Hairdressers Act 2003 (NSW)

SECTION

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.

3. Hairdressers must be qualified
An individual may not act as a hairdresser in New South Wales if—
   (a) the individual receives a fee, gain or reward for hairdressing 
       services; and
   (b) the individual is not qualified to act as a hairdresser; and
   (c) section 3 applies.

4. When is an individual "qualified to act as a hairdresser"?
(1) An individual is qualified to act as a hairdresser if—
    (a) the individual has been awarded an authorised qualification by a
        registered training organisation; or
    (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 
        hairdresser has acquired the competencies of the recognised trade 
        vocation); or
    (d) the individual 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.
(2) An individual has been awarded an authorised qualification by a registered
    training organisation if—
    (a) the individual holds a Certificate III in Hairdressing and: the
        Certificate III in Hairdressing is nationally endorsed; or
    (b) the individual holds a qualification prescribed by the regulations.

5. Prohibition on unqualified hairdressers does not apply to apprentices, health care professionals or certain others
Section 3 does not apply if—
    (a) the individual is acting as an apprentice hairdresser under the direct 
        control and supervision of qualified hairdresser; or
    (b) the individual is acting as a hairdresser when engaged in their 
        practice as a medical or health care professional; or
    (c) the individual is acting as a hairdresser when providing care for 
        elderly or disabled people; or
    (d) the individual is acting as a hairdresser in accordance with other 
        circumstances as 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)(a) The authorised officer may serve a notice requiring the individual 
         to produce specified documents for inspection or copying at any place
         nominated in the notice.
     (b) The authorised officer may serve a notice requiring the individual to 
         provide the information specified in the notice.
(2) the individual is guilty of an offence under section 7(2) if:
    an authorised officer has served a notice under section 7 and:
    the individual has not complied with the notice and:
    the time for compliance specified in the notice has expired.
    If: the individual is guilty of an offence under section 7(2) then:
    the individual is liable to a penalty of 20 penalty units under section 7
(3) '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.

8. Proceedings 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.

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.

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.