Public Health (Infection Control for Personal Appearances Services) Act 2003 - Queensland

Service summary

The purpose of this Act is to minimise the risk of infection that may result from the provision of personal appearance services.

This legislation applies to beauty therapy, hairdressing and skin penetration procedures such as tattooing and body piercing, which is provided as part of a business transaction.

There are two categories of personal appearance services, higher risk and non-higher risk.

Businesses that offer non higher risk personal appearance services are not required to hold a licence, but are required to comply with the Public Health (Personal Appearance Services) Act 2003 and the Infection Control Guidelines. If you are a new business, local council may require you under a local law to notify them within 30 days after starting the business. Check with your local council whether you are required to notify them. A copy of the guidelines is available from the Queensland Health website.

This Act does not apply to personal appearance services provided in a health-care facility (eg. cosmetic surgery).

Acupuncture is not considered to be a personal appearance service and will continue to be regulated under Chapter 4 of the Public Health Act 2005.

As at 1 July 2004, acupuncture premises no longer need to be registered.

Massage provided by a massage therapist is not a personal appearance service.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Beauty therapy

a procedure, other than hairdressing, intended to maintain, alter or enhance a persons appearance, including the following

  1. facial or body treatments;
  2. application of cosmetics;
  3. manicure or pedicure;
  4. application of, or mending, artificial nails;
  5. epilation including by electrolysis or hot or cold wax
Body piercing

the process of penetrating a persons skin or mucous membrane with a sharp instrument for the purpose of implanting jewellery or other foreign material through or into the skin or mucous membrane. However, it does not include the process of piercing a persons ear or nose with a closed piercing instrument that

  1. does not come into contact with the persons skin or mucous membrane; and
  2. is fitted with a sterilised single use disposable cartridge containing sterilised jewellery and fittings.
Hairdressing

a procedure intended to maintain, alter or enhance a persons appearance involving facial or scalp hair and includes cutting, trimming, styling, colouring, treating or shaving the hair.

Higher risk personal appearance service

a personal appearance service involving any of the following skin penetration procedures in which the release of blood or other bodily fluid is an expected result

  1. body piercing;
  2. implanting natural or synthetic substances into a persons skin, including, for example, hair or beads;
  3. scarring or cutting a persons skin using a sharp instrument to make a permanent mark, pattern or design;
  4. tattooing;
  5. another skin penetration procedure prescribed under a regulation.
Non higher risk personal appearance service

a personal appearance service other than a higher risk personal appearance service.

Personal appearance service

beauty therapy, hairdressing or skin penetration that is provided as part of a business transaction.

Skin penetration

a procedure intended to alter or enhance a persons appearance that involves the piercing, cutting, scarring, scraping, puncturing, or tearing of a persons skin or mucous membrane with an instrument.

Tattooing

the process of penetrating a persons skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin. Tattooing also includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including, for example

  1. the process known as cosmetic tattooing; or
  2. the process for applying semipermanent make up.

Other resources

Additional information

From 1 July 2005, people who personally provide higher risk personal appearance services must achieve the competency standard HLTIN402B Maintain Infection Control Standards in Office Practice Settings. Business proprietors of higher risk services must ensure people they employ or use to provide services achieve this competency standard by 1 July 2005.  For information on training organisations offering courses contact Department of Education and Training.

It is an offence under the Summary Offences Act 2005 to pierce the genitals or nipples of a minor (a person under 18 years) as part of a business transaction, or to tattoo a minor.  It is no defence that the minor's parent or guardian consented to the piercing.

The Environmental Protection (Waste Management) Regulation 2000 contains information about the disposal of waste (including sharps disposal).

It is illegal for a person to administer, apply, inject, sell or give away a scheduled anaesthetic or pain reducing substance to another person unless they are endorsed under the Health (Drugs and Poisons) Regulation 1996 to do so.

A voluntary Australian Solarium Standard (AS/NZS 2635:2002 Solaria for Cosmetic Purposes) can be obtained from Standards Australia.

If you require further information please contact your local council.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

The administration and enforcement of this Act is a function of Local Government.

Authorised officers have powers to enter and search premises, seize evidence and serve notices on proprietors to comply with the legislation.

Failure to comply with a notice is an offence and may incur a fine. Offences may be prosecuted in court and a conviction can result in suspension or cancellation of your licence.

Review or Appeal Mechanisms:

A procedure is provided in Part 7 of the Act for a review of a primary decision under the Act.


Administering agency

Queensland Health
Communicable Diseases Unit
Communicable Diseases Surveillance Prevention and Control

Contact details

Queensland Health
Communicable Diseases Unit
Communicable Diseases Surveillance Prevention and Control

Operating address:
Queensland Health Bldg, 147-163 Charlotte Street
Brisbane
Queensland 4000
Mailing address:
GPO Box 48
Brisbane
Queensland 4001

Phone:

07 3234 0111

Website:

Queensland Health Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.