South Australian Hairdressing and Barbering Industry Code of Practice

Transcription

1 South Australian Hairdressing and Barbering Industry Code of Practice 2016

2 Contents ACRONYMS... 2 DEFINITIONS... 2 INTRODUCTION... 3 Direction and Aims... 3 OBLIGATIONS OF MEMBERS... 4 Commitment to Key Principles... 4 Explanation of Key Principles... 4 Confidentiality and Privacy... 4 Accountability and Responsibilities... 5 Relationship with clients... 5 Professional Conduct... 5 Professional Development... 5 Insurance... 6 Relationship with Employees... 6 Maintenance of Hairdressing and/or Barbering Salon/Business... 6 Becoming an Approved Hairdressing and/or Barbering Salon/ Business in South Australia... 6 Advertising and public statements... 7 OBLIGATIONS OF HAIRDRESSING AND BARBERING PRACTITIONERS... 7 Standards of Practice and Professional Development Hairdressing and Barbering Practitioners... 8 ADMINISTRATION OF THE CODE... 8 Industry Complaints... 8 Administration... 8 Right of H&BSA to Amend the Code... 8 APPENDIX A... 9 APPENDIX B P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 1

3 ACRONYMS a) Hair & Beauty Industry Association of South Australia Incorporated T/A Hair & Beauty SA (H&BSA) b) Work Health Safety (WHS) c) Consumer & Business Service (CBS) d) Code of Practice (CoP) DEFINITIONS CBS CBS is a division of the South Australian Government s Attorney-General s Department. CBS ensures that laws affecting consumers, traders and businesses in South Australia are fairly and effectively administered. H&BSA Members Members of the H&BSA include the following: - hairdressing or beauty professional practitioners as defined in the current Modern Hair and Beauty Industry Award 2010, whether practising or retired, trainers, apprentices, trainees, training organisations, employers and other interested parties. H&BSA The purpose of H&BSA is as follows: - to advocate on behalf of members and partnership members to appropriate bodies, seeking address and redress on issues which impact on the quality and development of the hair and beauty industry; - to promote social intercourse and goodwill amongst its members and take all steps and do all things necessary or desirable for the welfare of the hair and beauty professions; - to prevent and correct abuse in all matters in any way tending to damage or prejudicially interfere with the hair and beauty professions; - to raise funds to support the objects of the H&BSA through subscriptions, levies, voluntary contributions or other activities from members and from others with an interest in the H&BSA; - to have an understanding of conditions of labour pertaining to the hair and beauty professions to ensure that the conditions of labour and wages are fair and reasonable, having regard to all interests; - to strengthen the public image of the hair and beauty professions by the promotion of sound ethics, standards, education, training and maintenance of highly skilled and professional client services; - to provide an information service for its members where possible; - to assess and issue accreditation to members or potential members of the hair and beauty professions, in order to improve standards in the professions and to provide benchmarks; and P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 2

4 - to do all such lawful things as may be incidental and conducive to the attainment of the above objects or any of them that may be deemed necessary or expedient in the best interests of the Association. INTRODUCTION Who is considered to a legally qualified practitioner in Hairdressing (including Barbering) in South Australia? 1. Under the Hairdressers Act 1988 (SA) (the Act), a legally qualified practitioner in Hairdressing (including Barbering) in South Australia, is a person who: 1.1 holds the prescribed qualifications (see Appendix A); or 1.2 has been deemed by the Commissioner for Consumer Affairs under section 4A to have the qualifications, training or experience that the Commissioner considers appropriate to carry on the practice of hairdressing and/or barbering. Penalties will apply if a practitioner in Hairdressing (including Barbering) is not qualified. What is considered to be a Hairdressing and/or Barber salon/business? 2. A Hairdressing and/or Barber salon/business is any premises used to trade for hairdressing and/or barbering as fee for service. Who does this CoP apply to? 3. This CoP applies to all members of H&BSA. Members of H&BSA must comply with this CoP pursuant to the terms of the H&BSA Constitution. Direction and Aims 4. The aims of this CoP are as follows: 4.1 to provide a basis for critical reflection and it sets out the principles and standards by which members are expected to conduct themselves in the course of their professional duties; 4.2 to provide some guidance for members in respect of the resolution of moral and ethical dilemmas that arise in the course of these duties; 4.3 to protect the general public; 4.4 to inform and guide the decisions and behaviour of all hairdressing practitioners and others involved in the provision of hairdressing and related services under the provision of H&BSA; 4.5 to outline the appropriate, expected conduct of members. The code reflects the values of H&BSA. 4.6 to describe the professional conduct expected of members to preserve and enhance their professional reputation, as well as the general reputation of the South Australian Hairdressing Industry. The CoP is not intended to provide easy answers, formulae, or prescriptive solutions for the complex professional dilemmas hairdressing practitioners face in their work. It also not intended to provide an exhaustive summary or analysis of requirements as a hairdressing practitioner in South Australia. P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 3

