form on the Ahpra website. You can also call Ahpra on 1300 419 495 for further information on making a complaint about advertising.
The Ahpra website also has information about how complaints about advertising are managed.
A breach of an advertising requirement is a criminal offence for which a court may impose a monetary penalty. If you are a current or previously registered health practitioner, you may also be subject to disciplinary action.
Ahpra has published an Advertising compliance and enforcement strategy for the National Scheme (the strategy) that sets out how the National Boards and Ahpra monitor and enforce compliance with the National Law’s advertising requirements. The strategy adopts a risk-based, proportionate approach to enforcing the advertising requirements of the National Law. Please refer to the strategy for more information about how complaints about breaches and potential breaches of the advertising requirements are managed.
Compliance and enforcement action will escalate depending on the ongoing assessment of risk and whether the advertiser is willing to comply.
The compliance and enforcement tools available to the National Boards and Ahpra vary depending on whether the advertiser is a registered health practitioner (or a previously registered health practitioner), individual, business, or a corporate entity.
For registered health practitioners the enforcement tools available under the National Law include the power to:
For corporate entities, business and individuals who are not registered health practitioners, the tools available under the National Law include the power to prosecute which may lead to a financial penalty.
Section 133 of the National Law includes financial penalties for offences which breach the advertising requirements of the National Law (see Appendix 1).
Advertisers whose advertising breaches the National Law may be prosecuted and ordered by a court to pay a penalty for each offence which breaches the National Law. The financial penalties vary depending on the type of advertiser. In the case of:
If an advertising breach is related to an unlawful use of a protected title (see Appendix 2) this is also an offence under the National Law for which penalties can apply.3 In the case of:
3. In Western Australia different penalties apply. In the case of an individual the maximum penalty is $30,000, or in the case of a body corporate $60,000.
The guidelines do not provide advice about how to advertise. Ahpra and the National Boards cannot give advertisers legal advice about their advertising and they cannot approve advertising. This is because as statutory regulators our role is to enforce the law and not to provide legal advice to advertisers about their advertising.
These guidelines are not a substitute for legal advice. Anyone requiring advice about advertising a regulated health service should seek appropriate independent advice from their legal adviser or indemnity insurer.
Advertising a regulated health service often involves the advertising of therapeutic goods (e.g. medicines and medical devices) and requires compliance with the Australian Consumer Law. Advertisers must comply with all relevant legislation. The Australian Competition and Consumer Commission (ACCC) is responsible for laws governing Australian Consumer Law and the Therapeutic Goods Administration (TGA) is responsible for laws governing the advertising of therapeutic goods. More information about this is included in Appendix 3.
If a complaint about advertising may be of interest to another Australian regulatory authority, such as the TGA or ACCC, Ahpra may refer the matter to the appropriate regulator.
The National Law’s advertising requirements do not apply to public health information, advice and publications about or from public health services. This information is often provided as part of a public health program led by public health agencies such as Commonwealth, state or territory government health departments.
A regulated health service displaying a National Immunisation Program poster produced by the Australian Government that promotes the infuenza vaccine would not breach the advertising requirements of the National Law.4
4. Advertisers who generate independent advertising material promoting a service involving the use or supply of therapeutic goods (including vaccines) should be aware that the therapeutic goods advertising legislation is likely to apply (see Appendix 3).
The meaning of advertising for the purpose of these guidelines is set out in the Definitions.
In the context of advertising a regulated health service, advertising includes all forms of verbal, printed and electronic communication that promotes and seeks to attract a person to a regulated health service provider and/or to attract a person to use the regulated health service. Social media is also often used to advertise a regulated health service. The meaning of ‘social media’ for the purpose of these guidelines is set out in the Definitions.
A practitioner providing information about treatment or costs in a consultation, whether in person, by telephone or video or via other digital means, is not considered to be advertising a regulated health service.
Anyone (person, business or corporate entity) who advertises a regulated health service, is considered an advertiser and must comply with the advertising requirements of the National Law (see below and the Definitions).
