Whether accidental or not, personal appearance services that involve skin penetration can spread blood-borne diseases such as HIV, hepatitis B and hepatitis C and are therefore considered 'higher risk' activities. These diseases are spread by blood-to-blood contact due to contaminated instruments from an infected person being used on another person without adequate precautions.
The correct construction, maintenance and operation of a higher risk personal appearance service ensures the risk of infection is minimised by the client and the operator. Licensing is an important part of providing safe higher risk personal appearance services.
Who requires a Higher Risk Personal Appearance Services Licence?
Who does not require a Higher Risk Personal Appearance Services Licence?
Making an application for Higher Risk Personal Appearance Services Licence
Buying or taking over an existing licensed business
Renovating or making changes to an existing licensed business
Infection Control Qualifications
Council is responsible for licensing higher risk personal appearance services in accordance with the Public Health (Infection Control for Personal Appearance Services) Act 2003, the Infection Control Guidelines and Queensland Development Code Part 5.2 - Higher Risk Personal Appearances Services.
The main purpose of the Public Health (Infection Control for Personal Appearance Services) Act 2003 is to minimise the risk of infection that may result from the provision of personal appearance services. The Act requires a person who personally provides a higher risk personal appearance service to hold an infection control qualification.
The Infection Control Guidelines are provided for personal appearance services to help minimise the risk of infections. The guidelines provide information on how to protect operators and clients and are based on current infection control practice.
The Queensland Development Code Part 5.2 - Higher Risk Personal Appearances Services purpose is to minimise the risk of infection in a place of business where higher risk personal appearance services are provided.
The Act requires Council to monitor the standard of operations in personal appearance services premises. This monitoring is achieved by providing for the licensing of higher risk personal appearance services.
Who requires a Higher Risk Personal Appearance Services Licence?
The Public Health (Infection Control for Personal Appearance Services) Act 2003 states 'A person must not carry on business providing higher risk personal appearance services unless the person holds a licence authorising the person to carry on the business'.
It is an offence under the Public Health (Infection Control for Personal Appearance Services) Act 2003 for a person to carry on business providing higher risk personal appearance services unless the person holds a licence authorising the person to carry on the business. A licensee must not provide higher risk personal appearance services from premises unless the premises are stated on the licensee's licence.
A higher risk personal appearance service involves any of the following skin penetration procedures, in which the release of blood or other body fluids is an expected result:
- Body piercing, other than closed ear or nose piercing
- Implanting natural or synthetic substances into a person's skin (eg. hair or beads)
- Scarring or cutting a person's skin using a sharp instrument to make a permanent mark, pattern or design
- Tattooing (including cosmetic tattooing or semipermanent makeup)
- Any other skin penetration prescribed under a regulation
Body Piercing Fact Sheet
Tattooing Fact Sheet
Who does not require a Higher Risk Personal Appearance Services Licence?
Premises that provide non higher risk personal appearance services do not require a licence. Even though these premises do not require a licence, the businesses still must comply with the Infection Control Guidelines and ensure all reasonable precautions and care to minimise the risk of infection to clients is undertaken.
Businesses not requiring a licence include:
- Hairdressers
- Beauty therapists providing facial or body treatments (including the application of cosmetics, manicures, pedicures, application of, or mending artificial nails and hair removal by electrolysis or wax)
- Skin penetration procedures that are not high risk services (eg. closed ear or nose piercing)
- Acupuncture services
Hairdressing Fact Sheet
Beauty Therapy Fact Sheet
Making an application for Higher Risk Personal Appearance Services Licence
If you are wish to operate a higher risk personal appearance service in the Rockhampton Local Government area, you are required to obtain a licence from Council by completing an application. The following information will assist you in ensuring your application is complete and that you have considered everything that is required with submitting an application.
A higher risk personal appearance services premises must be constructed in accordance with the Queensland Development Code Part 5.2 - Higher Risk Personal Appearances Services. It is recommended that you contact Council's Development Assessment Unit and Building Services as these departments may require separate approval.
The applicant for the Higher Risk Personal Appearance Services Licence must be a legal entity that is a person or a company. A business name or trading name is not a legal entity and cannot be the licence holder.
The application must be completed in full with supporting documentation as outlined in the application form including a copy of the certificate of attainment for competency standard HLTIN2A - Maintain Infection Control Standards in Office Practice Settings for each proposed operator. The application must be lodged with the relevant fee.
Council will process your application within 40 days. You will be contacted should additional information be required to process the application; this will extend the processing timeframes. You will be notified when a decision has been made regarding your application.
When approved, you can then carry out any proposed works (eg. construction or fit out) in accordance with the approved application.
When you are close to completing the construction of the premises, contact Council's Environment and Public Health Unit to arrange a final inspection. You can not undertake higher risk personal appearance services until the premises have had a final inspection and approval has been obtained.
Council will inspect the premises on a regular basis to ensure compliance with the approved application.
Application for Higher Risk Personal Appearance Services Licence
Buying or taking over an existing licensed business
If you are taking over a business from an existing operator, you will need to determine whether the business holds a current licence and the current status of the premises. It is a requirement that the existing operator notify the buyer of the need to hold a licence certificate.
In the event that the licence is to be transferred or the business is sold, a transfer form is to be completed and submitted to Council with the relevant fee. In addition to the standard details on the transfer form, the details and signatures of the new operator and the existing operator will be required.
Application for Transfer of Higher Risk Personal Appearance Services Licence
It is also recommended that you conduct a business search to determine if there are any outstanding requisitions or outstanding fees owed by the business. There are three types of searches as follows:
Activity Facility Records Search - Current status of licence/registration records only (does not include an inspection report).
Single Activity/Facility Search and Inspection - Current status of licence/registration records and current inspection report where applicable. Applications must be accompanied by the relevant fee and consent of the licence/registration holder.
Multiple Activity/ Facility Search and Inspection - Current status of licence/registration records and current inspection report where applicable for multiple activities at the one premise (eg. an ERA and DGSM at the one premise). Applications must be accompanied by the relevant fee and consent of the licence/registration holder.
Property Search Form
Renovating or making changes to an existing licensed business
Additional amendments may also be required if you intend to renovate or refurbish an existing premises, you should contact Council's Environment and Public Health Unit to determine if an application is required before construction commences. When approved, you can then carry out any proposed works (eg. construction or fit out) in accordance with the approved application.
Application for Amendment of Higher Risk Personal Appearance Services Licence
Infection Control Qualifications
The Public Health (Infection Control for Personal Appearance Services) Act 2003 requires a person who personally provides a higher risk personal appearance service to hold an infection control qualification.
The required qualification is competency standard HLTIN2A - Maintain Infection Control Standards in Office Practice Settings, which is endorsed by the Australian National Training Authority. You may be able to achieve the competency standard without doing the training course by producing documentary evidence of your competency and being assessed by a training organisation that is registered to deliver and assess the standard.
A copy of the certificate of attainment for competency standard HLTIN2A - Maintain Infection Control Standards in Office Practice Settings for each proposed operator must be submitted with your application.
For more information on nationally recognised training and registered training organisations visit www.training.gov.au.
For more information click on related links and documents or contact Council's Customer Service Centre on 1300 22 55 77.