Guidance on super concerns released

16 Oct 2025

Ahpra and the Dental and Medical Boards of Australia have released new guidance for doctors and dentists in response to ongoing concerns of inappropriate conduct when certifying conditions for compassionate release of superannuation (CRS).

New data released today from the Australian Taxation Office (ATO) shows significant growth in applications for the compassionate release of super, with more than 93,500 applications for treatments that include IVF, weight loss and dental procedures. Data shows that the ATO declined 30 per cent of these applications for not meeting the requirements for CRS. 

The Boards’ guidance clearly sets out how existing professional obligations in the codes of conduct for these professions apply when certifying that a treatment is necessary in a patient’s application for CRS. It highlights the need for practitioners with the appropriate experience and knowledge in the area to conduct thorough assessments, gaining patients’ informed consent (including financial) and certifying only treatments that are necessary for the patient’s circumstances. 

‘If you’re certifying a procedure, you should be properly assessing whether this treatment is actually necessary and is not readily available in the public health system,’ said Chair of the Medical Board of Australia, Dr Susan O’Dwyer.

The guidance also includes a warning for practitioners that influencing patients to access their super early without an Australian financial services licence could be considered financial advice and result in severe penalties from the Australian Securities & Investment Commission (ASIC). 

‘These assessments are not tick box exercises,’ said Dr O’Dwyer.

‘As doctors, we need to draw on our medical skills, knowledge and judgement to assess our patients thoroughly and recommend only treatments that are necessary for them,’ she said. 

This guidance follows the Joint Statement by Ahpra and the Dental and Medical boards of Australia released in May 2025. Ahpra and the Boards will continue to work with the ATO to identify any concerns of inappropriate conduct.