The person or entity who controls part or all of the advertising (i.e. who authorises the content) is the advertiser.
An advertiser has control of the advertising if:
Advertisers are responsible for their advertising, so they need to check any content produced by others on their behalf.
Advertisers can include:
A regulated health service is a service provided by, or usually provided by a registered health practitioner.
All advertisers of regulated health services must comply with:
All registered health practitioners who advertise should be aware that:
Section 133 of the National Law establishes the requirements for advertising a regulated health service and is set out in Appendix 1. This section of the guidelines provides further explanation about these requirements.
133 (1) A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—
(a) is false, misleading or deceptive or is likely to be misleading or deceptive
Advertisers must not make false, misleading or deceptive claims in their advertising. To avoid being misleading and deceptive when advertising, advertisers should aim for the following:
Advertising may be false, misleading or deceptive when it:
5. See www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements
Advertisers of a regulated health service must be able to substantiate claims made in advertising. This is referred to as ‘acceptable evidence’ in these guidelines. Acceptable evidence mostly includes empirical data from formal research or systematic studies in the form of peer-reviewed publications. Figure 1 below provides further guidance about when claims made in advertising need to be supported by acceptable evidence.
The evidence required for claims in advertising and the evidence for clinical decisions about the services provided are different.
There is an important difference between acceptable evidence for claims made in advertising and the evidence used for clinical decisions. When providing healthcare services, practitioners must obtain informed consent and are expected to discuss the evidence for different treatment options. This means patients have an opportunity to consider a proposed treatment, benefits and potential negative effects, ask questions of their practitioner(s) and make informed decisions about their healthcare.
Advertising does not provide this opportunity as the claims are generic and practitioners are not available to clarify whether a treatment is appropriate for an individual.
Ahpra and the National Boards assess the evidence for claims made in advertising consistent with approaches used by the wider scientific and academic community. Primary sources of evidence should be used wherever possible. Advertisers should consult the Ahpra and National Boards’ framework for assessing acceptable evidence for any claims made in their advertising. The framework is available on the Ahpra website.
The evidence required to support a therapeutic claim will depend on the specific claim made in the advertisement. A well-conducted systematic review of relevant randomised controlled trials represents the highest level of evidence where it includes and identifies all studies on a given topic and the review is systematic, reproducible and representative of the totality of evidence. Where a systematic review is unavailable, it is important that all relevant sources of evidence are considered (i.e. the research is not ‘cherry picked’).
Examples of unacceptable evidence could include a comparative study without concurrent controls or a single case study. Such evidence has a higher risk of biased (or inaccurate) findings because of the study’s design.
The following types of studies will generally not be considered acceptable evidence for advertising claims:
Comparative advertising that is used to promote a regulated health service over another can be misleading and/or deceptive because it can be difficult to include complete information when making comparisons.
If comparative claims are used in advertising of regulated health services they must be clear, accurate and supported by acceptable evidence where relevant. Examples of comparative advertising include:
The National Law regulates the use of certain titles (protected titles). Misuse of a protected title is an offence under the National Law. Advertisers should be aware of the protected titles for the profession that they are advertising. Penalties can apply for a breach of National Law title protection provisions. In the case of an individual, there may be a financial penalty, imprisonment or both. In the case of a body corporate a financial penalty may apply (see section 1.4 What penalties apply for advertising breaches under the National Law?).
A summary of title protection under the National Law is set out in Appendix 2. This also provides lists of protected titles, recognised specialties, divisions, and endorsements, or links to those lists.
Further information and examples of non-compliant advertising about titles, claims about registration, competence and qualifications are on the Ahpra website.
The National Law protects endorsements and recognised specialist titles. A specialist title indicates that a practitioner holds specialist registration in one of the recognised specialties for certain professions. An endorsement on a practitioner’s registration indicates that the practitioner is qualified to practise in an approved area of practice.
Under the National Law, only the Ministerial Council can approve a recognised specialty in a health profession or approve an area of practice in a health profession for endorsement.
