Offences are breaches of the National Law, committed by registered health practitioners and unregistered individuals.
There are a number of offences created under the National Law, including the following:
More information about each type of offence is available below.
AHPRA and the National Boards take complaints about offences seriously, as they are responsible for making sure that only practitioners who have the skills and qualifications to provide care are registered to practise.
These breaches can put individuals and the community at risk.
If you suspect that an offence has occurred or you have concerns about an offence, complete the form below and submit it along with any additional evidence, if required:
Section 113 of the National Law outlines more details on protected titles and who may carry out the restricted acts. Section 97 of the National Law outlines more details on the use of the title ‘acupuncturist’.
The National Law restricts the use of protected titles. This means that it is unlawful for someone to knowingly or recklessly take or use a title to make someone believe they are registered in one of the health professions listed in the table below, as well as other practices including using a specialist title when the person does not have specialist registration.
Further, it is unlawful for someone to lead someone to believe that another person is registered in a health profession from the list below.
Section 121 of the National Law outlines more details on the restricted acts and who may carry out the restricted acts.
Restricted dental acts include irreversible procedures on the teeth, jaw and associated structures. Under the National Law, restricted dental acts can only be carried out by individuals who are:
Section 122 of the National Law outlines more details on the restricted acts and who may carry out the restricted acts.
Optical appliances are those that are designed to correct, remedy or relieve any refractive abnormality or sight defect, including:
Under the National Law, a restricted prescription of optical appliances can only be carried out by individuals who are:
Section 123 of the National Law outlines more details on the restricted acts and who may carry out the restricted acts.
Manipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s usual physiological range of motion using a high velocity, low amplitude thrust. Under the National Law, a person must not perform manipulation of the cervical spine unless they are:
The National Law defines ‘appropriate health profession’ as:
Section 116 and 118 of the National Law outline more details on holding out and making claims about registration.
Under the National Law, it’s unlawful to knowingly or recklessly claim to be a registered health practitioner. This can include using a title, name, initial, symbol, word or description which could be reasonably understood to indicate that an individual is a health practitioner or qualified to practise in a health profession.
The National Law also states that a person must not claim that another individual is a registered health practitioner. Section 116 of the National Law covers more details of this requirement, including:
Section 118 of the National Law makes it an offence for a person to claim to be a specialist practitioner, if the person is not registered in that recognised specialty. It is also an offence to claim someone else is registered in a particular profession or division or holds specialist registration, when they do not.
Under the National Law, you may not advertise a regulated health service or a business providing a regulated health service in a way that:
National Boards have guidelines which interpret this section of the law for each profession. These are available on each Board’s website in an accessible format. General information about advertising is available on the advertising resources page.
It’s important to note that it is not an offence for a person, as part of their business, to print or publish an advertisement for another person. The National Law also covers other requirements, which you can read about in the FAQ document.