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Public Health and Wellbeing Amendment (Hairdressing Registration) Bill 2015

    Public Health and Wellbeing
Amendment (Hairdressing Registration)
             Bill 2015

                        Introduction Print


              EXPLANATORY MEMORANDUM


                               Clause Notes
Clause 1   sets out the purpose of the Bill.
           The purpose of the Bill is to amend the Public Health and
           Wellbeing Act 2008 (the Principal Act) to provide for the
           registration, on an ongoing rather than periodic basis, of premises
           in which certain businesses are conducted.

Clause 2   is the commencement provision.
           All clauses of the Bill come into operation on 1 March 2016.

Clause 3   amends certain definitions in section 3(1) the Principal Act.
           Clause 3(a) amends the definition of beauty therapy by removing
           paragraph (b) in that definition, which refers to the application of
           cosmetics. Read with the rest of the definition, this reference to
           "application of cosmetics" means only the application of
           temporary or removable cosmetics that does not involve skin
           piercing or tattooing. An example of the application of these
           temporary cosmetics is make-up for weddings and other special
           occasions. As this type of service poses a lower risk than other
           services that fall within the definition of beauty therapy (such as
           manicure, pedicure or epilation), premises where only application
           of temporary cosmetics is offered as a service will be eligible for
           ongoing, rather than periodic, registration. Accordingly,
           "application of cosmetics" will be removed from the definition of
           beauty therapy.



581021                                1        BILL LA INTRODUCTION 24/2/2015

 


 

Clause 3(b) amends the definition of registered premises by adding in a reference to new section 69A. By referring to both section 69 and 69A, the definition will reflect the two-tiered registration system, with section 69 providing for periodic registrations for all types of business (including those that provide higher risk services) and section 69A providing for ongoing registrations for businesses that only provide lower risk services. Clause 4 amends section 67 of the Principal Act. Section 67 falls within Division 2 of Part 6 of the Principal Act and requires proprietors of prescribed accommodation to register that accommodation with the Council in whose municipal district the prescribed accommodation is located. Clause 4 amends section 67 to make it clear that proprietors of prescribed accommodation must register that accommodation on a periodic basis. This will make the language used in Division 2 of Part 6 consistent with the language used in Division 3 of Part 6, as amended by this Bill. Clause 5 amends section 68 of the Principal Act. Section 68 sets out the scope of Division 3 of Part 6 of the Principal Act, which deals with registration of certain businesses. Section 68 states that Division 3 applies with respect to a person who conducts any of the following businesses-- business of beauty therapy; business involving colonic irrigation; business of hairdressing; business involving skin penetration; business involving tattooing; business that poses a risk to public health and is a business or class of business prescribed for the purposes of this section. Clause 5 amends section 68 by inserting a reference to a new class of business, being a "business of applying cosmetics that does not involve skin penetration or tattooing." This is because the application of these cosmetics will be removed from the definition of beauty therapy by operation of clause 3 of this Bill. 2

 


 

Application of these cosmetics poses a lower risk than other beauty therapy services. Clause 6 amends section 69 of the Principal Act, which deals with registration of premises where certain businesses are conducted. Clause 6(1) amends the heading of section 69 so that it refers to "Registration of premises--higher risk services". This reflects the fact that two different types of registration will be available, depending on the type of services that are provided by the business that is conducted on the premises to be registered. Clause 6(2) amends section 69(1) to make it clear that unless subsection (2) or (3) applies, a person who conducts a business referred to in section 68 must register on a periodic basis any premises upon which they conduct that business. Section 69(2) states that section 69(1) (which requires the registration of the premises on a periodic basis) does not apply in certain circumstances. Those circumstances are where the person is conducting a business specified in section 68 in the course of a business which is prescribed as an exempt business or which is a business or a class of business prescribed to be exempt for the purposes of this section. Clause 6(3) inserts a new section 69(3) which states that section 69(1) also does not apply in relation to premises at which the person conducts a business referred to in section 68(ab) or (c) and does not conduct any other business referred to in section 68 and in respect of which the person holds a registration issued, transferred or renewed on an ongoing basis. This means that a person who solely conducts-- a business of hairdressing; a business of applying cosmetics that does not involve skin penetration or tattooing; or a business that provides both those types of services and who does not also conduct any of the other businesses listed in section 68, does not have to register, on a periodic basis, the premises where they conduct that business if they hold an ongoing registration provided for in section 69A. 3

 


 

