AHPRA and TGA Marketing Compliance in Australia
How to stay compliant without slowing your growth
If you market a healthcare or allied health service in Australia, your website and social media are doing more than promoting your business. In many cases, they’re regulated advertising — and the rules are more specific than most practitioners realise.
Here’s the part that surprises a lot of people: AHPRA’s advertising obligations apply to anyone advertising a regulated health service. Not just the practitioner. That means the clinic entity, business owners, and anyone managing your marketing on your behalf can all be on the hook.
Two regulators, two sets of rules
AHPRA (National Law) governs the advertising of regulated health services. Under Section 133, your advertising can’t be misleading, can’t use testimonials about clinical outcomes, can’t create unrealistic expectations, and can’t encourage treatment that isn’t genuinely needed. Claims need real evidence behind them, and where relevant, risk information has to be present too.
TGA comes into play the moment you reference therapeutic goods — injectables, medicines, certain devices, or skincare technology. Once you’re in that territory, additional rules apply around testimonials, endorsements, and what information must be included in certain advertising contexts.
The 7 Highest-Risk Areas We See on Websites and Social Media
1. Testimonials — the quiet breach most clinics don’t see coming
Using patient testimonials about clinical outcomes in your marketing is prohibited. Full stop. This includes copying a Google review onto your website, turning a five-star quote into a graphic, or reposting a “before and after + glowing comment” as content.
A common misconception: “But the review is on Google — I didn’t write it.” AHPRA’s focus isn’t where the review lives. It’s whether you’re using it in advertising you control — embedding it, reposting it, or featuring it in any way.
Safer alternatives:
- Patient experience statements about non-clinical aspects (think: ease of parking, friendly reception) — handled carefully
- Practitioner-led education content covering what to expect, suitability, risks, and aftercare
- Service explanations and FAQs written in clear, neutral language
2. Claims that sound completely normal — but aren’t
AHPRA is explicit: claims must be supported by acceptable evidence. Some of the highest-risk wording is also the most commonly used.
Watch out for:
- “Guaranteed results” / “permanent” / “works every time”
- “Best in Sydney” (without robust, verifiable substantiation)
- “Cures”, “fixes”, “eliminates”, “no risks”
A safer pattern: Use measured, factual language. Phrases like “may help”, “for suitable patients”, and “results vary” are your friends. Explain what a treatment is designed to do — not what it will do.
3. Missing risk information (or burying it)
AHPRA is clear that failing to include accurate risk information can mislead the public and set unrealistic expectations.
A quick fix that improves both compliance and conversion: Add a “What to Expect” section on key service pages — covering realistic outcomes, possible risks, aftercare requirements, and suitability criteria. Patients appreciate the transparency, and regulators require it.
4. Promotions and discounts with no terms and conditions
If you run a discount or offer any kind of inducement, the terms and conditions must be stated — expiry dates, eligibility, what’s included, and any other relevant conditions.
The classic trap: “This week only!” posted with nothing else. That’s not enough. The details need to be visible and accessible.
5. Before and after imagery and the “overall impression” test
Even when before and after imagery is technically compliant on its own, the surrounding content can tip it into problem territory. AHPRA focuses on whether the overall impression is misleading or sets unrealistic expectations — not just whether individual elements pass scrutiny in isolation.
Alternative content formats worth exploring:
- Treatment explainer reels
- Clinician Q&A videos
- Myth-busting posts
- “Is this right for me?” decision guides
6. Social media is advertising — full stop
If a post promotes your services, it can be treated as advertising under the National Law. AHPRA updates its guidance regularly to reflect how social platforms actually work.
Common traps include staff reposting clinic content, “liking” or “sharing” patient reviews, or using user-generated content in ways that function as endorsements — even unintentionally.
7. Mentioning therapeutic goods
If your content references therapeutic goods — directly or indirectly — TGA rules can apply. This includes constraints around testimonials and endorsements, and requirements around what information must be included in certain advertising contexts.
If you’re not sure whether something you’re referencing counts as a therapeutic good, it’s worth checking before it goes live.
Want to know where you actually stand?
We can run a complimentary compliance-focused audit of your website and top social posts and send back a prioritised list of what to fix first, so you’re not guessing and leaving growth on the table.