2003
2003
2018-06-16
act
government
publicgeneral
act.reprint
act-2017-042
allinforce
2003-10-17
2003-10-17
0
2003
none
act-2003-062
3e96e564-79b7-4887-9505-674ed4274a89
1b9877d5-e451-4e5b-b9ff-049d53acfcc7
Does not include amendments
by:
Statute Law
(Miscellaneous Provisions) Act 2018 No 25 (not commenced
— to commence on 29.6.2018)
An Act to prohibit unqualified individuals from
acting as hairdressers; to amend the Shops and
Industries Act 1962; and for other
purposes.
Part 1Preliminary
1Name of
Act
This Act is the Hairdressers Act
2003.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Part 2Hairdressers must be
qualified
3Hairdressers 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.
4When 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 a registered training organisation,
(b)
a determination has been made 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)
a determination has been made 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 qualification
means:
(a)
the set of nationally endorsed standards and
qualifications for recognising and assessing skills known as
“Certificate III in Hairdressing”, or
(b)
if the Certificate III in Hairdressing is no
longer nationally endorsed, the qualifications prescribed by the
regulations.
registered training organisation has
the same meaning as in the National Vocational Education and
Training Regulator Act 2011 of the
Commonwealth.
s 4: Am 2005 No 100,
Sch 3.8 [1] [2]; 2013 No 95, Sch 9.4; 2017 No 22, Sch 2.17 [1] [2]; 2017 No
42, Sch 2.4.
Part 3Miscellaneous
5Prohibition 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.
6Apprenticeship and Traineeship Act 2001
not affected
The operation of the Apprenticeship and Traineeship Act 2001
is not affected by this Act.
7Information 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.
8Proceedings for
offences
(1)
Proceedings for an offence under this Act may be
dealt with summarily before the 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.
s 8: Am 2007 No 94,
Sch 2.
9Regulations
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
s 10: Rep 2005 No 64,
Sch 3.
11Repeal of Hairdressing Regulation
1997
The Hairdressing
Regulation 1997 is repealed.
12Review 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.
Schedule 1
sch 1: Rep 2005 No
64, Sch 3.
Historical
notes
Table of amending
instruments
Hairdressers Act
2003 No 62. Second reading speech made: Legislative
Assembly, 17.10.2003; Legislative Council, 29.10.2003. Assented to 6.11.2003.
Date of commencement, except Sch 1 [1] to the extent that it repeals Div 4 of
Part 6 of the Shops and Industries Act
1962, 1.9.2004, sec 2 and GG No 134 of 13.8.2004, p 6450;
date of commencement of Sch 1 [1] to the extent that it repeals Div 4 of Part
6 of the Shops and Industries Act
1962, 1.4.2004, sec 2 and GG No 63 of 26.3.2004, p 1513.
This Act has been amended as follows:
2005
No
64
Statute Law
(Miscellaneous Provisions) Act 2005. Assented to
1.7.2005.
Date of commencement of Sch 3, assent, sec 2
(1).
No
100
Vocational
Education and Training Act 2005. Assented to
28.11.2005.
Date of commencement, 24.4.2006, sec 2 and GG No 55 of
21.4.2006, p 2337.
2007
No
94
Miscellaneous
Acts (Local Court) Amendment Act 2007. Assented to
13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009
(314) LW 3.7.2009.
2013
No
95
Civil and
Administrative Legislation (Repeal and Amendment) Act
2013. Assented to 20.11.2013.
Date of commencement, 1.1.2014, sec
2.
2017
No
22
Statute Law
(Miscellaneous Provisions) Act 2017. Assented to
1.6.2017.
Date of commencement of Sch 2, 7.7.2017, sec 2
(3).
No
42
Apprenticeship
and Traineeship Amendment Act 2017. Assented to
20.9.2017.
Date of commencement, 1.1.2018, sec 2 and 2017 (699) LW
15.12.2017.
Table of
amendments
Sec
4
Am 2005 No
100, Sch 3.8 [1] [2]; 2013 No 95, Sch 9.4; 2017 No 22, Sch 2.17 [1] [2]; 2017
No 42, Sch 2.4.
Sec
8
Am 2007 No
94, Sch 2.
Sec
10
Rep 2005 No
64, Sch 3.
Sch
1
Rep 2005 No
64, Sch 3.