It is now an offence to perform cosmetic surgical procedures in an unlicensed private health facility.

The Private Health Facilities Act 2007 has been amended to make it an offence to perform cosmetic services or treatments in an unlicensed private health facility.

This amendment, which introduced a new s33A into the Act, followed a recommendation in the Report on the Review of the Regulation of Cosmetic Procedures.

According to the “second reading speech” for the bill, the new offence was intended to “ensure that the practitioners performing cosmetic surgery are responsible for checking that the facility they are operating in is licensed, as well as safely performing the procedure”.

From 17 September 2018, cosmetic surgery will be prescribed in the regulation as a class of services or treatments for the purpose of the new offence in s33A of the Act.

It will therefore be an offence, attracting a maximum penalty of up to $55,000, to perform cosmetic surgery in an unlicensed private health facility. As such, there will be an onus on persons performing cosmetic surgery to check that the facility they are operating in is licensed as required under the Act.

This can be done by searching the list of currently licensed private health facilities on the NSW Health website (see www.health.nsw.gov.au).

The regulation also requires licensed private health facilities to display a copy of their licence in the entrance foyer.

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