FAQs: Practitioner support

Maurice Blackburn Lawyers is the Australian Physiotherapy Association’s official legal services partner.

APA members can speak with a lawyer free of charge for guidance on issues that affect their patients or practice. In addition, members receive benefits for personal legal issues, including free telephone advice and an obligation-free consultation. Please note, fees apply for advice related to employment law.

Maurice Blackburn can assist on a range of issues from personal injuries, privacy and confidentiality, to wills and estate disputes, to superannuation and insurance claims.

For further information, refer to the Maurice Blackburn tile on the Partner Hub.

APA members can access clinical guides, practice resources and professional tools through PhysioHub, the APA’s member-exclusive platform.

These resources support physiotherapists across areas such as clinical practice, professional standards, privacy and consent, risk management, scope of practice and clinical notes.

Login to PhysioHub using your APA member details and search for the relevant topic or guide.

A physiotherapist may provide documentation relating to a patient’s attendance, sickness or fitness for work where this is appropriate to their scope of practice. Whether a certificate is accepted will depend on the type of certificate required and the requirements of the patient’s employer or relevant authority. For example, if an employer only requires proof of attendance, a physiotherapist may provide a certificate confirming the patient’s appointment.

When issuing a sickness or fitness for work certificate, physiotherapists must comply with Ahpra’s Code of Conduct and ensure any assessment or certification is within their scope of practice.

Workers’ compensation and motor accident authorities in each state and territory may have specific requirements for sickness or fitness for work certificates. Physiotherapists should refer to the relevant authority to confirm their eligibility to issue these certificates.

It is common for employees to move practices or set up their own practice. However, a client’s relationship is with a particular practice, rather than with a particular employee of that practice. Unless provided for in a contract, clients remain a client of a practice unless they choose to move.

It is entirely appropriate for an employee to inform a patient that they will no longer be working at a practice and if asked, to provide further details.

This is a complex matter that may depend on the nature of any employment contract in place and other factors. If you believe an employee is 'poaching' clients, you should seek independent legal advice from a lawyer with expertise in the related field of law.

Premium Principal Members of the APA’s Business group can access the HR in Practice service. This service provides members with free HR and industrial relations advice. Additional services are available for a fee. Contact HR in Practice on 1300 138 954.

You may also consider speaking to Ahpra, or if you are in NSW the Health Care Complaints Commission (HCCC), or if you are in Queensland the Office of the Health Ombudsman (OHO) to discuss whether it is a matter they should investigate.

Generally, yes. A physiotherapist may end a professional relationship that has become ineffective, compromised or otherwise cannot reasonably continue. However, treatment should not be stopped abruptly where this could place the patient at risk.

You should:

• clearly inform the patient of your decision, preferably in writing
• give reasonable notice where practicable
• facilitate appropriate continuing care or provide information about alternative services
• transfer relevant clinical information to the new practitioner with the patient’s consent
• document the decision and the steps taken.

The decision must not be unlawfully discriminatory. Additional care may be required where the patient has urgent or complex needs, is vulnerable, or has limited access to alternative services. If there are safety concerns, immediate cessation may be appropriate, but continuity-of-care issues should still be considered.

See section 4.7 of the Ahpra Shared Code of Conduct. Seek advice from your insurer or an independent legal adviser if the circumstances are complex.

Treating a friend or family member is not automatically prohibited, but it may be inappropriate. A close personal relationship can affect clinical objectivity, informed consent, confidentiality, professional boundaries and continuity of care. Where practicable, referring the person to an independent practitioner will usually reduce these risks.

If you do provide treatment, you must apply the same professional standards that apply to any other patient. This includes:

• undertaking an adequate assessment
• obtaining informed and financial consent
• keeping complete and accurate clinical records
• maintaining privacy and confidentiality
• maintaining appropriate professional boundaries
• ensuring the personal relationship does not affect your clinical judgement
• referring the person to another practitioner if you cannot provide objective or appropriate care.

Particular caution should be exercised where the treatment is ongoing, complex or sensitive, or where other appropriate practitioners are available.

You should also check your professional indemnity insurance and any relevant workplace policy, as cover for treating friends or family members may be restricted or excluded.

See section 4.8 of the Ahpra Shared Code of Conduct for further guidance.

No. Registering a business name with ASIC allows you to trade under that name and generally prevents another business from registering an identical or nearly identical name. It does not give you ownership of the name or exclusive rights to use it.

A registered trade mark may provide exclusive rights to use the name for specified goods or services. You may therefore need both a registered business name and a registered trade mark.

Read more about business names and trade marks on the ASIC website or visit IP Australia to search for or apply for a trade mark.

The APA or its employees cannot offer legal advice. We advise you seek independent legal advice related to employment or contract law.

Premium Principal Members of the APA’s Business group can access our HR in Practice service. This service provides members with free HR and industrial relations advice. Additional services are available for a fee. Contact HR in Practice on 1300 138 954.

You should also refer to the Fair Work Ombudsman for information and advice about your workplace rights and obligations, including award rates.

