Allied health practice laws in Australia are foundational for patient safety, professional accountability, and legal compliance. If you are a physiotherapist, psychologist, or dietitian, then these regulatory requirements are mandatory for compliance.
To protect your practice from costly legal errors and ensure responsible practices, you need to have a thorough understanding of the Health Practitioner Regulation National Law and state-based adaptations. You’ll also need to consider the role of AHRPA and National Boards.
In this guide, we’ll walk you through everything from why these laws matter, how they vary by state, and ways to ensure your full compliance. Let’s get started!
Table of Contents
Why allied health practice laws matter
Ahpra (Australian Health Practitioner Regulation Agency) and National Boards are the gatekeepers for regulated allied health professions, enforcing standards and handling complaints.
Allied health practice laws serve several critical functions:
- Protecting patient safety
- Upholding mandatory standards
- Enduring regulatory scrutiny.
These laws ensure that professionals deliver ethical and competent healthcare that’s based on best-practice evidence.
Regulatory frameworks also clarify the boundaries between registered professions (e.g., physiotherapists, psychologists) and self-regulated ones (e.g., dieticians), directly affecting legal obligations and patient safety.
- Registered practitioners must comply with strict oversight and mandatory standards, including registration, regular CPD, and supervision.
- Self-regulated practitioners, though not overseen by Ahrpa, remain accountable under consumer law, privacy legislation, and their association’s code of conduct.
Practitioners who breach legal or professional standards can face serious consequences, including fines, suspension, practice restrictions, or loss of registration.
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Understanding the health practitioner regulation national law
The Health Practitioner Regulation National Law (the National Law) establishes a unified national framework for regulating health practitioners, encompassing many allied health professionals.
While this framework is identical in content, each state and territory legislates its own version of the law. The result is a common scheme but with separate jurisdictional acts. This means practitioners in all regions operate under the same standards but must navigate local legislative nuances.
AHPRA and the National Boards enforce these standards by managing registration, accreditation, complaint resolution, and public safety. Each registered profession has its own National Board responsible for discipline-specific oversight.
State-by-state adoption of the National Law
Each jurisdiction in Australia has its own legislation name that corresponds to the National Law. These will be your key documents depending on where you operate your practice. If you operate in multiple locations, then you’ll need to consider the legal nuances in each one.
Here is a quick summary table to access your relevant legislation:
Importantly, NSW retains its own complaints system operated by the Health Care Complaints Commission (HCCC).
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Regulators of allied health professionals in Australia
Regulation of allied health professionals falls into two main categories:
- Ahpra-regulated professions: These include physiotherapists and psychologists. They must register with the AHPRA and comply with all National Board standards.
- Self-regulated professions: Professional associations oversee dietitians and other practitioners, setting practice standards, maintaining accreditation, and enforcing codes of conduct.
National Boards set and monitor education, CPD, registration, and complaints handling for their professions.
Meanwhile, professional associations for self-regulated occupations manage accreditation, establish professional standards, and conduct disciplinary investigations.
Ahpra-regulated professions list
Below is a table of the professionals regulated by the AHPRA and the national boards responsible for overseeing them.
| Profession | Regulator |
| Physiotherapist | Physiotherapy Board of Australia |
| Psychologist | Psychology Board of Australia |
| Occupational Therapist | Occupational Therapy Board |
| Chiropractor | Chiropractic Board |
| Podiatrist | Podiatry Board |
| Medical Radiation Practitioner | Medical Radiation Practice Board |
| Optometrist | Optometry Board |
| Osteopath | Osteopathy Board |
| Pharmacist | Pharmacy Board |
| Dental Practitioner | Dental Board |
| Chinese Medicine Practitioner | Chinese Medicine Board |
| Paramedic | Paramedicine Board |
The difference: Regulated vs self-regulated allied health
Some allied health professions require mandatory registration. This means they must officially register with a national body like Ahpra to use protected titles like “physiotherapist” or “psychologist.”
This registration process protects the public by ensuring only qualified, vetted professionals can practise under these titles.
On the other hand, self-regulated professions, such as dieticians, operate under the oversight of professional associations rather than AHPRA. While these practitioners may not have mandatory registration, they must still meet the strict requirements set by their professional bodies.
They are also legally obligated to comply with important laws around advertising, privacy, consumer protection, and workplace safety.
No matter if you are a regulated or self-regulated allied health professional, you must follow certain ethical standards. This includes:
- Avoiding misleading claims
- Protecting client confidentiality
- Obtaining informed consent
- Maintaining a safe work environment
These shared obligations uphold quality care and public trust across the allied health sector in Australia.