Only a registered health practitioner who holds specialist registration in a recognised specialty or an endorsement may use the relevant specialist title or a title relating to an endorsement in advertising. This includes in the name of the business or other advertising to the public.
The National Law prohibits claims of:
A registered health practitioner may not, through advertising or other means:
An unlawful claim about specialist registration or endorsement by a registered health practitioner may also raise concerns about the practitioner’s health, performance or conduct for which the National Board may take action to protect the public.
Other uses of titles and specialist claims in advertising may not necessarily breach title protection provisions of the National Law, but may be considered false, misleading or deceptive under the advertising requirements.
When a practitioner does not hold specialist registration, the National Boards consider that any advertising using words or titles related to specialty is likely to mislead the public to believe the practitioner holds a type of specialist registration approved under the National Law.
This includes advertising that uses the words, or variations of the words or phrases ‘specialist’, ‘specialises in’, ‘specialty’, or ‘specialised’. Words such as ‘substantial experience in’ or ‘working primarily in’ are less likely to be misleading.
Example – Use of ‘specialist’, ‘specialises in’, ‘specialty’, ‘specialised’
Potential breach: Dr Lopez (Chiropractor) is a specialist in paediatric chiropractic care.
Correct: Dr Lopez (Chiropractor) has substantial experience working with musculoskeletal issues in children.
Where a practitioner holds specialist registration in a recognised specialty, they should ensure their use of ‘specialist’, ‘specialises in’, ‘specialty’, or ‘specialised’ in their advertising is restricted to the specialty they are registered in and does not misrepresent their specialist registration.
Example – Overstating specialist area of practice
Potential breach: Dr Chan, Specialist paediatric general practitioner.
Correct: Dr Chan, Specialist general practitioner with substantial experience working with children.
A medical practitioner who holds specialist registration in general practice should not claim they are a paediatric specialist, as this may mislead the public into the belief that they hold specialist registration in paediatrics.
Advertising of qualifications or memberships can provide the public with useful information about a practitioner’s education and experience. It can help the public make informed decisions about accessing regulated health services. If a practitioner holds further or postgraduate qualifications, or has specific experience, or has completed specific courses it is acceptable to advertise that in an accurate and factual manner. It is also acceptable to refer to where the qualification was issued.
Example: Postgraduate qualifications
Correct: Master of Public Health.
Example – Specific experience
Correct: 10 years’ experience working at clinic XY.
When a National Board acknowledges further education awarded by a professional college, as in physiotherapy, any reference to the further qualification must clearly specify the relevant educational award.
Example – A National Board acknowledges further education
Correct: P Smith, Specialist Musculoskeletal Physiotherapist (as awarded by the Australian College of Physiotherapists in 2008).
Advertisers should ensure that abbreviations or post-nominal letters to indicate membership of a body or association are not misleading by implying the practitioner has more qualifications, skill or experience than is the case.
When considering whether a title may be in breach of section 133 of the National Law it is important to consider the context in which the title is used. A title is unlikely to be considered advertising when it is used within the employment context only (i.e. the title is not used externally to promote the service to the public) and:
However, it must be clear to the public that the title relates specifically to the position held and the practitioner must not use this title outside the context of their employment.
In some contexts, individuals might use a title that includes some or all of a protected title together with a descriptive term. Use of a descriptive term with a protected title might provide useful information to the public about the subset of the population, area of practice or specific setting the practitioner works in.
However, advertisers must take care that the title does not over-represent the practitioner’s skills, experience or qualifications, or imply specialist registration or endorsement.
Example – Recognised specialist title with a descriptive term
Potential breach: Dr Taylor, GP Oncologist.
If a medical practitioner who holds registration as a general practitioner uses this title this would be misleading as it implies the practitioner holds registration as a medical oncologist, a recognised specialty.
Correct: Dr Taylor, GP who works extensively with patients undergoing cancer treatment.
Example – Protected title with a descriptive term
Correct: Dr Nguyen, Sports chiropractor.
