Hairdressers Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to prohibit unqualified people from acting as
hairdressers.

At present, Part 6 of the Shops and Industries Act 1962 requires hairdressers to
be licensed and prevents people from employing or engaging unlicensed
hairdressers. The scheme under Part 6 also provides that only the TAFE
Commission can run hairdressing courses.

This Bill removes the licensing system and the prohibition on employing or
engaging unlicensed hairdressers and allows other trainers to provide training in
hairdressing. However, the Bill continues to prevent unqualified people from
hairdressing by specifying the qualifications required to act as a hairdresser for
fee, gain or reward.

This Bill arises as a result of the departmental review of Part 6 of the Shops and
Industries Act 1962, conducted in the context of a National Competition Policy
review.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Part 2 Hairdressers must be qualified
Clause 3 prohibits an unqualified individual from acting as a hairdresser for fee,
gain or reward.

Clause 4 explains that an individual is qualified to act as a hairdresser if the
individual has the qualifications required by the proposed section. An individual
who has what is known as a Certificate III in Hairdressing is qualified to act as
a hairdresser. That certificate forms part of the National Hairdressing Training
Package developed by the National Wholesale, Retail and Personal Services
Industry Training Council, endorsed by the National Training Quality Council
(established by the Australian National Training Authority) and placed on the
National Training Information Service. In addition, an individual who held a
licence under Part 6 of the Shops and Industries Act 1962 is taken to be qualified
under the proposed Act, as are hairdressers from interstate or overseas who have
their qualifications recognised.

Part 3 Miscellaneous
Clause 5 provides that the proposed prohibition on an unqualified individual
acting as a hairdresser does not apply to apprentices, health care professionals
and certain other individuals.

Clause 6 makes it clear that nothing in the proposed Act affects the
Apprenticeship and Traineeship Act 2001.

Clause 7 provides for the service of a notice on an individual suspected of acting
as a hairdresser without qualifications. Such a notice would require the
individual to give information or provide documents regarding his or her
qualifications.

Clause 8 provides for proceedings for offences under the proposed Act to be
dealt with summarily before a Local Court and that proceedings for offences
may be instituted only by the Minister or a person authorised by the Minister.

Clause 9 empowers the Governor to make regulations under the proposed Act.

Clause 10 is a formal provision that gives effect to the amendments to the Shops
and Industries Act 1962 set out in Schedule 1. Those amendments remove the
licensing requirements under that Act, the requirement that only the TAFE
Commission can run hairdressing courses and references to those requirements
elsewhere in that Act.

Clause 11 repeals the Hairdressing Regulation 1997 as a consequence of the
repeal of the licensing requirements under the Shops and Industries Act 1962.

Clause 12 provides for the review of the proposed Act.

Schedule 1 Amendment of Shops and Industries Act
1962
Schedule 1 amends the Shops and Industries Act 1962 to remove the licensing
requirements under that Act, the requirement that only the TAFE Commission
can run hairdressing courses and references to those requirements elsewhere in
that Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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