Hairdressers Act 2003

//
//    Codebase: Hairdressers Act 2003 (NSW)
//    Author/Contributor: Andrew Mowbray
//
//    Hairdressers Act 2003 (NSW)
//    Act 62 of 2003 as at 5 December 2019
//    Commencement: 1 September 2004
//


CONTEXT Hairdressers Act 2003

RULE Section 1 - Name of Act PROVIDES
this Act is the Hairdressers Act 2003

RULE Section 2 - Commencement PROVIDES
this Act commences on a day or days to be appointed by proclamation

RULE Section 3 - Hairdressers must be qualified PROVIDES
the hairdresser may not act as a hairdresser in New South Wales ONLY IF
    the hairdresser receives a fee, gain or reward for hairdressing
    services AND
    the hairdresser is not qualified to act as a hairdresser AND
    section 3 applies
IF the hairdresser may not act as a hairdresser in New South Wales THEN
    the hairdresser is liable to a penalty of 20 penalty units under section 3

RULE Section 4 - When is an individual "qualified to act as a hairdresser"
PROVIDES
SUBRULE Section 4(1)
SUBRULE Section 4(2)

RULE Section 4(1) PROVIDES
the hairdresser is qualified to act as a hairdresser ONLY IF
    section 4(1)(a) applies OR
    section 4(1)(c) applies OR
    section 4(1)(d) applies

RULE Section 4(1)(a) PROVIDES
section 4(1)(a) applies ONLY IF
    the hairdresser has been awarded a hairdressing qualification AND
    the qualification was awarded by a registered training organisation AND
    the qualification is an "authorised qualification" under section 4(2)

RULE Section 4(1)(c) PROVIDES
section 4(1)(c) applies ONLY IF
    a determination has been made under section 37 of the Apprenticeship and 
    Traineeship Act 2001 that the hairdresser is adequately trained to pursue 
    the recognised trade vocation of hairdressing (because the hairdresser has
    acquired the competencies of the recognised trade vocation)

RULE Section 4(1)(d) PROVIDES
section 4(1)(d) applies ONLY IF
    the hairdresser has held, or been taken to have held, a licence under 
    Part 6 (Regulation of the hairdressing trade) of the Shops and Industries 
    Act 1962 AND the licence was limited to carrying out beauty treatment only

RULE Section 4(2) PROVIDES
SUBRULE Section 4(2) "authorised qualification"
SUBRULE Section 4(2) "registered training organisation"

RULE Section 4(2) "authorised qualification" PROVIDES
the qualification is an "authorised qualification" under section 4(2) ONLY IF
    subsection (a) of the definition of "authorised qualification" applies OR
    subsection (b) of the definition of "authorised qualification" applies

RULE Section 4(2) "authorised qualification" (a) PROVIDES
subsection (a) of the definition of "authorised qualification" applies ONLY IF
    the qualification is a Certificate III in Hairdressing AND
    the Certificate III in Hairdressing is nationally endorsed

RULE Section 4(2) "authorised qualification" (b) PROVIDES
subsection (b) of the definition of "authorised qualification" applies ONLY IF
    the qualification is prescribed by the regulations

RULE Section 4(2) "registered training organisation" PROVIDES
"registered training organisation" has the same meaning as in the 
National Vocational Education and Training Regulator Act 2011

RULE Section 5 - Prohibition on unqualified hairdressers does not 
apply to apprentices, health care professionals or certain others PROVIDES
section 3 does not apply ONLY IF
    section 5(a) applies OR
    section 5(b) applies OR
    section 5(c) applies OR
    section 5(d) applies

RULE Section 5(a) PROVIDES
section 5(a) applies ONLY IF
    the hairdresser is an apprentice within the meaning of the Apprenticeship 
    and Traineeship Act 2001 AND
    the hairdresser is acting as an apprentice hairdresser under the direct 
    control and supervision of qualified hairdresser

RULE Section 5(b) PROVIDES
section 5(b) applies ONLY IF
    the hairdresser is a legally qualified medical practitioner, nurse,
    physiotherapist or other health care professional AND
    the hairdresser is acting as a hairdresser when engaged in their 
    practice as a medical or health care professional

