Regulations on skin penetration are not uniform from one end of the country to the other. Whether you are in NSW, QLD, VIC, WA, SA, TAS, ACT or the NT, the law is different. It is a matter of due diligence to be clear on your state’s statutes, what the local council expects, and where your infection control responsibilities lie before you put up a shingle.
In practice, there are three items to put in order: determine if your service is considered skin penetration by the book, make sure the premises are properly registered or notified, and have infection control in place that stands up to scrutiny. You will find that tattooing, body piercing and the like are always covered. Some beauty work is as well.
We have put together this guide to cover the basics, the rules that hold true across the board, and the nuances that vary by state. If a new studio is in the works, or you are preparing for an inspection, use this as a starting point and then do your homework with the health department and council to be certain.
How it is defined
The term may be jargon, but the concept is straightforward. Puncture, pierce, cut or enter the skin and you are likely in the realm of public health regulation.
Jurisdictions may phrase it differently, but the reasoning is the same. Where there is any chance of contact with blood or bodily fluids, the regulator is going to be concerned with how you prevent infection, handle your tools, and run your space.
- Body and cosmetic tattooing
- Piercing
- Scarification
- A number of microneedling and electrolysis treatments
- Any service on personal appearance that involves an invasive tool
Be careful with that last one. To a customer it might seem like a standard beauty appointment, but under a Public Health Act it can still be subject to these rules.
The common ground
There is no single national licence for this kind of work in Australia. Every state and territory has its own way of doing things, and in many cases the local government is the one to register and inspect you.
That said, the patterns are familiar. The forms and legal citations will be a different colour in every state, but the systems you put in place for a compliant operation will serve you well.
- Premises to be put on file with the council
- Infection control written down on paper
- Proper standards for cleaning and sterilisation
- Disposal of sharps and clinical waste
- Single-use instruments when called for
- Staff who are trained in prevention
- Records of your sterilisation and any incidents
- And of course, the ability for an environmental health officer to come in and check up on things
| Area | The norm | Point of contact |
| Premises | Get registered or give notice before you open for business | Local council |
| Infection control | Have a plan, logs and rules for your instruments | Onus is on you; inspectors will look |
| Sterilization | A process you can vouch for on reusables | Business side |
| Training | Show your staff know how to be safe | Employer / provider |
| Enforcement | Fines, notices, or worse | Health authority |
The legal details
Here is the breakdown. It is important to know the terms of approval in your state and whether the council has a say.
One word of advice: do not take an interstate operator’s list and apply it to your situation. Even in the same state, one council can have a very different set of expectations for fit-outs and paperwork than the next.
New South Wales
NSW is run by the 2010 Public Health Act and the 2022 Regulation. While NSW Health puts out the guidance, the councils are where you will be held to account.
A “skin penetration permit” in NSW is often a case of getting the right nod from the council for your location and what you do. The language on the application can be specific, so have a good read of it.
- Put the council in the loop first
- Follow the letter of the law on infection control
- Make sure treatment rooms and handwashing are up to snuff
- Be safe with your instruments and disposals
- Have the records to show for it
Queensland
QLD is among the more unambiguous when it comes to higher-risk services. The 2005 Public Health Act is the backbone of it, with the 2018 and 2003 regulations filling in the details on infection control.
The question in Queensland is usually whether the service is classified as higher-risk. For tattooing and piercing, it often is, and you will generally need to be licensed by the local government. If the nature of your service is deemed higher-risk, a local government license will be in order. From there, it is a matter of making sure the premises are up to code, that you are adhering to infection control for reprocessing and cleaning, and that instruments and consumables are put away in a way that precludes any chance of contamination. On top of that, operators need to be up to speed on safe practice.
- Apply for a local government license if your service is classed as higher-risk
- Meet construction and fit-out requirements for the premises
- Follow infection control standards for cleaning and reprocessing
- Store instruments and consumables to prevent contamination
- Ensure operators are trained and competent in safe practice
Victoria
The Public Health and Wellbeing Act 2008 is what Victoria uses to put these activities in check. While Health Victoria puts out some guidance, the onus for registration and inspection typically falls to the local council.
