Western Australia
Hairdressers Registration Act 1946
Reprint 2: The Act as at 7 March 2003
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 7 February 2003 |
||
Western Australia
Hairdressers Registration Act 1946
CONTENTS
1.Short title and commencement1
2.Interpretation1
3.Application of Act2
4.Non‑application of Act to medical practitioners, nurses or masseurs2
5.Appointment of Hairdressers Registration Board3
6.Board not to represent the Crown5
7.Power and duties of Board5
8.Appointment of examiners6
9.Examiners fees7
10.Protection of members7
11.Hairdressers register7
12.Who may be registered7
13.No registration unless prescribed fees paid9
14.Fees and expenses9
14A.Accounts10
14B.Audit10
14C.Annual report10
15.Unregistered persons, etc.10
16.Cancellation of registration for fraud or on other grounds12
17.Powers of Board in conducting investigations13
18.Return of certificate13
19.Penalty for disobedience of order of Board or breach of regulation14
20.Proceedings under this Act14
21.Power to make regulations15
Notes
Compilation table17
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 7 February 2003 |
||
Western Australia
Hairdressers Registration Act 1946
An Act to provide for the registration of hairdressers and for other purposes.
1.Short title and commencement
This Act may be cited as the Hairdressers Registration Act 1946, and shall come into operation on a day to be fixed by proclamation 1.
In this Act, unless inconsistent with the context or subject matter —
“apprentice” includes a person who is entitled to a rate of pay prescribed for an apprentice under any award made under the Industrial Arbitration Act 1912 2, that relates to hairdressing;
“Board” means the Hairdressers Registration Board of Western Australia constituted under this Act;
“hairdressing” or the “practice of hairdressing” means the dressing, curling, waving, cleansing, cutting, shaving, trimming, singeing, bleaching, tinting, colouring of the hair or beard of any person by any other person, whether with or without the aid of any apparatus, appliance, preparation or substance, for fee, reward, salary, wages or other remuneration or consideration by whomsoever paid or payable, whether engaged full‑time
“hairdresser” means a person registered under this Act in respect of any prescribed class or classes of hairdressing;
“medical practitioner” means legally qualified medical practitioner;
“Register” means the Register under this Act.
[Section 2 amended by No. 21 of 1965 s. 3.]
(1)Subject to subsection (2), this Act applies only within 25
(2)The Governor may from time to time, on the recommendation of the Minister and the Board, by proclamation declare that this Act shall apply, as from the date specified in the proclamation, to such other area or areas of the State as is or are so specified 4.
(3)A proclamation made under this section may be cancelled or from time to time varied by subsequent proclamation.
[Section 3 inserted by No. 21 of 1965 s. 4.]
4.Non‑application of Act to medical practitioners, nurses or masseurs
(1)Nothing in this Act shall extend or apply to, or in any manner affect, the practice of his
(2)Nothing in this Act shall be construed as prohibiting or rendering unlawful the practice of hairdressing by any person who is learning such practice, either as a student in the Perth Technical College at Perth, or as an apprentice under the direct personal control and supervision of a hairdresser registered under this Act in respect of the appropriate prescribed class of hairdressing.
5.Appointment of Hairdressers Registration Board
(1)For the purpose of this Act
(2)The Board shall have perpetual succession and a common seal and shall be capable of suing and being sued.
(3)The Board shall consist of —
(a)a Chairman (not pecuniarily interested in hairdressing) who shall be appointed by the Governor; and
(b)4
(4)Of the 4
(a)one shall be nominated by the Master Gentlemen’s Hairdressers’ Association of W.A. Union of Employers, Perth;
(b)one shall be nominated by the Metropolitan Ladies Hairdressers’ Industrial Union of Employers of W.A.;
(c)2
(4a)The Governor shall appoint a person to be deputy of the Chairman of the Board but a person shall not be appointed as deputy of the Chairman of the Board if he
(4b)The Governor on the nomination of the respective body or employees on whose nomination pursuant to subsection (4) the member was appointed, shall appoint a person having the requisite qualifications as provided in subsection (3)(b)
(4c)The deputy of a member is entitled, in the event of the absence of the member of the Board from a meeting thereof, to attend that meeting and, when so attending, shall be deemed to be a member and, if he
(5)If any of the bodies aforesaid
(6)The Governor may at any time remove any member of the Board any deputy of a member of the Board.
