Enquiry into The Tattoo and Body Piercing Industries

The South Australian Government has just recently concluded the above inquiry, after many months of receiving written submissions and meeting with health department officials, police, plastic surgeons, doctors, members of the public and representatives from both the tattoo and piercing industries.

The Select Committee, chaired by John Rau MP, Member for Enfield, Hon GM Gunn MP, Member for Stuart, Mrs Hall MP, Member for Morialta, Mr O'Brien MP, Member for Napier and Ms Rankine MP, Member for Wright, have compiled a list of recommendations that they think should be taken on board as new legislation. These recommendations are:-

Comments in bold italics by PTAA-Professional Tattoo Association of Australia representatives and also APPA Australian Professional Piercing Association national President. These comments are endorsed by all Professional Tattoo Artists in South Australia.

1 - That the minimum age for tattooing remain at 18 years. Tattoo industry strongly agrees and has never contested this. It is law nationally in Australia [NT being the last State to incorporate this legislation - happening now].

2 - That traditional ear piercing be exempt from any restriction based on age. Piercing industry spokesperson [APPA] agrees but would add additional recommendation that piercing guns be banned from use as equipment cannot be autoclave sterilised.

3 - That genital, tongue, nipple, neck and other seriously invasive piercing be prohibited on any person under 18 years of age. Piercing industry spokesperson [APPA] states all genital and surface piercing (neck, arm, wrist, corsetry) be prohibited by any person under the age of 18 years of age.

Piercing industry spokesperson [APPA] states all 'mainstream' body piercings i.e., navel, labret, eyebrow, nose, ear etc., be accessible from 16 years upwards. Under 16's will require parental consent by way of attendance.

4 - That all other piercings may be obtained by a minor with valid parental consent. Piercing industry spokesperson [APPA] states that this is already in place.

5 - That police be given the powers to actively pursue breaches of the Summary Offences Act with respect to the provision of tattooing and body piercing services. As it is illegal to tattoo a person under the age of 18 [Summary Offences Act 1953], one would presume that the police already have this power.

6 - That the minimum penalty for a breach of the Summary Offences Act with respect to tattooing be substantially increased. The offence for breach of body piercing laws be commensurate. Tattoo industry does not contest this.

7 - That it be a requirement that any person or business providing tattooing and body piercing services obtain and record proof of age details before that service is provided. Tattoo industry stipulates that this is already in place for all clientele or prospective clientele [i.e., any person entering into a consultation about receiving a tattoo] if that client or prospective client looks under the age of 25 years.

Piercing industry spokesperson [APPA] stipulates that this is already in place for all clientele or prospective clientele [i.e., any person entering into a consultation about the service of body piercing] if that client or prospective client looks under the age of 25 years.

8 - That it be a requirement that any person or business providing tattooing and body piercing services provide appropriate information that is sufficient for the person receiving that service to make an informed decision. Tattoo industry stipulates that this is already in place for all clientele or prospective clientele [i.e., any person entering into a consultation about receiving a tattoo].

Piercing industry spokesperson [APPA] stipulates that this is already in place for all clientele or prospective clientele [i.e., any person entering into a consultation about the service of body piercing].

9 - That parental consent required for a minor to receive a body piercing service be witnessed by an authorised signatory. Piercing industry spokesperson [APPA] requires more information on what an "authorised signatory" actually is.

This recommendation considered unnecessary as long as the person stating parent/guardian rights has photo identification proving such a relationship to the minor.

10 - That provision be made in the Summary Offences Act for an offence to be committed if a person or business providing tattooing and/or body piercing services, at the time of providing those services, knows or has reason to suspect that the person who is going to receive that service is under the influence of alcohol or drugs. Tattoo industry stipulates that under no circumstances does any person receive a tattoo when under the influence of alcohol or illegal/prescription drugs. This is addressed during the consultation process.

Piercing industry spokesperson [APPA] stipulates same.

11 - That restricted trading hours be imposed on persons or businesses who provide a tattoo or body piercing service. In particular the Committee recommends a mandatory 10pm closing time. As this recommendation is suggested so as to curtail any person obtaining a tattoo or body piercing while under the influence of alcohol or drugs, the tattoo industry stipulates that this recommendation is unnecessary as it is complimenting Recommendation 10, which does NOT occur.

