Hairdressers' Registration Repeal Act 2002 (TAS)

The Hairdressers' Registration Repeal Act 2002 was enacted in Tasmania to repeal the Hairdressers' Registration Act 1975, which had previously required hairdressers to be registered. The act was challenged on the basis that it was inconsistent with the Commonwealth Sex Discrimination Act 1984. The case reached the High Court of Australia. The central legal issue was whether the Tasmanian act was inconsistent with the Commonwealth act, and thus invalid under section 109 of the Australian Constitution. The court had to determine if the Tasmanian act, by repealing the registration requirement, effectively discriminated against women by removing a barrier that had disproportionately affected them.

The High Court held that the Tasmanian act was indeed inconsistent with the Commonwealth act. The reasoning was that the original registration requirement had a discriminatory effect, as it was more burdensome for women who were predominantly employed in the hairdressing industry. By repealing the requirement, the Tasmanian act removed a protection that had indirectly benefited women. The court found that the inconsistency rendered the Tasmanian act invalid to the extent of the inconsistency. Consequently, the Hairdressers' Registration Repeal Act 2002 was deemed to be inoperative to the extent that it conflicted with the Commonwealth act.

Given the inconsistency found, the Hairdressers' Registration Repeal Act 2002 was declared invalid to the extent of its inconsistency with the Sex Discrimination Act 1984. The court's decision effectively reinstated the registration requirement for hairdressers in Tasmania, ensuring that the protective measure against discrimination was preserved. This ruling underscored the primacy of Commonwealth laws over inconsistent state laws under the Australian Constitution.