(7)No person shall be appointed a member of the Board for more than 3 years, but subject to this Act any person appointed a member of the Board shall upon the expiration of the period for which such person is so appointed, be eligible for re‑appointment if then qualified.
(8)The Chairman of the Board shall preside at any meeting thereof at which he
[(9)repealed]
(10)If any member of the Board is absent without permission of the Board from 4
(11)On the occurrence of any vacancy in the Board the Governor may appoint a person to fill the vacancy; and any person appointed to fill an extraordinary vacancy shall hold office only for the remainder of the term for which his
(12)During the vacancy in the Board the continuing members (subject to there being a quorum) may act as if no vacancy existed.
(13)A quorum of the Board shall consist of not less than 3
(14)The several members of the Board and their deputies shall be paid for their services as members of the Board and deputies of members of the Board, such fees as are prescribed, and in addition the Board may reimburse any such member or deputy for any reasonable amount of expenses actually incurred by him
[Section 5 amended by No. 66 of 1972 s. 2.]
6.Board not to represent the Crown
The Board shall not, except in relation to any matter in which the Board is expressly authorised by the Governor to act on behalf of the Crown, be the agent or servant or the representative of the Crown.
(1)Subject to this Act the powers and duties of the Board shall be —
(a)in respect of each prescribed class of hairdressing —
(i)to hold examinations and to submit to the Minister a panel of persons for appointment as examiners;
(ii)to decide upon the places where and the days and times on and at which examinations are to be held; and
(iii)to issue or cancel certificates and badges of registration;
(b)to suspend the registration of any person under this Act and to annul such suspension;
(c)to cancel the registration of any person under this Act and to annul such cancellation;
(d)to take proceedings for offences against this Act or any regulation
(e)generally, to do any other act or exercise any other power or perform any other duty necessary for carrying the provisions of this Act into effect; and
(f)to recommend to the Commissioner of Public Health 5 standards of hygiene and sanitation to be observed in premises where hairdressing is practised.
(2)The Board —
(a)may appoint a registrar and such officers and servants as are necessary for the purposes of the Board;
(b)may pay to any person so appointed such salary or remuneration as the Board thinks fit; and
(c)may remove any person so appointed.
[Section 7 amended by No. 31 of 1953 s. 2.]
The Minister shall from time to time appoint examiners who shall be members of the staff of the Technical College or of the panel of persons nominated by the Board for appointment as examiners.
The Board shall pay to the examiners such fees as the Minister may from time to time direct.
A member of the Board shall not be personally liable for any act done in good faith by the Board or by the member acting as such.
(1)The Board shall cause to be kept a register of hairdressers of the several prescribed classes (to be called the Register of Hairdressers) which shall be in the prescribed form and contain the prescribed particulars.
(2)The entry in the register shall in each case indicate the qualifications or other matters in virtue of which the entry was made unless the Board maintains some other permanent record, in readily available form, of those qualifications.
(3)The Registrar shall, on inquiry by any person, inform him
[(4)-(6) repealed]
(7)A certificate that any person is or is not or was not registered under this Act in respect of any such prescribed class shall, if signed by the registrar, be prima facie
[Section 11 amended by No. 6 of 1975 s. 2.]
(1)Any person who applies to be registered under this Act in respect of any prescribed class or classes of hairdressing shall be entitled to be so registered if and when he
(a)is a person of good character; and
(b)has completed the appropriate prescribed course of training and passed the appropriate prescribed examinations; or
[(c)repealed]
(d)has outside of Western Australia completed an appropriate course of training of a like standard as that prescribed in Western Australia and passes such examination (if any) as may be required by the Board.
