The Spam Act and patient reminders

What the ACMA says the rules are

The Australian Communications and Media Authority (ACMA) publishes guidance on the Spam Act. It says that to send marketing messages you must first have consent from the person who will receive them, even when someone else sends the messages for you, and that it is up to you to prove you have it. It adds:

• Consent. Express consent, such as filling in a form, ticking a box, or agreeing over the phone or face to face, is more reliable than consent inferred from an existing relationship. The ACMA advises keeping a record of express consent, including who gave it, when and how.
• Identification. A message must accurately identify the sender's name or business name and include correct contact details, which must stay correct for at least 30 days after sending.
• Unsubscribe. Every commercial message needs a clear unsubscribe option that is honoured within 5 working days, has no fee, costs no more than the usual cost of using the address (such as a standard text charge), keeps working for at least 30 days, and does not require a login or extra personal information.

Are recall reminders covered?

The ACMA's guidance for the public says a message is spam only if it is commercial, meaning it contains offers, advertisements or promotions, and that messages are generally not spam if they have no advertisements or are appointment or payment reminders. Its business guidance warns that breaches can occur even if a message is mostly factual, including a bill, invoice or other account or service-related message. A recall message invites a patient to book rather than reminding them of a booking, and the ACMA pages cited below do not say which side that falls on. Content matters, so check your wording with your own adviser. RecallQ does not make that call for you: it applies the same opt-out option and sender identification to every recall message it sends.

Health information and direct marketing

The Office of the Australian Information Commissioner (OAIC) says in its guidance for individuals on handling health information: "Health information can’t be used for direct marketing unless you’ve specifically agreed to it. If you agree initially, you can later ask not to receive any further marketing material." Its APP 7 guidelines describe direct marketing as the use or disclosure of personal information to communicate directly with an individual to promote goods and services.

What RecallQ does

From RecallQ's Privacy Policy, Terms and code:

• Consent confirmation at import. To import patients, the person importing must tick a confirmation that the practice holds, or is entitled to rely on, each listed patient's consent to be contacted by SMS and email, and that they must not upload people who have opted out. The import is refused without the tick, and RecallQ keeps a record of it (see Security and data handling).
• Checks before each send. When each message is sent, RecallQ checks opt-out and consent for that channel and skips it if the patient has opted out or has no consent recorded. It re-reads opt-out once more immediately before handing the message to the provider.
• STOP by SMS. Every SMS ends with "Reply STOP to opt out". A whole-message reply such as STOP or UNSUBSCRIBE opts the patient out of further SMS straight away, by a fixed keyword check, never AI. Practice staff can also record an opt-out.
• Unsubscribe by email. Every recall email carries a visible unsubscribe link and a List-Unsubscribe header that mail apps use (one click, or an email to unsubscribe@recallq.com.au). The link opens a page with a single confirm button, with no login or extra details. Emailed requests are read and actioned by a person within 5 business days, as the Privacy Policy states.
• Send window. Recall SMS messages are only sent between 9am and 8pm in the practice's configured Australian time zone and messages scheduled outside it are held until it opens. Most automated replies use a wider 7am to 11pm window; the fixed emergency-safety reply is not held to a window.
• Practice identification. New SMS rules must include the practice-name placeholder, and RecallQ puts the practice name at the front of any recall SMS that lacks it. Each recall email footer shows the practice's name, ABN and physical address, and RecallQ will not send a recall email if those details are missing.

What stays with the practice

This is general information, not legal advice.

RecallQ's Terms make the practice solely responsible for having a lawful basis and any necessary consent to send each message, including under the Spam Act 2003 and the Privacy Act 1988. RecallQ's Terms (clause 9.2) say the service does not provide clinical, legal, or compliance advice. In practice:

• Keep your own record of how and when each patient agreed to be contacted.
• Keep opted-out patients out of your uploads, and record opt-outs given by phone or in person.
• Keep the practice name, ABN and physical address in your settings correct and current.
• Read your message templates before you switch a rule on.

Common questions

Sources

Checked on 30 September 2026.

• ACMA, Avoid sending spam (updated 29 November 2024): https://www.acma.gov.au/avoid-sending-spam
• ACMA, Dealing with spam (updated 29 August 2025): https://www.acma.gov.au/dealing-with-spam
• ACMA, Telemarketing and e-marketing: common issues and mistakes (updated 15 December 2025): https://www.acma.gov.au/telemarketing-and-e-marketing-common-issues-and-mistakes
• OAIC, Handling health information (modified 10 March 2023): https://www.oaic.gov.au/privacy/your-privacy-rights/health-information/handling-health-information
• OAIC, Chapter 7: APP 7 Direct marketing: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-7-app-7-direct-marketing