Sports chiropractor is not a recognised specialty, so this does not imply the practitioner holds specialist registration, rather it describes the area of practice the practitioner works in.
‘Doctor’ is not a protected title, but registered health practitioners must be careful about how they use ‘Doctor’ or ‘Dr’ in their advertising because the public historically associates the term with medical practitioners. If the title ‘Dr’ is used in advertising and does not refer to a registered medical practitioner, then (whether or not a doctorate or PhD is held) the profession the practitioner is registered in should be made clear.
Example – Use of title doctor by professions other than medical practitioners
Potential breach: Dr Lee.
Correct: Dr Lee (Osteopath).
(b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer.
Advertising that offers a gift, discount or other inducement to attract someone to use the regulated health service or business must state the terms and conditions of the offer, gift or inducement. The terms and conditions should be provided in plain language.
Advertising may be in breach of the National Law:
The public generally consider the word ‘free’ to mean ‘absolutely’ free. When the costs of a ‘free offer’ are recouped through a price rise elsewhere or through other sources such as Medicare, the offer is not actually free.
Advertising that may breach the National Law includes advertising that:
It may not be possible in some advertising to display the terms and conditions alongside an offer of a gift, discount or inducement. In this case the offer should direct the public to the location of the terms and conditions, such as through a link or directions to the section of the advertiser’s website that contains the terms and conditions. This allows for an advertiser’s full terms and conditions to be stated.
Advertisers must ensure that terms and conditions are easily found and accessible. The public should not be required to exhaustively search for or contact the advertiser for terms and conditions.
Further information and examples of non-compliant gifts, discounts and inducements are on the Ahpra website.
(c) uses testimonials or purported testimonials about the service or business;
Section 133(1)(c) of the National Law specifically prohibits advertising a regulated health service in a way that uses testimonials or purported testimonials, such as for example, patient stories and experiences, success stories, or fake testimonials. The risk of harm posed by using testimonials in advertising is greatest where it:
The National Law does not define ‘testimonial’, so Ahpra and the National Boards have adopted its ordinary meaning of a positive statement about a person or thing. In the context of the National Law, testimonials are recommendations or positive statements about the clinical aspects of a regulated health service used in advertising.
Not all reviews or positive comments made about a regulated health service are considered testimonials. For example, comments about customer service or communication style that do not include a reference to clinical aspects are not considered testimonials for the purposes of the National Law.
A clinical aspect exists if one of the following is expressed:
Some patients use online reviews to make decisions about their choice of practitioner and treatment options. Reviews can appear on business web sites, in a service directory or booking site, on social media, on discussion forums, on a search engine or on a review platform.
The prohibition on using testimonials (or purported testimonials) to advertise regulated health services does not affect:
The prohibition on the use of testimonials only exists when:
See Figure 2 below to help identify whether a review is considered a testimonial used in advertising and is in breach of the requirements of the National Law.
The advertiser − that is, whoever has control over the advertising − is responsible for compliance with the prohibition on the use of testimonials in advertising.
Advertisers are not responsible for removing (or trying to have removed) testimonials published on platforms they do not control or on sites that are not advertising a regulated health service.
However, a regulated health service provider should take care if they choose to engage with reviews on a third-party site as this may be considered using a testimonial to advertise a regulated health service.
The examples below help to explain who is responsible for ensuring compliance with the advertising requirements of the National Law in relation to reviews from the public. Where the review appears and whether it is being used in advertising (as defined in these guidelines) are important for determining who is responsible for ensuring compliance.
Example – Clinic or practitioner’s website
Review appearing on a clinic or practitioner’s website that publishes (or republishes) reviews/testimonials.
The clinic business owner or practitioner (that is, whoever has control over the website) is responsible for compliance.
Example – Clinic or practitioner’s business social media
Review appearing on a clinic or practitioner’s business social media that has reviews/testimonials functions.
Not all social media sites allow for editing or removal of testimonials. However, the clinic business owner or practitioner (whoever has control over the social media) is still responsible for ensuring compliance with the prohibition on testimonials. This may be achieved by disabling the reviews/testimonials functions.
