Comply with section 133, the title protection provisions and the other laws that apply
Ahpra advertising guidelines Section 133, stated plainly and cited to the edition held, with the evidence an auditor or the regulator asks for, the common gaps, and a free worksheet to fill in.
Advertising guidelines Section 133
Ahpra and the National Boards
Guidelines for advertising a regulated health service, December 2020 edition, effective 14 December 2020
6 October 2026, Ahpra advertising guidelines page read 6 October 2026: still the current edition
Anyone advertising a regulated health service, including a practice owner who is not registered, for occupational therapy, physiotherapy and psychology services.
The printed edition predates the higher penalties for advertising offences: up to 60,000 dollars for an individual and 120,000 dollars for a body corporate, in every jurisdiction from 1 July 2024. The guidelines will be updated when next reviewed.
Anyone advertising a regulated health service must meet section 133 of the National Law, the title and practice protection provisions in sections 113 to 120, and all other relevant legislation including the Australian Consumer Law and therapeutic goods law. Registered practitioners must also follow their Board's code of conduct. A breach of therapeutic goods or drugs and poisons legislation can ground disciplinary action even though the Boards do not enforce that legislation.
- Advertising compliance policy naming section 133, sections 113 to 120, Australian Consumer Law and the Therapeutic Goods Advertising Code
- Board code of conduct acknowledgement for each practitioner who appears in advertising
- Advertising reviewed against the National Law only, so a medicine or device claim breaches the Therapeutic Goods Advertising Code
- No check of state drugs and poisons rules for advertised prescription-only treatments
| Ref | Held (yes, partly, no, not applicable) | Where it is kept | Owner | Last reviewed | Next review |
|---|---|---|---|---|---|
| Section 133 |
Completing this worksheet records what your practice holds and where. It does not make a practice compliant or ready for audit, and it is not legal advice.
Related requirements
Ahpra advertising guidelines
- ComparisonsKeep comparative claims clear, accurate and supported
- Use of DrMake the profession clear when a non-medical practitioner uses 'Dr'
- Who advertisesIdentify who controls the advertising and take responsibility for it
- Evidence for claimsHold acceptable evidence for every effectiveness claim
- ExpectationsDo not create an unreasonable expectation of beneficial treatment
- ImagesUse images and before-and-after photographs that are genuine and comparable
- Gifts and discountsState the terms and conditions of any gift, discount or inducement
- MisleadingDo not publish false, misleading or deceptive advertising
- Every page of this instrument
The same topic in other instruments (advertising)
- National Law s 113Protected titles only for persons registered in the profession
- National Law s 115Specialist titles only for specialist registrants
- National Law s 116No claims to be a registered health practitioner by unregistered persons
- National Law s 117No claims of registration in a profession or division not held
- Ahpra shared Code of conduct 8.5Advertising
- Psychology Board Code of conduct 8.7Advertising
See every requirement for your practiceSee the specimen practice