Do unregistered health practitioners have to follow advertising regulations in Australia?
CompliGUARD reviews this compliance area against TGA · AHPRA · FSANZ · ACCC frameworks for Australian health brands — here's what the regulations say.
Yes. Naturopaths, herbalists, nutritionists, and other unregistered health practitioners are already subject to three separate layers of advertising regulation in Australia — regardless of whether they are registered with AHPRA or any statutory body.
The rule: Australian Consumer Law, National Code of Conduct, and professional association guidelines, ACL s.18; National Code of Conduct for Health Care Workers; NHAA Advertising Guidelines
Being unregistered does not mean unregulated. Three overlapping frameworks govern how unregistered health practitioners can advertise their services and the products they recommend. Layer 1: the Australian Consumer Law (s.18, enforced by the ACCC) prohibits misleading or deceptive conduct in trade or commerce. This applies to every person and business in Australia — registered or not. Any advertising claim that creates a false impression about the nature, efficacy, or outcomes of your services or the therapeutic goods you recommend is a potential breach. There is no exemption for health practitioners who are not registered under the Health Practitioner Regulation National Law. Layer 2: most states and territories have enacted a National Code of Conduct for Health Care Workers (or equivalent) that governs unregistered health practitioners. The Code includes advertising provisions — specifically prohibiting false, misleading, or deceptive representations about qualifications, experience, or the outcomes of services. The ACT, NSW, Queensland, South Australia, Victoria, and Western Australia all operate under this or an equivalent framework; the Northern Territory and Tasmania are in the process of adopting their own versions. Layer 3: membership of a professional association — such as the NHAA, ANTA, or ATMS — brings enforceable advertising standards set by that association. The NHAA advertising guidelines include restrictions substantially similar to AHPRA's: prohibitions on testimonials that imply guaranteed outcomes, restrictions on before-and-after content, and requirements that claims be evidence-based. These are conditions of membership and professional standing.
What this means in practice
- If you advertise your services as a naturopath, herbalist, or nutritionist, Australian Consumer Law applies to every claim — whether the advertisement appears on Instagram, your website, a printed flyer, or a podcast.
- If you recommend, promote, or describe a therapeutic good — including a supplement, herbal medicine, or ARTG-listed product — the TGA Advertising Code 2021 also applies to that content, in addition to the ACL.
- If your professional association membership is NHAA or equivalent, your advertising must meet their published guidelines. Breaches can result in membership suspension or removal.
- "I'm not AHPRA registered" is not a defence against an ACCC complaint or a Code of Conduct investigation.
Common mistakes
Assuming advertising restrictions only apply to registered professionals
The ACCC enforces Australian Consumer Law against anyone making misleading representations to consumers, including naturopaths, nutritionists, coaches, and wellness practitioners. Enforcement actions do not require AHPRA registration status to be triggered.
Treat every piece of advertising as subject to the ACL regardless of your registration status — and apply the same standard of substantiation a registered practitioner would.
Sharing testimonials that include outcome claims
A client saying "I finally healed my gut issues thanks to [practitioner name]" in a testimonial creates an implied therapeutic outcome claim. Under the ACL this is a potential breach. Under most professional association guidelines it is explicitly prohibited. The practitioner who publishes it is responsible — not the client who wrote it.
Screen every testimonial before publishing for implied health outcome claims. Statements of satisfaction are lower risk; statements about conditions treated or results achieved are not.
Not checking whether a product recommendation triggers TGA rules
When a naturopath recommends a specific supplement in a social post, a newsletter, or a blog, they may be creating an advertisement for a therapeutic good under the TGA Advertising Code. The TGA looks at whether content is "likely to influence" a person to use a particular product — not just whether the post is formally labelled as an advertisement.
Before publishing any content that names or recommends a specific therapeutic good, assess it against the TGA Advertising Code 2021 — including testimonial prohibitions and claim-to-indication matching.
Compliant vs non-compliant example
❌ NON-COMPLIANT
Assuming advertising restrictions only apply to registered professionals
✅ COMPLIANT
Treat every piece of advertising as subject to the ACL regardless of your registration status — and apply the same standard of substantiation a registered practitioner would.
The enforcement context
AHPRA assessed 775 advertising complaints in 2024/25 — up 104 per cent in two years. While these figures relate to AHPRA-registered practitioners, the ACCC actively investigates misleading health claims against unregistered practitioners. There is no registration threshold that creates a safe harbour. The regulatory pressure on health marketing in Australia is increasing, not decreasing. The NHAA's own webinar (September 2026) confirmed that advertising restrictions for association members are already substantial, and that the profession sits within an existing regulatory framework across three layers. If a formal registration pathway is introduced for naturopathy and Western herbal medicine, advertising compliance obligations will tighten further — but the foundation of those obligations exists today.
Before you publish, check it.
CompliGUARD reviews advertising content from naturopaths, nutritionists, and allied health practitioners against TGA · AHPRA · FSANZ · ACCC automatically — returning a clause-specific risk assessment and rewrite suggestions before the post goes live.
Start free reviewRelated questions
Regulatory references
- Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2), s.18
- Therapeutic Goods Advertising Code 2021, ss.4, 18
- National Code of Conduct for Health Care Workers (state/territory equivalents)
- AHPRA Advertising Guidelines, December 2020, ss.3, 4
- NHAA Advertising Guidelines (current edition)
CompliGUARD provides compliance insights based on TGA, FSANZ, ACCC and AHPRA guidance as current at the time of review. The Therapeutic Goods Advertising Code is currently under formal review by the TGA (2025–26). CompliGUARD assessments reflect the current Code; guidance may be subject to change. This content does not constitute legal advice.