Example – Third-party sites that include advertising
Review appearing on a third-party site that advertises a regulated health service (such as a booking site or review platform) where the practitioner/clinic has no control over the testimonials/reviews function.
The owner of the online booking site or review platform is responsible for compliance (that is, whoever has control over the testimonials/reviews function of the site or platform).
The clinic business owner or practitioner may have control over other content on the third-party site and would be responsible for ensuring that content complies with the advertising requirements.
Example – Third-party sites that do not advertise a regulated health service
Review appearing on a third-party site that does not advertise a regulated health service (including service directories, review platforms, social media platforms and/or discussion forums).
(d) creates an unreasonable expectation of beneficial treatment;
Advertising must not create an unreasonable expectation of beneficial treatment. The claims of beneficial treatment can range from unsubstantiated scientific claims through to miracle cures. Advertising of treatments or services must not encourage or promote unreasonable expectations.
Examples where advertising may be in breach of this section of the National Law include where it:
Patient stories and journeys or anecdotes from the advertiser about the personal benefit or outcome obtained from treatment may create an unreasonable expectation of beneficial treatment as the outcomes experienced by one person do not necessarily reflect the outcomes that other people may experience.
Example – Anecdote from the advertiser
Potential breach: ‘I decided to study to become a chiropractor after regular chiropractic treatment was the only thing that helped reduce my asthma symptoms.’
Care should be taken when using graphic or visual representations in advertising of regulated health services to ensure they do not create an unreasonable expectation of benefit, as the outcomes experienced by one person do not necessarily reflect the outcomes that other people may experience.
Advertising may be in breach of this section of the National Law if:
Care should be taken when using ‘before and after’ images in advertising a regulated health service as they have the potential to be misleading or deceptive. These images may cause a member of the public to have unreasonable expectations of a successful outcome.
Use of ‘before and after’ images are less likely to be misleading if: Use of ‘before and after’ images are less likely to be misleading if:
4.5 Encouraging indiscriminate or unnecessary use of regulated health services
(e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.
Advertising must not directly or indirectly encourage the indiscriminate or unnecessary use of a regulated health service. Encouraging the unnecessary and indiscriminate use of a regulated health service can lead the public to buy or use a regulated health service they do not need and is not clinically indicated or provides no therapeutic benefit. Any health intervention involves inherent risks, so encouraging the use of regulated health services which is not based on clinical need or therapeutic benefit is not in the public interest.
Advertising may be unlawful when it:
Example – Substantial prize
Potential breach: ‘Each time you attend for cosmetic injections at our practice you go into the draw to win a luxury car. The more times you attend the more entries you get and the more chances you have to win!’
Terms in this document are defined for the purposes of section 133 of the National Law. Advertisers should note that definitions in other legislation may be different to the definitions in these guidelines and should refer to the relevant definitions to ensure they comply with all relevant legislation.
Any person or business that advertises a regulated health service provider (practitioner or business).
This definition of advertising includes but is not limited to all forms of verbal, printed or electronic public communication that promotes a regulated health service provider to attract a person to the provider (practitioner or business). This can include advertising via:
Advertising can also include situations in which practitioners make themselves available or provide information for media reports, magazine articles or advertorials if the practitioner (author) also promotes a particular (or their own) regulated health service provider.
This definition of advertising excludes:
Ahpra is the Australian Health Practitioner Regulation Agency. Ahpra’s operations are governed by the National Law (defined below). Ahpra provides administrative and policy support to the 15 National Boards that are responsible for regulating the 16 registered health professions.
An individual who practises a registered health profession (as defined in the National Law).
A national health practitioner board established by section 31 of the National Law.
The Health Practitioner Regulation National Law, as in force in each state and territory (the National Law).
Expressions used to denote persons generally (such as ‘person’, ‘party’, ‘someone’, ’anyone’, ‘no‑one’, ‘one’, ‘another’ and ‘whoever’), include a body politic or corporate as well as an individual.