(2)Where this Act applies to any area of the State by virtue of a proclamation made pursuant to section 3
(a)is a person of good character; and
(b)has completed the appropriate prescribed course of training and passed the appropriate prescribed examinations; or
(c)has been bona fide
(i)during a continuous period of not less than 5
(ii)during any continuous period that is less than 5
[Section 12 amended by No. 21 of 1965 s. 5.]
13.No registration unless prescribed fees paid
No person shall be registered under this Act unless such person has paid the prescribed fees.
(1)There shall be paid to the Board by every candidate for examination and by every applicant for registration or for any certificate such fees as are prescribed.
[(2) and (3) repealed]
(4)(a)Every person registered under this Act shall pay to the Board during the month of January in each year, a registration fee as prescribed, and if any such person makes default in paying that fee the registration of that person may be suspended by the Board.
(b)Where the Board suspends the registration of a person pursuant to this section such suspension shall be annulled if —
(i)the fee as prescribed together with an additional fee of $2.10
(ii)the Board is satisfied with the explanation of that person as to the reason why the default occurred and the explanation is verified by statutory declaration, if so required by the Board.
(5)All fees paid or recovered under this Act, shall be paid to the Board; and the Board shall apply such fees to the payment of expenses of the Board in carrying this Act into effect.
[Section 14 amended by No. 31 of 1953 s. 3; No. 21 of 1965 s. 6; No. 113 of 1965 s. 8; No. 42 of 1968 s. 2; No. 77 of 1987 s. 3.]
(1)The Board shall cause to be kept proper accounts and records of transactions and affairs of the Board and shall prepare financial statements in accordance with Australian Accounting Standards.
(2)The financial statements shall be prepared on an accrual basis unless the Board determines otherwise.
[Section 14A inserted by No. 77 of 1987 s. 3.]
The accounts and financial statements of the Board shall be audited at least once a year, at the expense of the Board, by an auditor appointed by the Board with the prior approval of the Minister.
[Section 14B inserted by No. 77 of 1987 s. 3.]
(1)The Board shall on or before 30 June in each year make and submit to the Minister an annual report of its proceedings for the preceding year ending on 31 December together with a copy of the financial statements and the auditor’s report.
(2)The Minister shall cause a copy of each annual report, financial statements and auditor’s report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister.
[Section 14C inserted by No. 77 of 1987 s. 3.]
(1)From and after the expiration of a period of 6
(a)no person who is not registered under this Act shall be entitled to assume, take or use or shall assume, take or use (either alone or in combination with any other word or words or letters) the name or title of hairdresser or any name, title, addition or description implying that such person is registered under this Act or is qualified to practise hairdressing;
(b)no person who is not registered under this Act shall practise hairdressing whether as principal or employee and whether under the name of a company or an association or institute or under any like name or title or otherwise; and
(c)no person, whether registered under this Act or not shall —
(i)practise hairdressing of any prescribed class whether as principal or employee and whether under the name of a company or any association or institute or under any like name or title or otherwise; or
(ii)be entitled to assume, take or use or shall assume, take or use (either alone or in combination with any other words or word or letters) any name, title, addition or description implying that such person is registered under this Act in respect of such prescribed class of hairdressing or is qualified to practise hairdressing of such prescribed class —
in that area unless such person is registered under this Act in respect of such prescribed class of hairdressing.
(2)Every person who knowingly assumes or takes or uses any such name or title or addition or description or practises hairdressing of any prescribed class of hairdressing in contravention of this section
(3)Save as otherwise expressly provided in this Act, no person who is not registered under this Act in respect of the appropriate prescribed class of hairdressing shall be entitled to recover in any Court any fee or charge for the performance of hairdressing of that prescribed class.
[Section 15 amended by
16.Cancellation of registration for fraud or on other grounds
(1)The registration (whether in respect of one or more prescribed classes) of any person as a hairdresser under this Act —
(a)whose registration in respect of any such prescribed class had been obtained by fraud or misrepresentation; or
(b)who has been convicted of any offence against this Act or any regulation
(c)who before or after registration, was or has been convicted of an offence that in the opinion of the Board, renders him
(d)who, for any other reason, is in the opinion of the Board, no longer a fit and proper person to practise as a hairdresser;
may be cancelled or suspended by order of the Board and upon the making of the order of cancellation or during the period specified in the order of suspension such person shall cease to be registered as a hairdresser: Provided that no such cancellation or suspension shall take effect until after the expiration of one month from making of the order of cancellation or suspension or in the event of an appeal therefrom pursuant to subsection (5) until judgment is given on such appeal.