Clause 7 inserts new section 69A into the Principal Act. Section 69A deals with the registration of premises where a business is conducted that involves only lower risk services, being a business of hairdressing or a business of applying cosmetics that does not involve skin penetration or tattooing. New section 69A(1) enables a person conducting a business referred to in section 68(ab) or (c) to register on an ongoing basis any premises upon which that person conducts that business with the Council in whose municipal district the premises are located. This means that a person who on certain premises conducts a business of hairdressing or a business of applying cosmetics that does not involve skin penetration or tattooing, may, in accordance with Division 4 of Part 6, register the business premises on an ongoing basis. Division 4 of Part 6 sets out the general provisions relating to registration of prescribed accommodation required to be registered under Division 2 and premises required to be registered under Division 3. The general requirements include how applications for the issue, renewal or transfer of a registration must be made to the Council, and what fees are payable. New section 69A(1) is subject to new section 69A(2), which states that subsection (1) does not apply if the person also conducts a business referred to in section 68(a), (b), (d), (e) or (f) at the premises. This means that a person is not eligible for ongoing registration of a premises in certain circumstances. Those circumstances are where the person conducts, at the premises, any business listed in section 68 other than a business of hairdressing or a business of applying cosmetics that does not involve skin penetration or tattooing. For example, if a person solely conducts a business of hairdressing, that person could apply for ongoing registration of the premises where the business is conducted in accordance with new section 69A. However, if that person also offers manicure and pedicure services at the same premises they would not be able to apply for ongoing registration under new section 69A. This is because manicures and pedicures form part of the definition of beauty therapy which is listed in section 68(a). Businesses that fall under section 68(a) are not eligible for 4

 


 

ongoing registration. Rather, section 69 would require the person to obtain a periodic registration. Similarly, a person who conducts a business of hairdressing at certain premises in accordance with an ongoing registration would not be able to also provide ear piercing services as well as hairdressing from the same premises without obtaining a periodic registration. This is because the person would not be able to rely on the exception in new section 69(3), under which a person holding an ongoing registration is not required to obtain a periodic registration. That exception only applies if the person is not conducting a business referred to in section 68(a), (b), (d), (e) or (f). Ear piercing is a business involving skin penetration which is listed in section 68(d). Clause 8 amends section 71 of the Principal Act. Section 71 sets out the process required to be undertaken when making an application for the issue, transfer or renewal of registration of prescribed accommodation required to be registered under Division 2 and premises required to be registered under Division 3. For example, such applications must be in the form approved by the Council, must contain any information in respect of the prescribed accommodation or the premises required by the Council, and must contain the prescribed particulars, amongst other things. Clause 8(1) and (3) amend section 71 and 71(d) to ensure that the order of the words "issue, transfer and renewal" is consistent throughout the Principal Act. Clause 8(2) inserts new section 71(ba), which states that if the application relates to the registration of premises required to be registered under Division 3 the application must also indicate each class of business referred to in section 68 that is conducted by the applicant at the premises. The application must also state whether the registration is to be issued, transferred or renewed on a periodic or ongoing basis. Clause 9 amends section 74 of the Principal Act. Section 74 sets out a number of provisions in relation to registration, including that a registration must be issued, transferred or renewed by the Council in accordance with the Principal Act and the regulations, in the form of a certificate of registration approved by the Council, and only in respect of the prescribed accommodation or premises specified in the registration. 5

 


 

Section 74(d) states that a registration must be issued, transferred or renewed by the Council for such a period as is determined by the Council being a period not greater than 3 years and which period must be specified in the registration. Section 74(e) states that a registration must be issued, transferred or renewed by the Council to remain in force until the day specified in the registration for the expiration of that registration unless sooner cancelled or suspended. Clauses 9(1) and (2) amend section 74(d) and (e) so that those provisions refer to new section 74(2), which qualifies section 74(d) and (e). Clause 9(3) amends section 74 by inserting new section 74(2), which states that sections 74(1)(d) and (e) (as they will be renumbered) do not apply in relation to a registration that is issued, transferred or renewed on an ongoing basis. Clause 9(3) also inserts new section 74(3), which specifies the circumstances in which a registration in respect of premises required to be registered under Division 3 may be issued, transferred or renewed on an ongoing basis. Those circumstances are that the application states that the registration is to be issued, transferred or renewed on an ongoing basis, and also that the application does not indicate that a business referred to in section 68(a), (b), (d), (e) or (f) is to be conducted at the premises. That is, if a person conducts a business referred to in section 68(ab) or (c), and no other businesses referred to in section 68 are also conducted on the same premises, those premises can be registered on an ongoing basis. This is because the businesses listed in sections 68(ab) and (c) - applying cosmetics that does not involve skin penetration or tattooing, and hairdressing - are considered to be businesses that involve the provision of lower risk services. Clause 9(3) also inserts new section 74(4), which makes it clear that a registration issued, transferred or renewed on an ongoing basis remains in force until it is cancelled or suspended. It does not need to be renewed on a periodic basis. 6

 


 

Clause 10 inserts new section 246E into the Principal Act. New 246E is a transitional provision. This section makes it clear that on and after 1 March 2016, a registration issued, transferred or renewed under Division 4 of Part 6 that was in force immediately before 1 March 2016 is taken to be a registration issued, transferred or renewed on a periodic basis. This means that all premises registered under Division 4 of Part 6 will be subject to periodic registration from 1 March 2016, whether or not the business conducted on those premises involves lower or higher risk services. Any person who conducts a business referred to in section 68(ab) or (c) who wishes to take up the option of ongoing registration at that time will need to apply for ongoing registration in accordance with section 69A, and the requirements set out in Division 4 of Part 6. Clause 11 provides for the automatic repeal of this amending Act on 1 March 2017. The repeal of this Act does not affect in any way the operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 7

 


 

 


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