Claims you cannot back up
Superlatives come first. "Best", "leading", "number one" and "most advanced" are claims that need substantiation, and most of them imply a comparison with other providers. If you cannot support one with evidence a reasonable person would accept, it does not go in the ad.
Qualifications belong here too. Calling yourself a specialist when you are not registered in an approved specialty is misleading, and so is a run of postnominals that suggests seniority the practitioner does not hold.
Section 133 prohibits creating an unreasonable expectation of beneficial treatment. Health outcomes vary from one patient to the next, so words such as "pain-free", "guaranteed", "permanent" and "cure" promise a result the treatment cannot reliably produce.
| Avoid | Why it is a problem | Write instead |
|---|---|---|
| "The best physio in Brisbane" | A comparison you may not be able to substantiate | Something you can prove, such as "Physiotherapy in [suburb], with [your real appointment hours]" |
| "Pain-free in one visit" | Promises an outcome that varies between patients | "A first appointment that assesses your pain and explains the options" |
| "Guaranteed results" | Creates an unreasonable expectation of treatment | "A treatment plan reviewed with you at each stage" |
| "Our specialist dentists" (no approved specialty) | Uses a restricted term in a misleading way | "Dentists with qualifications listed exactly as registered" |
Only use the replacement if it is true for your practice. A replacement that is also a claim needs the same evidence as the original.
Offers and prices
An offer is allowed. An offer with its conditions left out is not. Section 133 prohibits offering an inducement without stating its terms and conditions.
A "free consultation" needs its limits stated, including who it is for and whether it expires. A "$99 new patient exam" needs to say what is included and when the price ends. Ad character limits do not change the rule. Put the conditions on the landing page, close to the offer and reasonably accessible from the ad.
Patient comments about treatment
Clinics often misread this rule. A testimonial, in this sense, is a statement about the clinical side of care: the treatment, the outcome, or the practitioner's clinical skill. Section 133 prohibits using testimonials or purported testimonials in advertising, which covers an ad, a website, a brochure and a social post alike.
Comments about non-clinical matters, such as reception service, booking or parking, fall outside that definition. Check each comment against the line before you reuse it, because a single sentence about the result can turn a friendly review into a prohibited testimonial.
Reviews that patients leave on platforms you do not control are not generally treated as your advertising. The position changes the moment you copy one into material you control. Do not ask patients for comments about their treatment to use in marketing.
Urgency and packages
Section 133 also prohibits directly or indirectly encouraging the indiscriminate or unnecessary use of regulated health services. The risk sits in tactics that work well for retail: countdown timers, "only three spots left this month", bulk session packs, loyalty rewards for extra visits and prize draws tied to booking.
A deadline with a clinical reason behind it is a different matter. If a screening window or a treatment timeframe is real, say what it is and why it matters. If the only reason for the deadline is your calendar, drop it.
Protected titles and medicines
Protected titles sit in a separate layer. Only people with the relevant registration may use them, and unlawful use can carry a fine of up to $60,000 per offence for an individual, up to three years in prison, or both.
Therapeutic goods law adds another layer. It restricts advertising some prescription-only medicines to the public, which means a treatment can be lawful to offer and still unsuitable to name in a public ad. Check the TGA's rules before naming any medicine in advertising.
What a breach costs
Maximum penalties for a breach of section 133 are $60,000 per offence for an individual and $120,000 per offence for a body corporate. The practice carries the risk for the ads it runs, including ads a supplier wrote for it.
Anyone can complain about an ad, and competitors sometimes do. A complaint does not need a court case to cause trouble. It can mean a deadline to correct or remove the material.
Before you publish
Check each piece of copy against four questions:
- Can every claim be supported by evidence you hold today?
- Does any part of it describe a patient's experience of treatment?
- If there is an offer, can a patient find its terms without searching?
- Does anything promise a result, or create a deadline with no clinical reason?
If a request crosses one of these lines, the safe course is to say so in writing and propose a version that keeps the commercial point without the claim.
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General information only. It is not legal advice and does not replace the current guidelines published by AHPRA and the National Boards. Check the source material or seek advice on your specific situation.