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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Hairdressers Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
Part 2 Hairdressers must be qualified
3 Hairdressers must be qualified 3
4 When is an individual "qualified to act as a hairdresser"? 3
Part 3 Miscellaneous
5 Prohibition on unqualified hairdressers does not apply to
apprentices, health care professionals or certain others 5
6 Apprenticeship and Traineeship Act 2001 not affected 5
7 Information and documents may be required 5
8 Proceedings for offences 6
9 Regulations 6
Hairdressers Bill 2003
Contents
Page
10 Amendment of Shops and Industries Act 1962 No 43 6
11 Repeal of Hairdressing Regulation 1997 6
12 Review of Act 6
Schedule 1 Amendment of Shops and Industries
Act 1962 7
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Hairdressers Bill 2003
Act No , 2003
An Act to prohibit unqualified individuals from acting as hairdressers; to amend
the Shops and Industries Act 1962; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Hairdressers Bill 2003
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Hairdressers Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
Page 2
Hairdressers Bill 2003 Clause 3
Hairdressers must be qualified Part 2
Part 2 Hairdressers must be qualified
3 Hairdressers must be qualified
An individual must not act as a hairdresser for fee, gain or reward
unless the individual is qualified to act as a hairdresser.
Maximum penalty: 20 penalty units.
4 When is an individual "qualified to act as a hairdresser"?
(1) For the purposes of this Act, an individual is qualified to act as a
hairdresser if any one or more of the following applies to the
individual:
(a) the individual has been awarded an authorised qualification
by an authorised provider,
(b) the Vocational Training Tribunal has determined under
section 36 of the Apprenticeship and Traineeship Act 2001
that the individual is adequately trained to pursue the
recognised trade vocation of hairdressing (because the
individual has qualifications obtained elsewhere than in New
South Wales),
(c) the Vocational Training Tribunal has determined under
section 37 of the Apprenticeship and Traineeship Act 2001
that the individual is adequately trained to pursue the
recognised trade vocation of hairdressing (because the
individual has acquired the competencies of the recognised
trade vocation),
(d) the individual has at any time held, or been taken to have held,
a licence under Part 6 (Regulation of the hairdressing trade)
of the Shops and Industries Act 1962, other than a licence
limited to carrying out beauty treatment only.
(2) In this section:
authorised provider means an education or training provider that is:
(a) registered under the Vocational Education and Training
Accreditation Act 1990, or
(b) licensed, registered or otherwise approved under an Act of
another State or Territory to conduct vocational courses,
in relation to an authorised qualification.
Page 3
Clause 4 Hairdressers Bill 2003
Part 2 Hairdressers must be qualified
authorised qualification means:
(a) the set of nationally endorsed standards and qualifications for
recognising and assessing skills known as "(WRH30100)
Certificate III in Hairdressing", or
(b) if the Certificate III in Hairdressing is no longer nationally
endorsed, the qualifications prescribed by the regulations.
Page 4
Hairdressers Bill 2003 Clause 5
Miscellaneous Part 3
Part 3 Miscellaneous
5 Prohibition on unqualified hairdressers does not apply to
apprentices, health care professionals or certain others
Section 3 does not apply to:
(a) an apprentice (within the meaning of the Apprenticeship and
Traineeship Act 2001) who acts as a hairdresser when under
the direct control and supervision of an individual who is
qualified to act as a hairdresser, or
(b) any individual who acts as a hairdresser when engaged in the
practice of his or her profession as a legally qualified medical
practitioner, nurse or physiotherapist or other health care
professional, or
(c) any individual who acts as a hairdresser when providing care
for elderly or disabled people, or
(d) any individual who acts as a hairdresser in such other
circumstances as may be prescribed by the regulations.
6 Apprenticeship and Traineeship Act 2001 not affected
The operation of the Apprenticeship and Traineeship Act 2001 is not
affected by this Act.
7 Information and documents may be required
(1) If an authorised officer has reason to believe that an individual is
acting as a hairdresser but is not qualified to do so, the authorised
officer may serve on that individual a notice requiring the individual
to do either or both of the following for the purpose of determining
whether the individual is in fact qualified:
(a) to produce specified documents for inspection or copying at
any place nominated in the notice,
(b) to provide the information specified in the notice.
(2) An individual who, without reasonable excuse, fails to comply with
a notice served on the individual under this section within the time
specified in the notice is guilty of an offence.
Maximum penalty: 20 penalty units.
(3) In this section, authorised officer means an officer of a Government
Department who is authorised by the Minister for the purposes of
this section.
Page 5
Clause 8 Hairdressers Bill 2003
Part 3 Miscellaneous
8 Proceedings for offences
(1) Proceedings for an offence under this Act may be dealt with
summarily before a Local Court.
(2) Proceedings for an offence under this Act may be instituted only by
the Minister or by a person duly authorised by the Minister in that
behalf, either generally or in a particular case.
9 Regulations
The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
10 Amendment of Shops and Industries Act 1962 No 43
The Shops and Industries Act 1962 is amended as set out in
Schedule 1.
11 Repeal of Hairdressing Regulation 1997
The Hairdressing Regulation 1997 is repealed.
12 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
Page 6
Hairdressers Bill 2003
Amendment of Shops and Industries Act 1962 Schedule 1
Schedule 1 Amendment of Shops and Industries
Act 1962
(Section 10)
[1] Part 6 Regulation of the hairdressing trade
Omit the Part.
[2] Section 144 Regulations
Omit ", permits and licences" from section 144 (1) (c).
[3] Section 145 Proceedings
Omit "Part 4 or 6 or the regulations under those Parts" from section
145 (1) (a2).
Insert instead "Part 4 or the regulations under that Part".
[4] Section 148 Evidentiary provisions
Omit ", permit or licence" wherever occurring in section 148 (1) (a)
and (b).
[5] Section 148 (1) (a)
Omit ", boiler, or pressure vessel,".
[6] Section 148 (1) (a)
Omit "or permit" wherever occurring.
[7] Section 148 (1) (b)
Omit ", boiler, or pressure vessel".
[8] Section 148 (1)
Omit ", permits, or licences".
[9] Section 148 (1)
Omit "permit, licence,".
[10] Section 151 Penalty for forging certificates and false declaration
Omit ", permit, or licence" wherever occurring.
Page 7
Hairdressers Bill 2003
Schedule 1 Amendment of Shops and Industries Act 1962
[11] Section 151
Omit "in any application for a hairdresser's licence or".
[12] Section 152 Penalty for destroying notices etc
Omit ", permit, licence".
[13] Section 152A Performance of Director-General's functions
Omit "Part 2, 4 or 6" from section 152A (1).
Insert instead "Part 2 or 4".
Page 8
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