ADIA is the peak business organisation representing manufacturers and suppliers of dental products. Our vision is for an industry that empowers oral health professionals to advance the health and wellbeing of all Australians...................... — ADIA Strategic Plan

For Laboratories — Current Regulatory Standards

The regulatory standards for laboratory work (referred to as custom-made medical devices for regulatory purposes) are enforced by the Therapeutic Goods Administration (TGA) pursuant to the provisions of the Therapeutic Goods Act 1989 (Cth). This legislation provides a framework for a risk management approach that allows the Australian community to have timely access to therapeutic goods which are consistently safe, effective, and of high quality.

Custom-made medical devices are defined in the Therapeutic Goods (Medical Devices) Regulations 2002 (Cth), hereafter simply referred to as “the Regulations”, as medical devices that are made specifically in accordance with a request by a health professional (e.g. a dentist) specifying its design characteristics or construction. They are intended to be used only in relation to a particular individual, or by a health professional to meet special needs arising in the course of his or her practice.

It is important to understand that the regulatory standards for dental laboratory products/custom made medical devices are identical if the products are manufactured locally or imported from overseas.

The required design and performance standards —

With respect to custom-made dental appliances, products manufactured by dental laboratories both in Australia and overseas are required to meet conformity assessment procedures regulated by the TGA. These require compliance with the relevant Essential Principles set out in the Regulations. There are six general Essential Principles that apply to all medical devices which are as follows:

Use of a medical device not to compromise health and safety;
Design and construction of medical devices to conform with safety principles;
Medical devices to be suitable for intended purpose;
Long-term safety;
Medical devices not to be adversely affected by transport or storage; and
Benefits of medical devices to outweigh any undesirable effects.

There are a further nine Essential Principles about design and construction that apply to medical devices on a case-by-case basis. These provide minimum chemical, physical, and biological properties in addition to a range of matters not related to custom-made medical devices such as requirements for medical devices connected to or equipped with an energy source.

The Therapeutic Goods Act 1989 (Cth), hereafter simply referred to as “the Act”, defines who is responsible for compliance with the regulatory standards for custom-made medical devices – they are known as the “Sponsor”.

A Sponsor is the person or organisation that imports or supplies medical devices in Australia, or exports medical devices from Australia.

The Sponsor can be the manufacturer (e.g. a dental laboratory), a dentist, dental prosthetist or someone else. For example where an Australian dental laboratory supplies their product directly to dental professionals they will be both a manufacturer and a “Sponsor” under the Regulations. For clarity, in this guidance it is assumed the dental laboratory is the manufacturer.

Dentists and allied oral healthcare professionals can import custom-made medical devices from overseas, but in doing so they become the Sponsor and are subject to the Sponsor's obligations as set out in the legislation.

Revised reporting obligations —

In early 2016 the TGA worked with the Australian Dental Industry Association (ADIA) to improve how dental laboratories and Sponsors/importers of custom-made medical devices can meet their reporting obligations.

A dental laboratory making a custom-made medical device in Australia must give the following information about the device to the TGA:

The manufacturer’s name and business address;
A description of the kinds of medical devices being custom-made by the manufacturer.

The Sponsor of a custom-made medical device that is imported into Australia must give the following information about the device to the TGA:

The manufacturer’s name and business address;
A description of the kinds of medical devices being custom-made by the manufacturer; and
A description of the kinds of medical devices being custom-made by the manufacturer (including the device nomenclature system code for any such devices).

This reporting requirement has always existed, the change introduced in early 2016 required that the dental laboratory or Sponsor/importer, as is appropriate, has two months to provide the TGA with this information.

A simple notification form makes it quick and easy for a dental laboratory or Sponsor/importer to notify the TGA about your custom-made medical device. This easy-to-use online form can be accessed at:

Once the form has been completed you will receive an automated confirmation that you have submitted the information. Only basic information is required to complete the form (as set out above) and it should only take five minutes or so to complete.

The manufacturer or Sponsor/importer will only have to notify the TGA on one (the first) occasion if they are supplying the same kind of medical device. A medical device is taken to be of the same kind as another medical device if they meet all four of the following requirements for Low-risk medical devices (Class I, IIa, and IIb), etc):

Have the same sponsor, and
Have the same manufacturer, and
Have the same GMDN code, and
Have the same medical device classification.

For example, if you are the Sponsor/importer of dental laboratory products that are all captured under the same GMDN code (e.g. 38595: Dental crown, polymer – a device made entirely of polymer-based material with or without fibre reinforcement, and created for a specific patient, that functions as an artificial covering to replace the major part, or the whole part, of the clinical crown of a tooth) and all made by the same manufacturer and all of the same device classification you will only need to notify the TGA once. The 'kind of' rule for High-risk medical devices (Class III and above) has additional and more stringent requirements; namely, that the devices have the same Unique Product Identifier (UPI).

Custom-made medical devices are exempt from inclusion on the Australian Register of Therapeutic Goods (ARTG). This means they do not need to be included on the ARTG to be legally supplied in Australia; however, both the dental laboratory and Sponsor/importer of a custom-made medical device still have obligations to ensure the relevant Essential Principles have been met (to demonstrate the quality, safety, and performance of the medical device) and a conformity assessment procedure has been applied (to generate evidence that the custom-made medical device complies with the Essential Principles).

It is important to note that the manufacturer and Sponsor/importer are also required to report adverse events and comply with any advertising requirements.

The information dental laboratories should keep —

As the manufacturer - the dental laboratory, whether they be based in Australia or overseas, must prepare (and keep up-to-date) a written statement in relation to the custom-made medical device when it is supplied in Australia. This includes:

The name and business address of the manufacturer;
Sufficient information to enable the user to identify the device or, if relevant, the contents of packaging;
A statement to the effect that the device is intended by the manufacturer to be used only in relation to a particular individual or health professional;
The name of the individual in relation to whom the device is intended to be used;
The name and business address of the health professional who provided the specification for the device;
The particular design characteristics or construction of the device as specified by the health professional who provided the specification for the device;
A statement to the effect that the device complies with the applicable provisions of the Essential Principles or, if the device does not comply with all applicable provisions of the Essential Principles, a statement explaining which provisions of the Essential Principles the device does not comply with and the reasons for the non-compliance; and
Information in relation to the design, production, and intended purpose of the device.

As with any regulatory requirements the arrangements associated with custom-made medical devices are subject to change thus you are encouraged to seek independent expert advice concerning your responsibilities.

Member Engagement —

ADIA provides leadership, strategy, advocacy, and support. Our members set our agenda, fund our activities, and directly benefit from the results. With respect to ADIA's efforts to secure a future for Australia's dental laboratories ADIA staff receive advice and guidance from members serving on the ADIA-LIG Laboratory Interest Group.

Further Information —

If you have an interest in ADIA's work to support the Australian dental laboratory sector be sure to keep up to date by following the ADIA Twitter feed @AusDental or follow us on Facebook at Alternatively, you can contact the Association via email at or by telephone on 1300 943 094.


This information is available for your use under a Creative Commons Attribution 3.0 Australia licence, with the exception of the ADIA logo, other images and where otherwise stated.


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