Who this is for
This guide is for anyone using Principle to send promotional emails or SMS messages to patients or prospective patients in Australia.
It covers:
What the Australian Spam Act requires
What “consent” means
What every message you send must include
Practical sending guidelines so you don’t get flagged as spam
This is general guidance, not legal advice. You should always confirm your approach with your legal advisor.
Why this matters
In Australia, the sending of SMS and email promotional marketing messages is regulated by the Spam Act 2003 and the Spam Regulations 2021. The Spam Act was designed to protect people from receiving spam, or “unsolicited commercial electronic messages.” It applies to the sending of commercial electronic messages (CEMs) and governs who you can send to and what your messages need to include.
If you send messages without the right consent or without the required information, the Australian Communications and Media Authority (ACMA) can issue serious penalties.
The 3 things you must do in every promotional campaign
Under the Spam Act, you’re only allowed to send promotional marketing messages if you do all of the following:
Get valid consent
You must have permission to contact the person via that specific channel (email, SMS, etc.).
Identify yourself clearly
The message needs to include who you are (your practice’s legal name and contact details).
Include a working opt-out
Every message must include a clear “unsubscribe” option.
Principle helps support these requirements, but you are responsible for only messaging people you’re allowed to contact.
Consent: what it actually means
You cannot send promotional marketing to someone in Australia “just because you have their details.” Consent has to exist, and you should be able to prove it.
There are two types of consent recognised under the Spam Act:
Express consent
Inferred (implied) consent
The law expects express consent in most cases.
Express consent
Express consent means someone has clearly told you, “Yes, you can send me marketing via this channel.”
That can look like:
A patient ticking “I agree to receive email/SMS offers” on a digital form.
Someone filling out a cosmetic dentistry offer form on your website.
Verbal consent over the phone where you note it in the patient record.
Key points:
Consent to email does not equate to consent to SMS. If someone only agreed to emails, you can’t assume they’re okay with texts too.
Just collecting someone’s phone number or email during booking is not, by itself, marketing consent.
You should record:
How consent was collected (web form, phone, etc.)
What they agreed to receive (email, SMS)
When they agreed (date/time)
Principle keeps a consent trail so you can show when, how, and for what channel permission was given.
Inferred (or “implied”) consent
Inferred consent applies only in narrow situations and is generally a grey area. You should treat it as the exception, not the default.
Inferred consent may exist if:
You have an ongoing, provable relationship with the person (for example, they’re an active patient), and;
The marketing you’re sending is directly related to that relationship.
Example: If someone is in a whitening membership plan and you’re sending them an offer about discounted trays, that may fall under inferred consent.
In short: if you can’t clearly justify inferred consent, get express consent instead. It’s safer and easier to defend.
Message requirements under the Spam Act
For each marketing email or SMS you send to an Australian recipient, the Spam Act requires that you include:
1. Your practice identity
Your legal practice name, or your company name and ABN.
If someone (like a third-party agency) sends on your behalf, the message must still say that it was authorised by your practice.
This identification and business info must remain valid for at least 30 days after the message is sent.
2. Contact details
You must include contact details for your business (or a link to contact details). That might be:
Phone number for the practice
Practice email
Link to a contact page
These contact details also need to remain valid for at least 30 days after you send the message.
3. A working unsubscribe / opt-out
Clear instructions on how to stop future messages.
The opt-out must:
Be easy to understand.
Be free, or no more than standard message costs (e.g. normal SMS rates).
Not force the person to create an account or log in just to unsubscribe.
Not ask for unnecessary extra personal information.
Stay functional for at least 30 days after you send the message.
If someone opts out, you must stop sending within 5 working days.
How Principle helps:
Email and SMS promotional campaigns include an unsubscribe link.
Both communication methods can be replied to to contact the practice.
Unsubscribes are handled automatically.
It’s still your responsibility to make sure these details accurately reflect your business.
Best-practice guidelines
These aren’t strictly required by the Spam Act, but they’ll protect your deliverability and your brand:
Send during reasonable hours
Aim for 9am–8pm local time for the recipient when sending SMS or other direct messages. This reduces complaints and opt-outs.Give value, not noise
Every campaign should feel useful: special offer, last-minute availability, relevant treatment info, recall reminders, etc. If people feel “this is spammy,” they’ll opt out - and that hurts you long term.Watch tone
Avoid “too salesy” phrases, excessive emojis, or shorthand that doesn’t match your patient base. These patterns can look like spam and reduce trust.Don’t blast people constantly
Sending too often drives complaints. Principle can help you apply sending rules to avoid over-messaging the same person across channels.Link back to something real
Wherever possible, include at least one link back to your practice website or booking flow. This reassures recipients that this is coming from a legitimate, known practice.
What happens when someone unsubscribes?
When a person unsubscribes:
You must stop sending marketing to that channel for that person.
This has to happen within 5 working days.
You can’t make it hard or expensive for them to leave.
Principle manages opt-outs at the patient level, so their preferences are automatically respected across future sends. Unsubscribes are also actioned immediately.
Note: “unsubscribe from marketing SMS” does not automatically mean “unsubscribe from essential clinical communications.” Appointment confirmations and clinical reminders are considered transactional/operational rather than marketing, but you should confirm with your advisor what is considered “marketing” vs “healthcare operations” for your practice.
Practical checklist before you hit Send
Before you send a campaign to patients or leads in Australia, confirm:
Do we have documented consent for this campaign?
Does the message clearly say who we are (practice name / ABN)?
Is there a visible, working opt-out in the message?
Is the content directly relevant and respectful?
Are we sending at a reasonable time of day for them?
If you can tick all five, you’re in good shape.
Summary
Australian law says you can’t send marketing without consent, clear sender identity, and an easy opt-out.
Express consent is the gold standard. Get it, store it, keep it.
ACMA can and does issue large fines for non-compliance.
Principle’s Marketing Campaigns feature is built to support these requirements, but you control who you send to.
If you’re unsure whether a specific campaign is allowed, pause and get legal confirmation before sending.