5 OBLIGATIONS OF MEMBERS Commitment to Key Principles 5. Adherence to this CoP involves a commitment by each member (among other things) to abide by the following Key Principles: 5.1 primary consideration in all service decisions by a member must be in the interest of the client s well-being; 5.2 treatment of each client must be carried out in accordance with competent application of accepted techniques and principles, and all applicable laws; 5.3 maintain a commitment to the development of the profession and ensure compliance with all codes of conduct, guidelines, policies and procedures maintained by H&BSA from time to time; and 5.4 maintain a supportive professional attitude to colleagues and the industry Explanation of Key Principles 6. Client wellbeing is the priority in any treatment decisions. Service decisions must be consensual between the hairdressing practitioner and client and the hairdressing practitioner should provide explanations to the client in any changes of methods of treatment. 7. Members will conduct their practice in an accepted professional manner as set out in the Standards of Practice (see Appendix B) and all applicable laws, having regard to any legally binding obligations on the hairdressing practitioner, the client or in the case of a minor, his/her parent or legal guardian at the time of service. In the event of a conflict arising between the standards of practice, legal requirements and professional obligations of a hairdressing practitioner, the member should decline to treat the relevant client until such time as the conflict is reasonably resolved. 8. Members will not wilfully misrepresent their qualifications, training or experience and must at all times comply with any other guidelines, standards or requirements of H&BSA. Practitioners must not misrepresent their training, qualifications or experience and should only provide services they are qualified to provide 9. Members are required to uphold the rules, regulations and values of H&BSA. If a member has breached these rules and regulations, he or she may be brought before the H&BSA and/or may have their membership revoked as set out in the disciplinary guidelines of H&BSA available at Confidentiality and Privacy 10. Confidentiality of client information must be observed. Consent must be provided by the client (or in the case of a minor, his/her parent or legal guardian) before information that is required to be kept confidential (at law) is disclosed to any person (including H&BSA). 11. Members must honour the client s right to personal privacy and modesty. 12. Members will maintain professional ethical standards and comply with generally accepted standards of professional behaviour. 13. Members must comply with all applicable State and Commonwealth privacy laws. P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 4

6 Accountability and Responsibilities 14. Members are personally responsible for their professional decisions. 15. Members must give due consideration to the foreseeable consequences of their actions. 16. Members must have a working knowledge of and practice within the relevant principles of laws and policies that relate to their work. 17. Members must support the development and implementation of laws and policies that promote the practice of hairdressing. 18. When working with or for other persons or organisations, members must maintain the highest integrity and standard of the profession. Relationship with clients 19. Members are required to keep a history of their clients (including all service notes in English) for at least seven years. 20. Consulting and evaluative information must be kept confidential and communicated only for professional purposes to persons legitimately involved in the client case. 21. Records must be stored and, where necessary, disposed of in a confidential manner and kept and archived in accordance with all applicable State laws. 22. Members must ensure that clients are fully informed of the costs of any service and cancellation policies prior to the service occurring to safeguard their interests. Professional Conduct 23. Members must at all times comply with the Constitution, Industry Code of Practice and Standards of Practice of H&BSA. 24. Members must not publicly criticise other members in a manner that casts doubt on their professionalism and competence. 25. Members must fully co-operate in any inquiry instituted by H&BSA in respect of a breach of this Code or any other membership issue raised by H&BSA from time to time. Members will not misrepresent their qualifications, training or experience and must at all times comply with any other guidelines, standards or requirements of the H&BSA. Professional Development 26. Members must undertake the minimum level of continued professional education each year as set by the Board of H&BSA from time to time, in order to maintain their membership. P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 5