A statement or representation that appears to be a testimonial, whether provided in the first or third person.
A service provided by, or usually provided by, a health practitioner (as defined in the National Law).
Includes websites and applications that enable users to create and share content or to participate in social networking. Social media is sometimes used to advertise a regulated health service.
Common social media platforms include:
See the Ahpra website for more information about what falls within the definition of social media.
Date of issue: 14 December 2020
Date of review: These guidelines will be reviewed from time to time as required. This will generally be at least every five years.
Section 133 of the National Law regulates advertising of a regulated health service. It states:
(1) A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—
(a) is false, misleading or deceptive or is likely to be misleading or deceptive; or
(b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or
(c) uses testimonials or purported testimonials about the service or business; or
(d) creates an unreasonable expectation of beneficial treatment; or
Maximum penalty—
(a) in the case of an individual—$5,000; or
(b) in the case of a body corporate—$10,000.
(2) A person does not commit an offence against subsection (1) merely because the person, as part of the person’s business, prints or publishes an advertisement for another person.
(3) In proceedings for an offence against this section, a court or tribunal may have regard to a guideline approved by a National Board about the advertising of regulated health services.
(4) In this section — regulated health service means a service provided by, or usually provided by, a health practitioner.
Sections 113 to 119 describe the title and practice protection provisions under the National Law, including the penalties for offences by individuals and bodies corporate. Each provision applies both to the way that an individual describes themselves, and the way that anyone describes another person.
Section 113 provides that a person must not knowingly or recklessly take or use a protected title found in the table of that section (Table 1 below) which would induce a belief that the person is registered in that profession.
Section 114 provides that a registered health practitioner whose registration is endorsed under section 97 of the National Law as being qualified to practise as an acupuncturist may use the title ‘acupuncturist’.
Section 115 provides that a person must not knowingly or recklessly take or use the titles, ‘dental specialist’, ‘medical specialist’ or a specialist title for a recognised specialty unless the person is registered under that specialty.
Section 116 provides that a person who is not a registered health practitioner must not knowingly or recklessly (i) take or use the title ‘registered health practitioner’ (ii) take or use a title, name, initial, symbol, word or description to indicate the person is a health practitioner or claim is authorised or qualified to practise as a health practitioner, or (iii) claim to be registered or hold themselves out as being registered.
Section 117 provides that a person must not knowingly or recklessly claim or hold themself out to be registered or qualified to practise in a health profession or a division of a health profession if the person is not so registered. Section 117 also provides that a person cannot use or take a title which would induce a belief that such a person is so registered.
Section 118 provides that a person who is not a specialist health practitioner must not knowingly or recklessly take or use the title ‘specialist health practitioner’. Further, a person must not use a title, name, symbol, word or description that would induce a belief that a person is or is authorised or qualified as a specialist health practitioner. Further, the person must not claim or hold out to be registered in a recognised specialty or claim to be qualified to practise as a specialist health practitioner.
Section 119 provides that a person must not knowingly or recklessly make claims about a type of registration, endorsement, or registration in a recognised specialty that the person does not have.
These provisions are often referred to as ‘holding out’ provisions.
Note: the above is a summary only – please consult the National Law for more detail.
The Ministerial Council approved the recognised specialties and specialist titles for the following professions.
6. The Chiropractic, Osteopathy and Physiotherapy Boards have no approved program or pathway for acupuncture endorsement. There are currently practitioners with acupuncture endorsement in these professions as a result of Victoria having different legislation before the start of the National Scheme.
Administered by: Australian Competition and Consumer Commission (ACCC) and relevant state and territory consumer protection departments and agencies
Go to: www.accc.gov.au
Therapeutic Goods Act 1989 (Cth)
Therapeutic Goods Regulations 1990
Therapeutic Goods Advertising Code
Price Information Code of Practice (see Schedule 4 of the Therapeutic Goods Advertising Code)
Administered by: Department of Health – Therapeutic Goods Administration
Go to: www.tga.gov.au
Administered by agencies in each Australian state and territory