AHPRA compliant marketing, written from the law rather than the summary.
Most agencies working with Australian health practices are quoting a penalty figure the regulator has already superseded. That is a reasonable proxy for how closely the rest of the advice has been checked.
AHPRA compliant marketing means advertising a regulated health service inside section 133 of the National Law, which prohibits misleading claims, untermed inducements, testimonials about the service, unreasonable expectations of beneficial treatment, and encouraging unnecessary use of health services. Maximum penalties are $60,000 per offence for an individual and $120,000 for a body corporate.
The five things section 133 actually prohibits
These are the operative words, and most compliance problems we see are one of the five rather than something exotic. A person must not advertise a regulated health service, or a business that provides one, in a way that:
- is false, misleading or deceptive, or is likely to be misleading or deceptive
- offers a gift, discount or other inducement to attract a person to the service, unless the advertisement also states the terms and conditions of the offer
- uses testimonials or purported testimonials about the service or business
- creates an unreasonable expectation of beneficial treatment
- directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services
The second one catches more practices than any other, because a discounted first appointment is the most natural offer in the trade and the terms have to sit in the advertisement itself rather than on the page it links to.
The penalty most agencies quote is out of date
This is the detail worth checking any prospective agency against. The National Law was amended in 2022 to increase the maximum penalties for advertising offences. AHPRA states plainly that the advertising guidelines will be updated to include these changes when they are next reviewed, and that as of July 2024 the increased penalties apply in all jurisdictions including Western Australia.
So the guidelines document that everyone downloads still shows the superseded figures, and the regulator has said so on its own website. The current maximums are $60,000 per offence for an individual and $120,000 per offence for a body corporate.
Per offence is the phrase to sit with. A claim that appears in an ad, on the landing page it points at, and in the Google Business Profile description is not obviously one offence.
Protected titles are not a wording preference
Where an advertising breach involves unlawful use of a protected title, AHPRA states the maximum penalty for an individual is a fine of up to $60,000 per offence, imprisonment for up to three years per offence, or both. For a body corporate it is up to $120,000 per offence.
That is why we treat title claims as a separate check rather than a style question. Whether a practitioner may call themselves a specialist depends on the profession and the country, and it is one of the most common errors we find. We wrote up the physiotherapy version in can a physiotherapist call themselves a specialist.
Who actually carries the risk when an agency writes the copy
Section 133 applies to the person advertising the service. Separately, and this is the part worth reading twice, AHPRA states that a National Board may decide an advertising breach raises concern about the practitioner’s conduct and take action which may include placing conditions on their registration.
An agency cannot have conditions placed on your registration on your behalf. The money is recoverable and the registration is not, which is the asymmetry we would want a practice to understand before handing over the copy, including to us.
Cosmetic work sits under more than one rulebook
AHPRA now publishes three relevant sets: the general guidelines for advertising a regulated health service, separate guidelines for registered medical practitioners who advertise cosmetic surgery, and guidelines for advertising higher risk non-surgical cosmetic procedures, which took effect on 2 September 2025.
A clinic offering injectables alongside medical dermatology is working under more than one at the same time, which is part of why we keep the two halves of that marketing separate. The structural version is in should a dermatology clinic separate its cosmetic and medical pages.
AHPRA is not the only regulator in the room
AHPRA states that advertisers must also comply with other applicable legislation and names the Australian Consumer Law, the ACCC and the TGA. It also notes that National Boards do not enforce therapeutic goods legislation, but that a breach of other legislation may form the basis for disciplinary action under the National Law.
In practice that means a TGA problem can become an AHPRA problem. It is the reason a clinic cannot name a prescription-only medicine in advertising to the public and treat that as somebody else’s rulebook.
Which practices we do this for
The professions below are the ones we know well enough to work inside their limits. Each page sets out what changes for that field specifically.
What the work covers is on our services, and what it costs is published rather than quoted on request.
Questions Australian practices ask
What does section 133 of the National Law actually prohibit?
Five things. Advertising that is false, misleading or deceptive or likely to be. Offering a gift, discount or inducement without also stating the terms and conditions in the advertisement. Using testimonials about the service or business. Creating an unreasonable expectation of beneficial treatment. And encouraging the indiscriminate or unnecessary use of regulated health services, directly or indirectly.
What is the maximum penalty for an AHPRA advertising breach?
A court may order up to $60,000 per offence for an individual practitioner and up to $120,000 per offence for a body corporate. The words that matter are per offence, not per campaign. A claim repeated across a website, a profile and an ad set is not automatically one offence.
Why do so many agencies quote a lower AHPRA penalty?
Because they are reading the guidelines rather than the law. The National Law was amended in 2022 to increase the maximum penalties, and AHPRA states the advertising guidelines will be updated when they are next reviewed. As of July 2024 the increased penalties apply in all jurisdictions including Western Australia. An agency quoting the superseded figure is working from a document AHPRA has already said is behind.
Can a practitioner go to prison over advertising?
For unlawful use of a protected title, yes in principle. AHPRA states the maximum penalty for an individual is up to $60,000 per offence, imprisonment for up to three years per offence, or both. That is the reason we treat specialist and other protected titles as a separate check rather than a wording preference.
If our agency writes the ad, are we still responsible?
Section 133 applies to the person advertising a regulated health service. Separately, AHPRA states a National Board may decide an advertising breach raises concern about the practitioner's conduct and take action including placing conditions on their registration. An agency cannot have conditions placed on your registration on your behalf, which is the asymmetry worth understanding before you hand the copy over.
Do the cosmetic advertising rules differ from the general ones?
Yes, and there are now three sets. The general guidelines for advertising a regulated health service, separate guidelines for registered medical practitioners advertising cosmetic surgery, and guidelines for advertising higher risk non-surgical cosmetic procedures, which took effect on 2 September 2025. A clinic doing injectables is working under more than one at once.
Does meeting AHPRA's rules mean the advertising is compliant?
No. AHPRA states that advertisers must also comply with other applicable legislation, and names the Australian Consumer Law, the ACCC and the TGA. National Boards do not enforce therapeutic goods legislation, but AHPRA states a breach of other legislation may form the basis for disciplinary action under the National Law.
Sources
- AHPRA — Advertising and the law (section 133, penalties)
- AHPRA — Advertising hub
- AHPRA — Guidelines for advertising a regulated health service
- Health Practitioner Regulation National Law, section 133
- Therapeutic Goods Administration — Advertising hub
Read from AHPRA’s own pages on 20 September 2026. This page explains how the advertising rules work in general and is not legal advice for your practice. Our corrections policy explains how we handle it when a rule moves.