7 Insurance 27. Members must maintain public liability and professional indemnity and malpractice insurance to such levels as a reasonably prudent practitioner would require. Relationship with Employees 28. Members must ensure that any person in their employ: 28.1 is adequately and appropriately trained/qualified to perform the work required of them; 28.2 is adequately covered by Professional Indemnity insurance (either their own or in the provisions of the employer s insurance policy); 28.3 is not subjected to harassment by the employer, other employees or clients; 28.4 is lawfully employed or contracted and supplied with an employment agreement or contract; and 28.5 abides by this Code at all times (including, but not limited to, all professional development requirements noted in clauses under Professional Development 29. Members must ensure that any employee or contractor will not attempt to solicit the custom of any client of the employer (this is called poaching in our industry). 30. If a client voluntarily provides notice to any member that he or she intends to, or wishes to, transfer from a member s salon/business to the private practice of an employee (or former employee) of a member, the relevant employee must observe all applicable laws (including privacy, confidentiality and transition of business principles) during the transition process. Maintenance of Hairdressing and/or Barbering Salon/Business 31. Members must ensure their professional salon/business (being any premises used to trade for hairdressing and/or barbering as fee for service: 31.1 are maintained in a hygienic condition and professionally presented, including toilet and bathroom facilities; 31.2 display WHS policy for staff and customers; 31.3 display for public view practitioner s qualifications. All salons/businesses must be deemed compliant under South Australian legislative requirements, local government requirements and national legislation as required have their fee structure, cancellation policies or penalties and other relevant conditions clearly displayed in accordance with all applicable laws 31.5 are compliant with all local government and WHS regulations in hairdressing and/or barbering business in South Australia. Becoming an Approved Hairdressing and/or Barbering Salon/ Business in South Australia 32. To be an Approved hairdressing and/or barbering salon/business in South Australia the following minimum standards must be in place for each salon/business: 32.1 Local Government approval to operate as a premises for hairdressing and/or Barbering as fee for service, including compliance to environmental health regulations, according to the P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 6

8 appropriate Council s jurisdiction Council approved drainage including back-flow prevention in place 32.2 audited under South Australia s WHS Regulations 32.3 SA Hair and Beauty Work Health and Safety Guide (Guide) is made available on each premises and is introduced to employees as part of their induction process. Further, training involving the Guide is to be part of the ongoing training process of the salon/business Dedicated basin for each service - a) Hairdressing, b) food preparations, c) Chemicals 32.5 Chairs approved with weight rating 32.6 Display of practitioners qualifications, including photo ID 32.7 Practitioners to undertake continuous professional development & education (see Appendix B -Standards of Practice) 32.8 Display of An H&BSA approved Hairdressing/Barber business in South Australia and included in all marketing and promotions materials plus website and social media No other like or added value businesses operating within the salon/business) Carry adequate professional indemnity; public liability & products insurance. Application process 33.An application for an Approved H&BSA membership in South Australia will be assessed by the H&BSA Board. The cost of the application will be included as part of the current H&BSA membership fee. Advertising and public statements 34. When advertising or making public statements members must: 34.1 not make statements on behalf of H&BSA without the prior written permission of the Board or the President of H&BSA; 34.2 register to use, and comply with any H&BSA rules regarding use of the H&BSA logo or other intellectual property not make statements that contain false, misleading or fraudulent claims; 34.4 not make statements that contain claims which may bring the H&BSA into disrepute; 34.5 comply with all applicable laws (including all laws relating to misleading or deceptive conduct and other unfair practices such as discrimination) not make statements that falsely imply sponsorship or verification by any organisation; OBLIGATIONS OF HAIRDRESSING AND BARBERING PRACTITIONERS 35. Practitioners must carry their qualification on their person whilst practicing for a fee for service (photo ID). 36. All practitioners must abide by all applicable State and Commonwealth legislation within the workplace. Practitioners must not misrepresent their training, qualifications or experience and should only provide services they are qualified to provide. P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 7