RULE Section 5(c) PROVIDES
section 5(c) applies ONLY IF
    the hairdresser is acting as a hairdresser when providing care for elderly 
    or disabled people

RULE Section 5(d) PROVIDES
section 5(d) applies ONLY IF
    the hairdresser is acting as a hairdresser in accordance with other 
    circumstances as prescribed by the regulations

RULE Section 6 - Apprenticeship and Traineeship Act 2001 not affected 
PROVIDES
the operation of the Apprenticeship and Traineeship Act 2001 is not affected by this Act

RULE Section 7 - Information and documents may be required PROVIDES
SUBRULE Section 7(1)
SUBRULE Section 7(2)

RULE Section 7(1) PROVIDES
IF an authorised officer has reason to believe that the hairdresser is acting 
as a hairdresser THEN
    section 7(1)(a) applies AND
    section 7(1)(b) applies

RULE Section 7(1)(a) PROVIDES
IF section 7(1)(a) applies THEN
    the authorised officer may serve a notice requiring the hairdresser to 
    produce specified documents for inspection or copying at any place 
    nominated in the notice

RULE Section 7(1)(b) PROVIDES
section 7(1)(b) applies ONLY IF
    the authorised officer may serve a notice requiring the hairdresser to 
    provide the information specified in the notice

RULE Section 7(2) PROVIDES
the hairdresser is guilty of an offence under section 7(2) ONLY IF
    an authorised officer has served a notice under section 7 AND
    the hairdresser has not complied with the notice AND
    the time for compliance specified in the notice has expired
IF the hairdresser is guilty of an offence under section 7(2) THEN
    the hairdresser is liable to a penalty of 20 penalty units under section 7

RULE Section 7(3) PROVIDES
"authorised officer" means an investigator appointed under section 18 of the 
Fair Trading Act 1987 or an officer of a Government Department who is 
authorised by the Minister for the purposes of this section

RULE Section 8 - Proceedings for offences PROVIDES
SUBRULE Section 8(1)
SUBRULE Section 8(2)

RULE Section 8(1) PROVIDES
proceedings for an offence under this Act may be dealt with summarily before 
the Local Court

RULE Section 8(2) PROVIDES
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

RULE Section 9 - Regulations PROVIDES
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

// Section 10 is Repealed

RULE Section 11 - Repeal of Hairdressing Regulation 1997 PROVIDES
the Hairdressing Regulation 1997 is repealed

RULE Section 12 - Review of Act PROVIDES
SUBRULE Section 12(1)
SUBRULE Section 12(2)
SUBRULE Section 12(3)

RULE Section 12(1) PROVIDES
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

RULE Section 12(2) PROVIDES
the review is to be undertaken as soon as possible after the period of 5 
years from the date of assent to this Act

RULE Section 12(3) PROVIDES
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 Repealed


//
//    Mechanical and Common-sense rules 
//

PERSON the hairdresser

RULE Hairdressing Regulation 1997 Repealed by section 11 PROVIDES
the qualification is not prescribed by the regulations AND
the hairdresser is not acting as a hairdresser in accordance with other
circumstances as prescribed by the regulations AND
the Certificate III in Hairdressing is nationally endorsed

GOAL RULE Hairdressers Act 2003 PROVIDES
IF the hairdresser may not act as a hairdresser in New South Wales THEN BEGIN
    the hairdresser is liable to a penalty of 20 penalty units under section 3
    IF the hairdresser is guilty of an offence under section 7(2) THEN
       the hairdresser is liable to a penalty of 20 penalty units under 
       section 7
END

DEFAULT ACT Hairdressers Act 2003
LINK authorised officer TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s7.html#authorised_officer
LINK authorised qualification TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#authorised_qualification
LINK qualified to act as a hairdresser TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#qualified_to_act_as_a_hairdresser
LINK registered training organisation TO http://www.austlii.edu.au/au/legis/nsw/consol_act/ha2003152/s4.html#registered_training_organisation