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The code of conduct for allied health practitioners
Allied health practitioners are bound by a code of conduct that sets out universal obligations. These obligations include:
- Safe, evidence-based practice
- Clear and respectful communication
- Cultural safety and sensitivity
- Protecting privacy and confidentiality
- Managing professional boundaries
- Obtaining informed consent
- Accurate and secure record-keeping
Ahpra publishes a shared Code of Conduct that covers multiple professions. Breaching this code may trigger disciplinary or legal action from Ahpra, National Boards, or professional associations.
What happens if you breach the AHPRA code?
Consequences for violating the code vary by regulatory status. For Ahpra-regulated professionals, sanctions can include:
- Practice conditions or restrictions
- Fines
- Suspension
- Deregistration
Self-regulated practitioners may face disciplinary processes through associations. The result can be:
- Loss of accreditation
- Public warnings
- Consumer litigation
- Regulatory investigations.
Regulatory bodies, either AHPRA or professional associations, treat breaches seriously to protect patient safety and public trust.
Mandatory legal requirements for physiotherapists, psychologists & dieticians
Physiotherapists, psychologists, and dieticians in Australia each face distinct legal requirements and professional standards to ensure safe, ethical, and competent practice.
Both physiotherapists and psychologists must hold registration with Ahpra, fulfilling strict criteria around qualifications, continuing professional development (CPD), supervision, and the use of protected professional titles. They also need to follow detailed advertising regulations and stay within the scope of practice set by their National Boards.
Dieticians, in contrast, are not regulated by Ahpra but typically align with professional association standards and legal obligations. They must also comply with Medicare requirements if offering funded services.
Here’s how obligations compare for these key professions:
| Requirement | Physiotherapist | Psychologist | Dietician |
| Registration | Ahpra required | Ahpra required | Not Ahpra; voluntary association |
| CPD | Mandatory | Mandatory | Required by association, varies |
| Supervision | Set by the National Board | Set by the National Board | Variable, by workplace/association |
| Advertising | Strict Ahpra rules | Strict Ahpra rules | ACCC, association standards |
| Title Protection | “Physiotherapist” legal | “Psychologist” legal | No protected title; standards apply |
| Scope of Practice | Defined by the Board | Defined by the Board | Outlined by association, law |
Scope of practice laws — Staying within legal limits
All allied health professionals in Australia must strictly operate within the scope of practice set by their registration board or professional association.
The scope of practice refers to the specific tasks, responsibilities, and types of care that practitioners are legally authorised to provide, based on their qualifications, experience, and adherence to professional standards.
Breaching these boundaries can result in serious legal and professional consequences. For example:
- A physiotherapist must not make medical diagnoses outside their training
- A psychologist must not conduct complex mental health assessments beyond their endorsement.
Similarly, dieticians need to avoid giving medical advice unrelated to nutrition or working outside the guidelines set by their association and relevant laws.
Practising outside your defined scope risks patient harm and could also lead to the loss of professional indemnity cover and exposure to disciplinary action.
There are also times when making an inter-referral is either required by law or considered best practice. For example, if a case falls outside your expertise or legal authority — such as a physiotherapist recognising psychological trauma, or a dietician identifying a mental health issue — it is both safe and mandatory to refer the client to the appropriate regulated professional.
By clearly understanding and respecting these legal limits, allied health practitioners protect themselves and their clients while maintaining public trust.
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Business compliance for allied health practices
Running an allied health practice involves meeting a variety of essential legal and regulatory obligations. Here’s a clear breakdown of the core business compliance duties every allied health practitioner should be aware of.
1. Register an ABN/ACN and choose the right business structure.
Obtaining an Australian Business Number (ABN) or Australian Company Number (ACN) is a fundamental step when setting up your practice. It enables your business to operate legally, register for GST if applicable, and invoice clients appropriately.
Selecting the proper business structure (sole trader, partnership, or company) influences your tax, liability, and compliance obligations.
Lawpath provides tools and guidance to help you set this up correctly from the start.
2. Maintain professional indemnity and public liability insurance.
Insurance is critical for protecting your practice from claims arising from professional negligence, accidents, or injuries.
- Professional indemnity insurance covers claims related to your clinical services.
- Public liability insurance protects against third-party injury or property damage on your premises.
Make sure to have these in place before you start taking patients.
3. Report any incidents to comply with mandatory regulations.
You have a legal duty to report certain incidents to regulators or National Boards, such as complaints, adverse events, or breaches of professional standards.
Timely and accurate reporting helps uphold patient safety and legal compliance.
4. Adhere to workplace health and safety (WHS) laws.
Your practice must provide a safe environment for both staff and clients, complying with WHS regulations. This includes risk assessments, infection control protocols, and emergency procedures.
You’ll need to implement a WHS policy to protect your staff and ensure compliance.