9 Standards of Practice and Professional Development Hairdressing and Barbering Practitioners 37. Standards of Practice have been developed from core values of H&BSA around professional practice and achieving excellence. The standards are aimed at assisting the professional hairdressing & barbering practitioner to evaluate and adapt performance in their practice. See Appendix B for these standards. 38. As part of this CoP all hairdressing and barbering members in South Australia are expected to undertake on-going industry professional development, including continuous industry educational improvements. 39. Hairdressing and barbering practitioners will need to satisfy approved industry professional development and demonstrate to H&BSA that a minimum number of points (as determined by H&BSA from time to time) points is maintained over a 2 year period to validate an individual s continuous self-development. See list of examples of professional development activities in Appendix A of this CoP that satisfy the 100 points. Hairdressers and barbering practitioners who undertake a certain amount of continuing professional development will receive recognition from the H&BSA. Industry Complaints ADMINISTRATION OF THE CODE 40. Complaints of poor industry standards, inappropriate and unfit services will be reported to CBS. CBS will attend to and handle all consumer complaints, providing relevant information to H&BSA if complaint involves a member. 41. All member salons/businesses in South Australia must commit to undertake a WHS audit. This is the responsibility of owners. Administration 42. This CoP, will be administered by H&BSA. 43. A database/register of all South Australian Hairdressing and/or Barbering members will be held by H&BSA. 44. The responsibility of updating contact details rests with members. Right of H&BSA to Amend the Code 45. The Board of Directors of H&BSA reserves the right to amend the CoP, as and when it is deemed necessary, in its absolute discretion, in order to fulfil the aims and objectives of the H&BSA. For the avoidance of doubt, the CoP is not intended in any way to limit the disciplinary guidelines of the H&BSA available at P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 8

10 APPENDIX A Prescribed Qualifications Extract from Hairdressers Regulations 2016 (SA) For the purposes of paragraph (b) of the definition of prescribed qualifications in section 4 of the Act, the following are declared to be prescribed qualifications: (a) Certificate III in Hairdressing (SHB30416) from the SHB Hairdressing and Beauty Services Training Package endorsed by AISC on 21 March 2016; or (b) Certificate III in Barbering (SHB30516) from the SHB Hairdressing and Beauty Services Training Package endorsed by AISC on 21 March 2016; or (c) in the case of a person who, immediately before the commencement of these regulations, had qualifications declared by the revoked regulations to be prescribed qualifications those qualifications; or Hairdressers Regulations; (d) in the case of a person who, immediately before the commencement of these regulations, had commenced some but not yet completed all of the units of competency referred to in regulation 4(a) of the revoked regulations a certificate evidencing the successful completion of the units of competency referred to in that regulation awarded after the commencement of these regulations. Example List of Professional Development activities to satisfy the 100 points attending State or National Hair & Beauty Expo s conferences - 70 points; attending SA Hair & Beauty Industry Association forums - 50 points; attendance of training package upgrades - 30 points; attendance of WHS seminars/updates - 30 points; attendance to RTWSA seminars and/or webinars - 30 points; holding positions on relevant professional development industry organisations - 50 points; industry product knowledge updates, seminars and webinars 50 points etc. P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 9

11 APPENDIX B Standards of Practice for Hairdressing and Barbering Practitioners Commitment to clients as a professional hairdressing practitioner As a member of H&BSA I commit to: a) Maintain strict confidentiality, privacy and accurate records. b) Create and maintain a safe, healthy environment for the practice. c) Engage in practices that are best practice that benefit clients and not degrade, endanger, exploit or harm them. Commitment to colleagues as a professional hairdressing practitioner As a member of H&BSA I commit to: (a) Work with colleagues to improve the standard of the practice and industry. (b) Support and assist colleagues in their professional development. Commitment to colleagues to South Australian general public as a professional hairdressing or barbering practitioner. As a member of H&BSA I commit to: a) Provide services that are responsive to community needs and refer if necessary. b) Promote and marketing services in a truthful, ethical and accurate manner. c) Support the development and implementation of laws and policies that promote the hairdressing industry by working with government, regulatory bodies and authorities. d) Be compliant with national, state and local government laws and policies that relate to massage. Commitment to self as a professional hairdressing or barbering practitioner As a member of H&BSA I commit to: a) Update and improve my expertise and practice continually through formal and informal professional development b) Work within the limits of my professional role, and avoid misrepresentation of my professional competence and qualifications c) Be an advocate for my profession d) Comply with applicable State legislation e) Act in the community in ways that enhance the standing of the profession f) Abide by the rules of the H&BSA P: E: i n f h a i r a n d b e a u t y s a. c o m. a u F: W : w w w. h a i r a n d b e a u t y s a. c o m. a u P a g e : 10