Allied Health NDIS Audit Checklist
National LawHealth Practitioner Regulation National Lawnational-law--s136-no-directing-or-inciting-practitioners-to
Requirement

No directing or inciting practitioners to unprofessional conduct or professional misconduct

Health Practitioner Regulation National Law s 136, 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.

Clause

National Law s 136

Regulator

Ahpra and the National Boards

Edition held

The National Law as the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), Act No 45 of 2009, Queensland in-force version current as at 10 April 2026 (the host jurisdiction's text, which the other states and territories apply by their own Acts; New South Wales applies its own version with its own complaints scheme)

Checked current

6 October 2026, our build record of the held copy: no later reprint listed on 30 September 2026

Who it applies to

Anyone, registered or not, including a practice owner who is not a practitioner; for registered occupational therapists, physiotherapists and psychologists and the practices that employ them.

s 136No directing or inciting practitioners to unprofessional conduct or professional misconductsource
Requirement, our statement of the clause

No person directs or incites a registered practitioner to do anything in the course of practice that amounts to unprofessional conduct or professional misconduct (for example directing unnecessary services, breaching conditions, or advertising in breach of the Law). The owner or operator of a public health facility is excluded. Maximum penalty $60,000 for an individual and $120,000 for a body corporate (raised by the 2022 amendments). This is the duty that reaches private employers, corporate practice owners and managers.

Evidence that typically shows this
  • Policies stating that business targets and directions never override practitioners' professional obligations
  • Management KPIs and incentive schemes reviewed for measures that reward unnecessary services
  • Escalation channel for practitioners to report directions they consider unprofessional, and its log
Common gap to check
  • Billing or appointment targets that push practitioners to over-service
  • Managers direct practitioners to publish testimonials or misleading advertising
  • Practitioners pressured to practise outside conditions to cover rosters
Worksheet: what your practice holds, and where
RefHeld (yes, partly, no, not applicable)Where it is keptOwnerLast reviewedNext review
s 136

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

See every requirement for your practiceSee the specimen practice