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Tough new regulations on administering cosmetic injections, such as Botox, have come into force following several women being hospitalised with life-threatening conditions after receiving botched treatments.
Black market for Botox and cosmetic treatments
In March 2025, a Sydney non-registered practitioner who had administered fake Botox injections to the hospitalised women was banned from performing cosmetic procedures. (Please see Ms Norsafiza Binti Zakaria - Non-registered practitioner - Cosmetic Injectables, Health Care Complaints Commission, 26 March 2025.)
Cosmetic treatment is a four billion dollar industry and growing fast, with botulinum toxin (Botox), more popular than ever to fill out facial wrinkles.
There are reports of a thriving black market of such medicines, which by law can only be obtained by an authorised practitioner and administered by registered nurses or doctors.
Unregistered operators using fake Botox have sought to cash in, leading to patients becoming seriously ill with botulism and blood-borne viruses.
AHPRA rules for Botox and other cometic procedures
Rules released by the Australian Health Practitioner Regulation Agency (AHPRA) in 2021 mandate education and training before healthcare practitioners can perform cosmetic procedures like Botox and filler injections. (Please see New laws that apply to administering cosmetic medicines, NSW Health.)
Nurses wanting to work with injectables must now complete 12 months full-time practice before expanding their scope to include non-surgical cosmetic procedures. (Please see Guidelines for registered health practitioners who perform non-surgical cosmetic procedures, AHPRA, 2 September 2025.)
Botox can now only be prescribed after a consultation, and registered health practitioners must assess a patient's physical and psychological suitability for cosmetic treatment.
Both written and informed consent must be obtained using clear plain language, and clinics must ensure continuity of care.
Advertisements for cosmetic treatments now require details of the registered practitioner performing the procedure. Testimonials from social media influencers are banned, as are ads targeting minors.
Penalties for breaching the new AHPRA regulations
Breaching the new regulations can result in a maximum penalty of $5,500 to $22,000 and/or imprisonment for six months for an individual, and between $27,500 and $110,000 for a body corporate.
People choose to have cosmetic injections or plastic surgery expecting the result to improve their appearance and boost their confidence.
But if the cosmetic procedure goes wrong, leaving you with disfigurement, scarring or lasting infections, the consequences can be devastating for you and impact your working life.
It can mean psychological trauma, loss of confidence, lost income and more surgeries to try to correct the errors, involving significant medical expenses.
The regulations emphasise putting patient welfare above commercial interests and require disclosure of any financial interests that could influence advice.
If a clinic has failed to abide by any of the new regulations, it could be open to legal action for compensation for negligent treatments.
Cosmetic surgery compensation claims
If you are a victim of cosmetic surgery or injections that go wrong, it would be wise to consult a lawyer experienced in medical negligence cases to pursue the compensation you deserve and for assistance in obtaining corrective treatments.
It is a complex area of law and each case is unique. Legal claims for compensation require proof that the outcome resulted from a negligent technique, preventable errors, failure in duty of care, or failure to provide adequate information about risks and realistic outcomes. (Please see Cosmetic surgery compensation claims.)
A legal team experienced in pursuing medical negligence claims knows how to investigate and find the evidence needed to obtain the proper compensation for victims of cosmetic treatments that go wrong.
Justin Stack
Medical negligence
Stacks Law Firm
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