The skin penetration guidelines in the state are down-to-earth. Councils will want to be sure the premises can back up good hygiene, proper handling of tools, and responsible waste disposal before they let a business get off the ground.
- Put the skin penetration premises on the council’s register
- Have handwashing and cleaning stations in place
- Keep clean and soiled items apart
- Rely on sterilization or single-use systems that have been approved
- See to it that treatment rooms and waste controls are in order
Western Australia
Here, the Health Skin Penetration Procedures Regulations 1998 are the rule of the day, with the WA Department of Health and local government providing the rest of the framework. It is a no-nonsense, fairly prescriptive setup.
For the most part, you will be expected to put the local government in the loop before you start. A council may come by to look over the fit-out and how things run.
- Give the local government notice prior to any procedures
- Adhere to the state’s rules on skin penetration
- Have your sterilization and disposal in hand
- Make sure the environment is clean and hand hygiene is available
- Align staff with what public health is saying
South Australia
SA has its own set of public health controls for skin penetration, with SA Health and the local council seeing to enforcement. The way it is done can be a bit different depending on where you are and what you do.
When you are in the market to set up in SA, an early word with the council is worth it. You might find it more efficient to sort out public health, the premises, and any local approvals in one go.
- Look at the SA Health side of things for your particular service
- Get a read on what the council expects before you open
- Put in place the necessary infection control and paperwork
- Sterile or single-use where it is called for
- Be ready for someone to have a look at your storage, rooms and waste
Tasmania
State public health is the law here, with local authorities to enforce it. There will be some hard lines to cross when it comes to sanitation, how you clean your instruments and deal with sharps.
As in any other state, the local council is a good place to start. Before you put pen to paper on a lease or put money into a fit-out, find out what kind of approval is needed for your location.
- Find out if you need to register or just notify
- Handwashing, surface and waste – make sure it is all there
- Put your instrument and sterilization process in writing
- Make sure your people know how to handle an incident
- Have the place in a state for inspection
Australian Capital Territory
ACT Health has the reins on public health in the territory. It is a bit more of a one-stop shop than in some of the bigger states, so a generic interstate list won’t do.
It is best to go to ACT Health and get the word on what is required for your premises and documentation before you put a new service on the books.
- Verify with ACT Health
- Make sure the premises are right for opening
- Hygiene and instrument protocols should be on file
- Sharps and clinical waste have to be put to rest safely
- Staff training needs to be up to date
Northern Territory
The NT Department of Health is where you will find the regulatory direction. If you are in the tattoo or piercing game, you need to be clear on the local side of things before you open for trade.
Things don’t always run like they do on the east coast. A small oversight can become a big one. Stick to the current forms and advice from the NT.
- What are the rules for the procedure in question?
- Are the premises and gear up to standard?
- Infection control and waste need to be systematized
- Operators must be trained in blood-borne virus and safe handling
- Have your records in order for when they come to see them
Cosmetic tattoo compliance
There is a fair amount of muddying of the waters with cosmetic tattooing, as it straddles the line between beauty and the tattoo world. But it is not about the name on the door; it is about the risk of skin penetration and infection.
You won’t find a national licence for this in Australia. The task is to figure out how your state sees the procedure, what you need to do for the premises, and what standards hold for your pigments, aftercare and the like.
Take the case of eyebrow or lip work, eyeliner, or scalp micropigmentation:
- Is it being treated as a tattoo, a skin penetration or something else?
- Does the council need to be made aware of the premises?
- If you are working from home or on the road, what are the conditions?
Keep your infection control training up to date and on file.
You will also want to have a system in place for the paperwork: single-use inventory, sterilization logs, any incidents, and what happens with the client after they leave.
For those looking into cosmetic tattoo licensing in Australia, here is the bottom line: there is no one-size-fits-all national licence. You are looking at a mix of state-level rules and local council sign-off.
Premises registration
The ones who run a tight ship don’t put off calling the council until the week of their opening. They make inquiries before they even start the fit-out. Whether it is called a licence or a form of notice, the end result is the same: you can open on time or you can be put back.