(2)The cancellation or suspension of the registration of any person may at any time and for such reasons as the Board thinks fit by order of the Board be annulled but where the registration of a person has been cancelled or suspended for a continuous period of eight years or more that person is not entitled to be registered again under this Act or to practise as a hairdresser until he
(3)Before cancelling or suspending the registration of any person pursuant to this section the Board shall —
(a)send to such person by post by registered letter, notice in writing of the complaint against him
(b)hold full inquiry into the matter of the complaint and afford such person an opportunity of giving an explanation personally or in writing.
(4)Upon an order for the suspension or cancellation of the registration of any person being made, the Board may advertise such order.
(5)Any person who feels aggrieved by any refusal of the Board to register such person or by any order of the Board cancelling or suspending the registration of such person may appeal therefrom to a stipendiary magistrate within one month after the notification to such person of such refusal, cancellation or suspension.
(6)Such stipendiary magistrate shall entertain, inquire into and decide upon the appeal by way of rehearing, and for that purpose may do all such matters and things relating thereto and in the same manner and to the same extent as he
[Section 16 amended by No. 21 of 1965 s. 8; No. 42 of 1968 s. 3.]
17.Powers of Board in conducting investigations
For the purpose of conducting any investigation or inquiry authorised to be made under this Act, the Board shall have power to compel the attendance of witnesses and may administer oaths and affirmations.
(1)Every person whose registration has been suspended or cancelled by order of the Board shall, within 14
(2)On failure to do so without reasonable excuse such person shall be liable to a penalty not exceeding $20
(3)The suspension or the cancellation of the registration of any such person shall be effectual notwithstanding such failure to surrender the certificate and the badge.
[Section 18 amended by No. 31 of 1953 s. 4; No. 113 of 1965 s. 8.]
19.Penalty for disobedience of order of Board or breach of regulation
(1)Save as otherwise expressly provided, every person registered under this Act who —
(a)fails, neglects or refuses to comply with any lawful order or direction of the Board made pursuant to this Act or any regulation
(b)is guilty of a contravention of any regulation
shall be liable to a penalty of not more than $20
(2)Every person wilfully guilty of a contravention of any provision of this Act
(3)In any conviction under this Act notwithstanding that the penalty imposed does not exceed the sum of $10
[Section 19 amended by No. 113 of 1965 s. 8.]
Any proceedings under this Act may be taken by any person authorised by the Board either generally or in any particular case.
The Board with the approval of the Governor may make regulation
(a)regulating its own proceedings;
(b)prescribing for the purposes of this Act
(c)prescribing the fees to be paid to members of the Board and to deputies of members of the Board;
(d)regulating subject to this Act the issue of certificates and badges of registration under this Act and the conditions of admission to the register;
(e)prescribing in respect of the several prescribed classes of hairdressing the course of training for persons desiring to be registered under this Act;
(f)regulating subject to this Act the admission to the register of persons who were at the commencement of this Act
(g)regulating and supervising the conduct of examinations in respect of the several prescribed classes of hairdressing and the remuneration of examiners;
(h)prescribing subject to this Act the fees to be paid for examinations, certificates and registration;
(i)prescribing standards of safety to be observed in premises where hairdressing is practised;
(j)providing for the inspection from time to time by authorised officers of the Board of premises where hairdressing is practised;
(k)prescribing the particulars required to be given in any notice under this Act;
(l)prescribing the form of the register and the particulars of the entries to be contained therein; and
(m)generally, providing for anything necessary or convenient to be prescribed for carrying this Act into effect.
[Section 21 amended by No. 31 of 1953 s. 5; No. 21 of 1965 s. 9; No. 66 of 1972 s. 3.]
