Higher maximum penalties for health advertising offences from 2022

From 21 October 2022 the maximum advertising penalty rose to $60,000 per offence for individuals and $120,000 for companies.

21 October 20229 min read

On 21 October 2022, the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 received assent in Queensland, and the first group of its changes started that day. One of them was a large increase in the maximum penalty for advertising offences under the National Law. Ahpra states the maximum rose from $5,000 to $60,000 per offence for an individual, and from $10,000 to $120,000 per offence for a body corporate.

That is a twelve-fold increase, and it applies to anyone who advertises a regulated health service, including non-practitioner owners and companies. The same Bill had proposed lifting the blanket ban on testimonials. That proposal was withdrawn, so the testimonial ban stayed in place.

Status as at October 2026: the higher penalties are in force. Western Australia adopted the 2022 changes through its own Application Act, which Ahpra says commenced on 14 May 2024, and Ahpra’s advertising guidelines page says the increased penalties apply in all jurisdictions including WA “as of July 2024”. The text of the advertising guidelines and the enforcement strategy has not yet been rewritten and still quotes the old figures in places. Ahpra says both documents will be updated when they are next reviewed.

What changed

Queensland is the host jurisdiction for the National Law, so national changes go through the Queensland Parliament. The Bill was introduced on 11 May 2022, passed its third reading on 13 October 2022 and received assent on 21 October 2022. Ahpra describes it as the most significant set of legislative reforms since the National Scheme began in 2010, with more than 30 changes in total.

The changes started in three groups: on assent (21 October 2022), on 15 May 2023 and on 1 July 2024. Ahpra lists these among the changes that started on 21 October 2022:

a new paramount principle, making public protection and public confidence in the safety of health services the paramount considerations in administering the law
a new objective and guiding principle on cultural safety for Aboriginal and Torres Strait Islander Peoples
an increase in the maximum penalty for breaching advertising restrictions
an increase in the maximum penalties for directing and inciting offences.

Ahpra’s advertising guidelines page sets out the advertising figures: for an individual, the maximum financial penalty per offence increased from $5,000 to $60,000, and for a body corporate from $10,000 to $120,000.

Ahpra also records that one proposed change was removed from the Bill. The change to lift the blanket ban on testimonials in advertising regulated health services was withdrawn, which Ahpra says “means that the current ban will remain in place.”

The Western Australia timing

Changes to the National Law apply automatically in most states and territories, but New South Wales, South Australia and Western Australia take their own steps. Ahpra reports that the Health Practitioner Regulation National Law Application Act 2024 (WA) commenced on 14 May 2024, bringing the commenced changes and the “surgeon” title protection into operation in WA. Ahpra’s advertising guidelines page says the increased penalties apply in all jurisdictions, including WA, as of July 2024.

Before then, a footnote in the guidelines gave WA’s maximum penalties as $30,000 for an individual and $60,000 for a body corporate. Ahpra’s enforcement strategy page, last reviewed in October 2023, still says the WA penalty had not increased. That page predates the WA Act, so treat the guidelines page as the more current statement.

Who it applies to

Section 133 of the National Law applies to any person who advertises a regulated health service, or a business that provides one. The advertising guidelines say this includes:

registered health practitioners
individuals who are not registered health practitioners
businesses, partnerships and corporate entities.

The individual maximum applies to people, whether or not they are registered. The body corporate maximum applies to companies, which is how many clinics, dental groups and allied health businesses are structured. The advertiser is whoever controls the advertising, including by directing a staff member or marketing agency to draft or publish it.

What the rules require

The amendment did not change what advertising is allowed. It changed the consequences. Section 133 still prohibits advertising that:

is false, misleading or deceptive, or likely to be
offers a gift, discount or other inducement without stating the terms and conditions
uses testimonials or purported testimonials
creates an unreasonable expectation of beneficial treatment
directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.

Penalties are per offence

Ahpra describes the maximums as applying per offence. The enforcement strategy notes that ongoing breaches may be treated as separate offences, increasing the potential deterrent effect. For a practice with the same problem across many pages, posts or ads, that matters. A court decides the actual penalty, and the figures above are maximums.

Prosecution is one tool among several

A breach of an advertising requirement is a criminal offence for which a court may impose a monetary penalty. For registered practitioners, the advertising guidelines list other tools as well: investigating the practitioner’s conduct, imposing conditions on registration such as restricting their ability to advertise, disciplinary action in a panel or tribunal, and prosecution. For businesses and individuals who are not registered, the tool available under the National Law is prosecution.

Ahpra’s enforcement strategy remains risk-based. Low-risk first matters usually start with a letter and a timeframe to fix the advertising. Medium-risk or repeated matters lead to audits, show cause processes and possible conditions. Some high-risk matters can go to prosecution or disciplinary action from the outset. The higher penalties raise the stakes for those matters that do reach court.