Here is how it generally breaks down by state or territory:
| State or territory | Main approval style | Typical local action |
| NSW | Public health compliance with some council input | A heads-up to the council is required before you go live |
| QLD | Higher-risk services come with a licence | The application is made to the local government |
| VIC | It is a matter of premises registration | Register with the council |
| WA | Follow the state’s procedure and put in a word with the local government | Notify local government |
| SA, TAS, ACT, NT | Depends on the service and where you are | Check in with the health authority and the council |
A good pre-opening checklist will have:
- The right forms from the relevant regulator
- Floor plans or fit-out info if they ask for it
- Handwashing and cleaning stations
- Surfaces that can be properly disinfected
- A plan for sharps
- Details on your sterilisation gear (for any reusables)
- Your written infection control and cleaning protocols
- Evidence of staff being trained
As for fees, they are all over the place and subject to change. Don’t put much stock in what you read on a forum unless it is backed by the council’s own figures.
On the subject of training
While the fine print differs from one part of the country to another, regulators are always after the same thing: proof that your team knows how to work safely. A piece of paper on the wall is not enough.
HLTINF005 is the standard for a reason; it gets into the nitty-gritty of infection prevention. In some cases, you may have to show you have covered first aid, exposure response, or the procedure itself.
- HLTINF005 or something to that effect
- An internal rundown of how things are done in your space
- Training for dealing with a sharps injury or blood exposure
- How to use and log the steriliser
- Records of any refresher courses for your people
An environmental health officer might put an employee on the spot with a few questions about how you store or clean up. If the reply is wishy-washy, it will be noticed.
Infection control
This is where it all comes down to. The regulations can seem like red tape, but the reasoning is plain: you have to prevent cross-contamination and the spread of blood-borne viruses.
Your procedures for anything that penetrates the skin need to be written down and followed, not just something you put together from a template you found online.
- Stick to single-use needles and the like
- If you are reusing an instrument, make sure it is sterilised
- Never let clean and soiled items mix
- Wash up when you should and use the right barriers
- Disinfect the treatment area in between
- Put sterile packs away where they can’t be recontaminated
- Keep your autoclave or other records in order
- Get rid of clinical waste the proper way
Relying on disposables is one thing, but it doesn’t let you off the hook on having discipline. A lapse in bench hygiene, some disorganised storage, or a careless moment with gloves can be all it takes to open the door to a breach.
Inspections and what they mean for you
For the most part, an inspection is not a spectacle. It is a matter of fact. The officer’s job is to make sure your documentation, your space, and the way you work are in order with the law and consistent with one another.
When they are, there is no issue. When they are not, things can get complicated in a hurry, particularly if an infection risk is on the table. They will be looking at:
- Registration, licence, or any notification on file
- How the treatment areas are put together
- Whether handwashing and cleaning products are where they should be
- Sterilisation and maintenance logs
- Where sterile and used instruments are kept
- Sharps and waste disposal
- What your staff know about infection control
The consequences vary from place to place and by how bad the infraction is. A warning or an improvement notice is one thing; a fine, suspension, or even prosecution is another. You can expect serious transgressions to be met with a firm hand.
Where to look
Regulations have a way of shifting. A council form will be revised or a guidance note updated with little notice. Consider this a general guide and then do your due diligence with the relevant authority for your area.
- NSW Health
- Queensland Health
- Health Victoria
- WA Department of Health
- SA Health
- Tasmanian Department of Health
- ACT Health
- Northern Territory Department of Health
- Your local council or LGA environmental health unit
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FAQ
Is a skin penetration permit required in every state?
Not necessarily. Some call it a licence, some want the premises registered, and some just need a formal heads-up from the local council. State and local rules both apply.
Are the rules for piercings and tattoos the same across the board?
In terms of infection control, yes. Legally, however, the paperwork and the path to approval can be different depending on the state and the service. Piercing is usually under the same umbrella, but it is worth a check.
Do I have to register a home-based cosmetic tattoo studio?
Most of the time, or at the very least get it approved. To a public health official, a home is still a premise, and the council may have their own list of requirements for the fit-out and for when they come to inspect.
Is HLTINF005 a hard and fast rule?
There is no single national mandate, but it is the standard for infection control in most eyes and a good measure of competence. Your regulator will have the final say.
Who is in charge of enforcement?
Typically, it is the local council’s environmental health team for the day-to-day. But for anything of a more serious nature, the state or territory health department can and will step in.