APA partner Maurice Blackburn Lawyers can review employment contracts as a fee-paying service.

Review your written notice of termination, employment contract, applicable award or enterprise agreement, and final pay. Your entitlements may include notice or payment in lieu of notice, outstanding wages and accrued leave.

Seek advice promptly from your union, an employment lawyer or the Fair Work Ombudsman.

If you believe your dismissal was unfair or unlawful, you may be able to apply to the Fair Work Commission. Most dismissal applications must be lodged within 21 days after the dismissal takes effect. Visit the Fair Work Commission for information about deadlines and applications.

Before terminating employment, review the employee’s contract, any applicable award or enterprise agreement, workplace policies and your obligations under the Fair Work Act.

Employers must ensure the reason for termination is lawful, follow any required process, provide the required notice or payment in lieu, and pay the employee’s outstanding entitlements. Different requirements may apply to performance, misconduct, serious misconduct and redundancy.

Visit the Fair Work Ombudsman’s ending employment guidance before taking action. Small business employers should also review the Small Business Fair Dismissal Code.

APA Premium Principal members can access HR and industrial relations information through HR in Practice. Employers should obtain HR or legal advice before making a termination decision.

No. Physiotherapists should not ask for, accept, offer or give a payment, commission or other benefit in exchange for a referral or recommendation.

Referrals must be based on the patient’s clinical needs and best interests. Any financial interest or other conflict of interest must also be disclosed and appropriately managed.

Refer to the Ahpra Shared Code of Conduct for further guidance. If you are unsure whether a proposed commercial arrangement involves a referral payment, obtain independent legal advice before proceeding.

Importantly, merely disclosing the payment would not necessarily make a referral-fee arrangement acceptable.

Professional boundaries are addressed in the Ahpra Code of Conduct Code of Conduct 4.9 Professional boundaries.

It is never OK to have an intimate relationship with a patient. A clear separation should exist between professional conduct to meet the health needs of patients, and a practitioner’s own personal views, feelings and relationships, which are not relevant to the therapeutic relationship. Find out more about boundary violations and sexual misconduct here.

Depending on your role, you may be required by law or by your employer to hold a Working with Children Check, vulnerable people registration or police check.

Working with children and vulnerable people screening is managed separately by each state and territory. Requirements vary, and a check issued in one jurisdiction may not be accepted in another. A Working with Children Check is also different from a police check.

Check with your employer and the relevant authority before applying:

• Australian Capital Territory – Working with Vulnerable People registration
• New South Wales – Working with Children Check
• Northern Territory – Working with Children Clearance (Ochre Card)
• Queensland – Blue Card
• South Australia – Working with Children Check
• Tasmania – Registration to Work with Vulnerable People
• Victoria – Working with Children Check
• Western Australia – Working with Children Check

For information about obtaining a police check, visit the Australian Criminal Intelligence Commission. A nationally coordinated criminal history check can be obtained through an Australian police agency or an ACIC-accredited organisation.

You may need to engage an interpreter when providing healthcare to a person with limited English proficiency or a person who communicates using Auslan. Interpreters work with spoken or signed language in real time, either in person, by telephone or by video. Translators work with written material.

The Translating and Interpreting Service (TIS National) is provided by the Australian Government Department of Home Affairs. It assists people with limited English proficiency and organisations that need to communicate with them.

TIS National provides:

• immediate telephone interpreting
• the Automated Telephone Interpreting Service (ATIS)
• pre-booked telephone interpreting
• on-site interpreting
• video remote interpreting.

Charges and eligibility depend on the service and the circumstances in which it is used. The Australian Government’s Free Interpreting Service is available to eligible groups.

Privately practising allied health professionals, including physiotherapists, may be eligible for free interpreting where:

• the service is provided through a private practice located in an approved local government area
• the practitioner is suitably qualified in an eligible allied health discipline
• the patient or client is eligible for a Medicare card.

Eligible practitioners must register with TIS National for a client code. Physiotherapists who do not meet the eligibility requirements can still register to use TIS National on a fee-paying basis. Registered NDIS providers may also be able to access government-funded interpreting for NDIS participants.

TIS National does not provide commercial document translation. You can find a NAATI-certified translator or interpreter, including an Auslan interpreter, through the NAATI Online Directory.

The current official information is available from TIS National – allied health professionals, the Department of Health, Disability and Ageing and the NAATI Online Directory.

NDIS participants

People who are receiving services under the NDIS and whose plan identifies a need for interpreting will be funded for those services through their NDIS plan.

Auslan interpreting services

The National Sign Language Program (NSLP) provides free sign language interpreting and captioning for health and medical appointments to people who:

• are Deaf, Deafblind or hard of hearing
• are aged 65 years or older, or 50 years or older for Aboriginal and Torres Strait Islander people
• are not eligible for the National Disability Insurance Scheme
• are attending a health or medical appointment that attracts a Medicare rebate.