5. Practice secure and compliant record-keeping.
You must securely maintain all client records in line with Australian privacy laws and health records regulations. This includes controlling access, retention periods, and ensuring confidentiality.
It is essential to have a comprehensive Privacy Policy in place to protect your patients and your practice.
6. Meet Medicare compliance if applicable.
If your practice bills Medicare for eligible services, you must strictly adhere to Medicare guidelines. This includes proper documentation and billing procedures, as well as holding a valid Medicare provider number.
7. Comply with telehealth privacy and consent standards
Delivering services via telehealth requires attention to privacy laws and obtaining informed consent specific to virtual care settings. You must ensure secure communication channels, and clear consent documentation is vital.
Following these guidelines enables allied health practices to operate lawfully and sustainably, while delivering the highest level of care and professionalism to their clients.
Advertising and claims — What you legally can and cannot say
In addition to the above requirements, Ahpra sets strict rules on advertising for regulated professions. It forbids misleading claims, guarantees of outcome, and the use of testimonials. Additionally, the ACCC sets standards for unregulated professions, requiring truthfulness and prohibiting misleading or deceptive conduct.
Examples of illegal claims include:
- Guaranteeing results (“you will be cured”)
- Using client testimonials for regulated professions
- Making unsubstantiated health claims
Dietitians and other unregulated professionals must ensure that their marketing complies with consumer law and association guidelines.
Setting up your practice the right way (legal documents you need)
To ensure legal compliance, allied health practices must have a variety of legal documents in place. Here are some key documents you’ll need to run your practice:
- Client service agreements (clarifying what services will be provided)
- Informed consent forms
- Privacy policies (meeting Australian privacy law requirements)
- Website disclaimers (clarifying scope and limitations)
- Employee/contractor agreements (essential for compliance with workplace law)
- Subcontractor agreements (if sharing premises)
- Lease agreements
- Workplace policies (workplace health and safety, risk, and incident reporting)
Lawpath offers templates and guidance for all these documents, helping practices meet their obligations efficiently.
Common legal risks for allied health practitioners (and how to avoid them)
Running a healthcare practice is a difficult undertaking. There are many risks and errors you can make along the way. Here are some of the most common legal risks and how to mitigate them in your practice.
- Misleading Advertising: Carefully review all advertising and client communications.
- Practising outside scope: Always practise within legal and competency boundaries. Review your national board or professional association regulations with care.
- Mishandling complaints: Have a robust complaints-handling protocol.
- Data breaches or poor privacy compliance: Maintain secure and accurate client records alongside a detailed and effective privacy policy.
- Inadequate documentation: Keep hard and soft copies of all relevant records.
- Incorrect Medicare claims: Check Medicare claims for accuracy before approving and submitting them.
- Dual relationships or boundary issues: Avoid dual relationships with clients that could compromise professionalism.
- Failure to obtain proper client consent: Ensure that your patients understand consent forms and properly document and keep records of all informed consent instances.
FAQs
Who regulates allied health practitioners in Australia?
Most regulated professions (physiotherapists, psychologists) fall under Ahpra and their respective National Boards.
Self-regulated professions are managed through professional associations and are subject to state and Commonwealth consumer law.
What professions does AHPRA regulate?
Ahpra regulates physiotherapists, psychologists, occupational therapists, chiropractors, podiatrists, medical radiation practitioners, optometrists, osteopaths, pharmacists, dental practitioners, Chinese medicine practitioners, and paramedics.
Is dietetics a regulated profession under AHPRA?
No, dieticians are not regulated by AHPRA. They are typically members of professional associations and must comply with consumer, workplace, Medicare, and privacy laws.
What is the Code of Conduct for health practitioners?
The Code sets out universal obligations: safe and evidence-based practice, clear communication, cultural safety, privacy and confidentiality, appropriate boundaries, informed consent, and record-keeping.
What laws apply to running an allied health practice?
Practices must comply with the Health Practitioner Regulation National Law (if applicable), business law, privacy law, workplace health and safety regulations, and professional association standards.
Do allied health practitioners need professional indemnity insurance?
Yes, insurance is mandatory for registered professionals and highly recommended for all practitioners. National Boards and professional associations may enforce special requirements.
What happens if a practitioner breaches professional standards?
Sanctions range from warnings to suspension, deregistration, fines, loss of accreditation, or consumer litigation. Compliance is key to professional and legal protection.
How Lawpath can help
Lawpath takes the complexity out of compliance for allied health practitioners by providing up-to-date business documents, policy templates, and setup guidance. From contracts and consent forms to ongoing support for workplace policies and compliance checklists, Lawpath offers practical tools for maintaining and protecting your practice.
With Lawpath, your business can feel confident about meeting legal obligations, whether starting out or scaling services.
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