Council approval is required before opening a skin penetration business in a new or empty space, or in premises not previously used for this purpose.

Planning approval may also be required for major renovations. This could mean lodging a Development Application with Council before any work begins.

Service NSW can provide guidance through the approval process and assist with lodging applications. Visit the Service NSW website or stop by a Service NSW Centre for assistance.

When buying or taking over a skin penetration business that is already operating, Council notification is usually all that is required before trading begins. This applies when no major changes to the premises are planned.
 
Before purchasing or signing a lease, it is important to check:

• That the premises is approved to operate as a skin penetration business.

• The approved trading hours.

• Any conditions that may affect the use of the premises.

This information can be found in the property development consent.
 
If major changes are planned — such as full renovations or installing a mechanical exhaust system — Council approval must be obtained before any work begins. Carrying out works without approval can result in fines and a requirement to remove or reverse the unapproved work.
 
To obtain a copy of the development consent, or to check whether planned works require approval, contact Council's Duty Planner.

All skin penetration businesses must notify Council Under the Public Health Act.

All skin penetration premises must:

• Be clean and hygienic at all times.

• Have a waste disposal bin.

• Use sharps containers and sterile disposable needles where needles or sharps are used.

• Have a hand wash basin with warm water, liquid soap, alcohol-based hand sanitiser, and single-use. towels or a hand dryer — the basin must be easy to reach and kept clear at all times.

• Have a separate sink for cleaning equipment.

• Needles that have been used in a skin penetration procedure must never be reused.

• Used needles must be placed directly into a sharps container immediately after use.

• Single-use needles, sharps, and other single-use items must never be reused.

• Reusable items must be sterilised in an autoclave and stored in a clean, sterile location before use.

All reusable equipment that contacts the skin must be sterilised in an autoclave. A trained person must be present during each sterilisation cycle.
 
The following requirements also apply:

• The autoclave must be calibrated (checked) at least once a year.

• Records of each sterilisation cycle must be kept for a minimum of 12 months, including the duration, temperature, pressure, date, and time.

Where an autoclave is not available on the premises, equipment may be taken to a qualified operator who has one. All records must still be kept for a minimum of 12 months.

Where wax is used for hair removal, the used wax and applicator — such as a spatula — must be disposed of immediately after each procedure.
 
Where the wax is not disposed of after each use, a fresh spatula must be used every time it is dipped into the wax.

Premises offering colonic lavage must provide a toilet reserved for clients only — not for use by the general public.

• For a closed system procedure — the toilet must be close to the treatment room.

• For an open system procedure — the toilet must be directly adjacent to the treatment room.

Re-inspections are conducted to verify that a business is complying with public health laws. The business will be notified of the date and time of the re-inspection in advance.

A written warning is issued when a business is not meeting its legal obligations. This is usually followed by a re-inspection to confirm the matter has been resolved.

An Improvement Notice is issued where a business has repeatedly failed to comply, or where an officer has determined there is a risk to public health or safety.
 
The notice specifies what must be rectified and the deadline for compliance. An administration fee applies. A re-inspection will be conducted to confirm the required changes have been made.

A Penalty Notice may be issued for breaches of public health legislation. This is an on-the-spot fine.

A Prohibition Order is issued where a business has failed to comply with an Improvement Notice, or where there is an immediate risk to public health.
 
The order requires the business to cease trading or to stop using specified equipment or processes. An administration fee applies.
 
The business may not resume operations until all identified issues have been rectified and Council has issued a Clearance Certificate. A copy of the Prohibition Order must be prominently displayed near every entrance to the premises.

Businesses that fail to comply with public health legislation may be subject to prosecution.