The service is funded by the Australian Government and delivered by Deaf Connect. It includes face-to-face and video remote interpreting, as well as live captioning.

Visit Deaf Connect to find out more or book a service.

Auslan users with an NDIS plan may be able to access interpreting support through their plan. Other Auslan interpreting services can be found through the NAATI Online Directory.

Patient information must be treated as confidential. This includes clinical records, images, contact and billing details, conversations and the fact that a person is receiving treatment.

Private health service providers must comply with the Privacy Act 1988 and the Australian Privacy Principles, regardless of business size. State or territory privacy and health-records laws may impose additional requirements.

You should:

• collect only the information reasonably necessary to provide your services
• explain how information will be collected, used and disclosed
• keep records secure and restrict access to people who need the information
• hold consultations and discussions in a private setting
• verify recipients before sending records, referrals or reports
• disclose only the minimum information required
• document consents and any disclosure made without consent.

Patient information may generally be used or disclosed:

• for the purpose for which it was collected
• with the patient’s express or implied consent
• for a directly related purpose the patient would reasonably expect, such as sharing relevant information with a treating team
• where disclosure is required or authorised by law or by a court or tribunal order
• where it is unreasonable or impracticable to obtain consent and disclosure is necessary to lessen or prevent a serious threat to someone’s life, health or safety or to public health or safety
• in other limited circumstances permitted by privacy legislation.

Mandatory disclosure requirements vary between jurisdictions. They may include child-protection reporting and notification of certain communicable diseases.

Do not disclose information merely because it is requested by a family member, employer, insurer, lawyer or police officer. Confirm that the patient has consented or that another lawful basis for disclosure applies.

If you receive a subpoena or other court order, do not ignore it. Seek prompt advice from your insurer or lawyer about its validity, scope and how the records must be provided.

If there is an immediate danger to someone’s safety, call emergency services. Disclose only the information reasonably necessary to address the risk and document your assessment, decision and disclosure.

See the OAIC Guide to Health Privacy and the confidentiality and privacy section of the Ahpra Shared Code of Conduct.

This is general information, not legal advice. Seek advice from your insurer or an independent legal adviser if you are uncertain about a disclosure.

A person conducting a business has specific obligations relating to the provision of first aid at their workplace. They must ensure that an adequate number of workers are trained to administer first aid at the workplace, or that workers have access to an adequate number of other people who have been trained to administer first aid.

Given the risk involved in operating a health practice, APA's recommendation is that all staff should have up to date first aid and CPR training.

The National Law regulates the use of certain titles. Misuse of a protected title is an offence under this law. You risk enforcement action from Ahpra if you use a protected title.

Only registered physiotherapists may use the title ‘physiotherapist’ or ‘physical therapist’. The National Law does not allow the use of the word ‘specialist’ to refer to a registered practitioner, unless they are a ‘specialist’ recognised by the National Law as it is a protected title. The word ‘expert’ is not protected. The Australian Physiotherapy Association (APA) does not believe that using the word ‘expert’ implies the person holds the protected ‘specialist’ title.

By exception, the Physiotherapy Board of Australia (PhysioBA) has permitted the APA and Australian College of Physiotherapists (ACP) to award the titles of Titled Physiotherapist and Specialist Physiotherapist to members who successfully meet the credentialing requirements.

Refer to the ACP member webpage for further information about Titling and Specialisation credential designations.

If an APA member is using an incorrect credential or claiming a credential they have not been awarded, the APA may contact the member to remind them of their obligations. If the issue is not resolved, we recommend notifying Ahpra, the Health Care Complaints Commission (NSW) or Office of the Health Ombudsman (QLD) to determine whether it is a matter requiring further investigation.

(Updated 11 June 2025)

Some physiotherapists work at the cutting edge of physiotherapy practice and therefore need to utilise the collective knowledge of the profession when assessing the safety of their practice. Scope of practice is dynamic, and to reflect this, we use a dynamic approach in describing scope of practice to highlight the opportunities and innovation available for individuals, the profession, and the health system. A regular assessment of your competence, an awareness of the laws, and a regular check of the safeguards are crucial to assessing scope of practice.

Both Ahpra and the APA’s insurer expect physiotherapists to work within their individual scope of practice. This can be defined as the services a physiotherapist is qualified to provide or where they've completed appropriate training. Consequently, individual scope of practice differs from practitioner to practitioner.

All Ahpra registered physiotherapists have an individual responsibility to self-assess their capabilities to provide a particular service; that is, to determine whether the service is within their individual scope of practice. If you are unsure whether a service is within your individual scope of practice, you should consider the following questions:

• Are you competent to undertake the task?
• Would your professional colleagues agree that you are competent?
• Are there appropriate safeguards in place in your work environment and can you confirm the safeguards are operational?
• Is the service within the law?

If you answer no to any of these questions, the service may be outside of your individual scope of practice – you may need to take some time to investigate further.

Members may want to consider utilising the APA scope of practice resources we have developed, such as our position on scope of practice, the self-assessment toolkit, and the case-studies.