The Select Committee [during submission hearings] suggested that a person could not obtain a loan or buy a motor vehicle at late hours of the evening so why should a person be able to obtain a tattoo or body piercing? In reality, a person can purchase a loan, buy a car, take out a contract for a mobile phone - basically make informed decisions at any hour of the day or night, there are 24 hour loan companies operational and also people are transacting far more on the internet than ever before.

We must not allow Government to attempt by way of legislation to "protect" us from LIFE - we are living in a democratic society and as such, are able to make sensible, informed decisions as responsible adults.

Piercing industry spokesperson [APPA] considers this recommendation unnecessary, as no piercing studios in South Australia are open past normal trading hours.

12 - That all premises that provide tattooing or body piercing services be licensed. All persons performing tattooing and body piercing services be registered. Tattoo industry requires more information on both registration and licensing information i.e., who would control it? What is the cost? How is it obtained? This recommendation is far to 'loose' and needs to be defined.

Current council zoning regulations stipulate where geographically, tattooing and/or body piercing premises can trade. This requirement needs to be monitored to stop 'backyard operators'.

13 - That a code of conduct be imposed upon the premises and persons performing tattooing and body piercing services by regulation. It is recommended that this be based on the current Departmental Code of Practice. Tattoo industry stipulates that this is already in place. All professional tattoo studios in South Australia meet and EXCEED the current Skin Penetration Guidelines of South Australia for tattooing and or body piercing.

The PTAA in South Australia were responsible for assisting the Department of Human Services in re-vamping the current Skin Penetration Guidelines.

With regards to moral conduct: All Professional Tattooing Association of Australia Members nationally lives by a constitution upholding moral and ethical responsibilities for Clients and Members alike.

14 - That Health Inspectors be given the power to inspect premises and persons performing tattooing and body piercing services. Those premises and persons performing these procedures that breach the regulations suffer penalties, which may include by revocation of licence. Environmental Health Officers [EHO's] already have AND EXERCISE this power and can close a tattoo or body piercing studio if the business/operator(s) are not working to the satisfaction of the Department of Human Services [DHS] Guidelines.

Tattoo industry considers this recommendation unnecessary.

15 - That serious penalties be imposed for performing tattooing or body piercing services in the absence of an appropriate licence. Tattoo industry considers this recommendation unnecessary and purely a way of generating revenue. If current geographical council zoning regulations were monitored more closely, there would be less 'backyard operators' in South Australia, is one of the obvious reasons for initiating this recommendation.

* Backyard operators in South Australia are more prevalent in country areas although there is evidence that metropolitan/suburban backyarders are in operation.

Additional Information:
At the time of producing the above recommendations please note that the above Select Committee have:

Never entered into a tattoo studio to discuss business practices [have been invited to do so on many occasions]

Were not petitioned by the South Australian Public to conduct this enquiry.

Do not have any tattoos themselves or body piercings [with lobes being the exception] and were 'upset' by photos of mainstream body piercings over the course of the inquiry.

Appear to disregard Health Department concerns with the transmission of infection if professional piercing is restricted to adults only.

This is relevant information considering the above committee are committed to making non-biased and non-judgemental decisions with regards an industry they do not understand socially or do not appear to like, either as an art form or as an individual statement.

So What's Going to Happen Now?
Unsure - basically the above recommendations are just that RECOMMENDATIONS ONLY - not law. In order for them to become legislation, a person in Parliament must take the recommendations and put them to Members of the Lower House for voting. Once they are voted on they must then go to the members of the Upper House and the usually parliamentary processes occur.

In order for us to keep informed we must log on to www.parliament.sa.gov.au and follow the steps to read HANSARD - which is word for word parliamentary speak.

We would appreciate public feedback on this and any other issue you have with regards the Select Committee Inquiry or any other issue regarding tattooing or body piercing. Email us at sales@tattoogallery.com.au or inkme@tattoogallery.com.au.