Section 133 of the Health Practitioner Regulation National Law (South Australia) Act 2010 prescribes rules for advertising health services and reads:

  1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that -
    1. is false, misleading or deceptive or is likely to be misleading or deceptive; or
    2. offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or
    3. uses testimonials or purported testimonials about the service or business; or
    4. creates an unreasonable expectation of beneficial treatment; or
    5. directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.

Maximum penalty: 

  1. in the case of an individual - $60,000; or
  2. in the case of a body corporate - $ 120,000.
  1. A person does not commit an offence against subsection (1) merely because the person, as part of the person's business, prints or publishes an advertisement for another person.
  2. In proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.
  3. In this section -
    regulated health service means a service provided by, or usually provided by, a health practitioner.

The penalties for contravention have recently been increased and are substantial (as above)

The Medical Board has published Guidelines for Advertising a Regulated Health Service that can be found at: https://www.medicalboard.gov.au/Codes-Guidelines-Policies/Advertising-a-regulated-health-service.aspx.

It has also published specific guidelines for advertising cosmetic surgery: https://www.medicalboard.gov.au/Codes-Guidelines-Policies/Guidelines-for-registered-medical-practitioners-who-advertise-cosmetic-surgery.aspx.

The guidelines are intended to provide guidance to the legislation, but it should be noted that under section 133(3), a Court may have regard to these in considering whether an offence has been committed, so health providers advertising services should be familiar with these guidelines.

This communication provides general information which is current as at the time of production. The information contained in this communication does not constitute advice and should not be relied upon as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Should you wish to discuss any matter raised in this article, or what it means for you, your business or your clients' businesses, please feel free to contact us.

For more information, please contact...

Sandy Donaldson

View Profile →

Related Articles

View All News
November 28, 2023 Payroll Tax and Medical Practices: An Update and Warning to Others
Tax Health & Aged Care Employment, Workplace Relations & Safety
September 15, 2023 Payroll Tax and Medical Practices
Tax Employment, Workplace Relations & Safety Health & Aged Care
September 11, 2023 Advertising Health Services
Corporate & Commercial Health & Aged Care
August 28, 2023 Guidelines: Telehealth Consultations With Patients
Insurance & Risk Management Health & Aged Care
October 14, 2022 Lessons From Theranos
Corporate & Commercial
October 12, 2022 Vendor Safety Nets
Corporate & Commercial
October 06, 2022 Bind Games
Corporate & Commercial
May 11, 2022 Health Sector: Preparing for the End of State-Imposed COVID-19 Vaccination Mandates
Employment, Workplace Relations & Safety Health & Aged Care
May 02, 2022 Privacy Week - Top Tips
Corporate & Commercial Intellectual Property (IP)
March 30, 2022 Domain Names and Cyber Security
Corporate & Commercial Intellectual Property (IP)
March 29, 2022 Are You a Director Who Still Needs to Get Your Director ID?
Corporate & Commercial
March 25, 2022 SA Labor to Apply Criminal Law to Workplaces Under its Industrial Relations Policy
Employment, Workplace Relations & Safety Agribusiness Defence + 7
March 04, 2022 Why We Should Avoid the Use of the Word “Mandate” When Communicating Vaccination Requirements to Workers and the Wider Community
Employment, Workplace Relations & Safety Health & Aged Care Agribusiness + 3
January 14, 2022 Learning to Live With COVID-19 - The Trolley Dilemma in Our Economy
Employment, Workplace Relations & Safety Workers Compensation & Self Insurance Agribusiness + 3
December 09, 2021 Aged Care: Staying Ahead of the Curve
Employment, Workplace Relations & Safety Health & Aged Care
September 20, 2021 Termination of the Naval Group’s Australian Contract: What It Means for Local Subcontractors
Corporate & Commercial Defence
June 30, 2021 When are Directors Liable for Misleading or Deceptive Conduct, Passing off, Trade Mark Infringement or Unconscionable Conduct?
Corporate & Commercial Dispute Resolution & Insolvency Intellectual Property (IP)
January 20, 2021 Terms and Conditions for Sale of Goods/Incoterms® 2020 and Vienna Convention
Corporate & Commercial
December 16, 2020 King Reigns All: High Court Decides Holding Companies May Be Held Accountable for Subsidiary Company Actions
Corporate & Commercial Dispute Resolution & Insolvency
December 16, 2020 Building and Construction Contracts: The Importance of Good Contract Administration
Corporate & Commercial Dispute Resolution & Insolvency Property