In the health and wellness industry, client trust is everything. But even a simple email or SMS can break that trust if it’s sent without proper consent. Under Australia’s Spam Act, sending a marketing message without permission isn’t just frowned upon. It can lead to serious fines. For busy practitioners and business owners, understanding these rules is the first step to staying compliant and keeping your reputation intact.
1. Sending Messages Without Proper Consent
The mistake:
You’ve collected email addresses from event sign-ups, business cards, or past inquiries and decide to add them to your mailing list – without checking if they actually agreed to receive marketing messages.
Why it’s a problem:
The Spam Act requires you to have consent before sending any commercial message. Consent can be express (someone actively ticks a box or says yes) or inferred (there’s an existing relationship where marketing is expected). But “I got their email somewhere” does not count as consent.
How to avoid it:
- Always get express permission before adding someone to your marketing list.
- Use clear opt-in forms online.
- Keep records of when and how consent was given.
Tip: If you need to outline how you collect and use contact details, a Privacy Policy Template (AUS) is a must-have for your website.
2. Forgetting to Identify Yourself Clearly
The mistake:
You send an email or SMS without including your business name, ABN, or contact details — or you hide behind a generic “no-reply” address.
Why it’s a problem:
The Spam Act requires all commercial messages to identify the sender clearly and accurately. If your recipient can’t tell who sent the message, it’s a breach.
How to avoid it:
- Always include your business name and contact information in every email or SMS.
- Make sure your “from” name is recognisable (e.g., “Harmony Wellness Clinic” instead of “admin”).
This is where a Terms of Sale Template (AUS) can help set expectations for client communications.
3. No Functional Unsubscribe Option
The mistake:
Your email doesn’t have an unsubscribe link, or your SMS requires people to reply with complicated instructions to opt out.
Why it’s a problem:
The Spam Act says you must provide a functional unsubscribe facility that works for at least 30 days after sending the message. The opt-out must be simple, free, and processed within five business days.
How to avoid it:
- Use an email marketing platform that automatically includes and maintains unsubscribe links.
- Make sure SMS recipients can reply “STOP” or follow a simple link to opt out.
Want to ensure all your client communications are professional and compliant? Check out the Get Started Template Bundle (AUS).
4. Using Purchased or Scraped Email Lists
The mistake:
You buy a marketing list online or scrape contact details from websites and social media – then send promotional messages to those addresses.
Why it’s a problem:
These contacts have not given you consent to contact them. Using purchased or scraped lists is one of the fastest ways to breach the Spam Act.
How to avoid it:
- Build your own list using ethical, consent-based methods.
- Offer valuable incentives for people to join your mailing list, like free resources or exclusive offers.
If you work with contractors or marketing teams, have a clear Independent Contractor Agreement Template (AUS) to outline responsibilities and compliance obligations.
5. Mixing Factual and Promotional Messages Incorrectly
The mistake:
You send appointment reminders, wellness tips, or important updates – but sneak in promotions or product links without consent.
Why it’s a problem:
Factual messages (e.g., appointment confirmations) are generally exempt from Spam Act rules. But the moment you add marketing content, they become commercial messages and must comply fully.
How to avoid it:
- Keep factual messages strictly informational if you don’t have consent.
- Send separate promotional messages to clients who have opted in.
A Website Terms of Use Template (AUS) can help you clarify how you use client data and communicate with them online.
Pro Tip – Use a Compliant Email Marketing Platform
If you’re looking for an easy way to make sure every campaign you send complies with the Spam Act, we recommend Flodesk — the email marketing platform we use and love. It automatically includes a functional unsubscribe button, keeps your mailing list clean, and makes designing beautiful, on-brand emails simple.
Get 50% off your Flodesk subscription here.
Why Compliance Matters for Health Practitioners
Aside from avoiding penalties, complying with the Spam Act builds trust. Your clients rely on you for professional, ethical care and that includes respecting how and when you contact them.
By following these rules, you protect your business reputation and ensure your marketing works for you, not against you.
Need Help Choosing the Right Legal Template for Your Business?
While there’s no one-size-fits-all Spam Act template, having clear, compliant policies and client agreements can help protect you in other key areas of your business. If you’re unsure which document is right for you, contact us and we’ll guide you to the best fit from our range of lawyer-drafted templates.
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