Protected titles

Penalties for unlawfully using a protected title were already at the higher level before 2022. The guidelines describe them as up to $60,000 per offence, up to three years’ imprisonment, or both, for an individual, and up to $120,000 per offence for a body corporate. The “surgeon” title protection that started on 20 September 2023 carries the same maximum for individuals.

Directing or inciting

The 2022 Act also increased penalties for directing or inciting offences. Ahpra’s September 2026 guidance on conflicts of interest explains that under section 136 of the National Law it is an offence for anyone, registered or not, to direct or incite a registered practitioner to do anything in the course of practice that amounts to unprofessional conduct or professional misconduct. Ahpra gives the maximum as $60,000 for an individual and $120,000 for a body corporate. This is relevant for owners and managers who set marketing or sales expectations for practitioners.

What it means for your marketing

Website

Your website is usually your largest body of advertising, and because penalties are per offence, repeated issues across pages add up. Prioritise the high-risk categories Ahpra names in its enforcement strategy: claims of curing serious illness, advertising aimed at vulnerable groups, and misuse of protected titles. Then work through testimonials, offers and effectiveness claims.

Google Business Profile and reviews

The testimonial ban survived the 2022 Bill unchanged. Promoting or republishing clinical reviews in your advertising remains prohibited, and each instance carries the higher maximum.

Social media

Business social accounts are advertising. Recurring post formats, such as weekly patient stories or result reels, can create many separate pieces of non-compliant advertising quickly. Fix the template, not just the latest post.

Paid ads

Ad variations multiply fast. A campaign with dozens of headline and description combinations can repeat a problem claim many times. Review the assets in your ad account, including paused and older ads that can be reactivated.

Email and SMS

Promotional emails and recall messages are advertising. Offers need terms, and messages should not create urgency that is not clinically indicated.

Printed and in-clinic material

Signage, brochures and flyers stay in circulation for years. Check them against the same rules as digital channels.

Common mistakes we see

Relying on the old figures still printed in section 1.4 of the guidelines and assuming the risk is small.
Assuming the testimonial ban was lifted in 2022. The proposal was withdrawn.
Owners who are not registered practitioners assuming the rules only apply to clinicians.
Fixing one page or post while the same claim stays live across others.
Leaving old ads, landing pages and printed material in circulation.
Setting booking or sales targets that put pressure on practitioners to advertise in ways that breach their professional obligations.

A practical checklist

Confirm who the advertiser is for each channel: the practitioner, the owner, the company, or all three.
Build an inventory of live advertising, including old landing pages, paused ads and printed material.
Search your website and social accounts for testimonials, patient stories and quoted reviews.
Check every offer has plain-language terms and conditions, or a clear link to them.
Check effectiveness claims against the acceptable evidence standard.
Check titles and specialist claims for every practitioner, including “surgeon”.
Fix problems at the template level so they are not repeated.
Review any targets or incentives that could amount to directing or inciting unprofessional conduct.
Keep records of changes you make and when.

How this fits with other rules

The National Law penalties sit alongside other regimes. Advertising therapeutic goods is regulated by the TGA under the Therapeutic Goods Act, and misleading conduct more generally is covered by the Australian Consumer Law, enforced by the ACCC. The same advertisement can raise issues under more than one regime. For registered practitioners, a breach of the advertising rules can also be assessed against their Board’s code of conduct, which is why disciplinary action is available as well as prosecution.

Frequently asked questions

When did the higher penalties start?

Ahpra lists the increase in the maximum penalty for advertising offences among the changes that started on 21 October 2022, the date of assent. For Western Australia, Ahpra says the increased penalties apply as of July 2024, after the WA Application Act commenced on 14 May 2024.

Why does the guideline still say $5,000?

The guidelines were last revised in 2020. Ahpra says they will be updated to include the 2022 changes when they are next reviewed, and its guidelines page states the new figures.

Does every breach lead to a fine?

No. Ahpra’s enforcement strategy is risk-based. Many matters start with a letter asking you to fix the advertising. The maximums matter most for high-risk or repeated matters that are prosecuted, and a court decides the actual penalty.

Were testimonials allowed after 2022?

No. The proposal to lift the blanket ban was withdrawn from the Bill, and Ahpra says the ban remains in place.

Can a company be fined even if no practitioner wrote the ad?

Yes. Section 133 applies to any person, and Ahpra’s guidelines say advertisers include businesses and corporate entities. The body corporate maximum is $120,000 per offence.

Need a hand?

If you would like your advertising reviewed channel by channel, including old pages and ads that are easy to forget, our AHPRA compliance audit is a good place to start. If you manage a team, our compliance training helps practitioners and marketing staff understand where the risks are.

This article is general guidance based on the published rules, not legal advice. Final responsibility for advertising sits with the registered practitioner, and complex situations may need independent legal advice.