TATTOOING AND PIERCING LEGISLATION CONSULTATIONS Background In February 2011 the Minister for Children requested that the Commissioner for Children consult with children and young people in Tasmania about the regulation of tattooing and body piercing of children and young people under the age of 18 years old. In some jurisdictions, such as Tasmania and apparently the Northern Territory, there are no legislative prohibitions or limitations on the performance of body modification procedures on children and young people aged less than 18 years. The Commissioner wrote to the Secretary of the Department of Education seeking endorsement for student participation in the process and to get a list of schools that would be appropriate to be involved in the consultative council. The Commissioner has been meeting with selected secondary state schools and senior secondary college student representative councils (SRC) around the state to get the views of young people about having legislation around tattooing and piercing. A group of young people at the Ashley Detention Centre and an advisory group from CREATE were also part of the consultations. The consultations commenced in early August and were completed in November 2011. The schools who participated in these consultations were: Kings Meadows High School, Launceston College, Penguin High School, Hellyer College, Huonville High School and Clarence High School. Methodology The office of the Commissioner met with the CREATE advisory group to discuss the draft questions relating to tattooing and piercing legislation. The feedback from this group was then used to finalise the survey for the other groups. The Commissioner then met with each of the groups, including the Ashley Detention Centre group, CREATE advisory group and the six school student representative councils (SRC) to discuss tattooing and piercing legislation. Group members were given a list of questions to guide the discussion with other young people as well as information sheets, one on tattooing: ‘but are tattoos safe?’ and the other on piercing ‘side effects of piercing’. (see appendix 1, 2 & 3) 1 At the schools each of the student leader groups, then consulted with the wider school community to get the views of other students on tattooing and piercing legislation. The Commissioner returned at a later date to get the feedback from the students at each school. At the Ashley Detention Centre and the CREATE advisory group the Commissioner met with the group and discussed the same questions presented to the other groups. A summary of the comments has been compiled. Meeting with the Young People The six schools were: Region Schools School Population Grades South Huonville High School 445 students Grades 7 to10 Clarence High School 463 students Grades 7 to10 Launceston College 1250 students (on campus), 160 flexible learning Grades 11 & 12 Kings Meadows High School 516 students Grades 7 to10 Hellyer College 700 students Grade 11 & 12 Penguin High School 244 students Grades 7 to10 North NW A small group of young people from Ashley Detention Centre and the CREATE advisory group were part of the consultations. Each of the schools conducted the consultation in different ways. Some schools allocated SRC members to each grade and interviewed classes from that grade, others used homegroup classes with a mix of students from each grade and others used specific subject classes as a sample of the student population. The students involved in the consultations appeared quite knowledgeable on the process of getting tattoos and piercing and had a good understanding and awareness of the risks and safety issues involved. However, all students were unaware that there was no legislation regarding tattooing and piercing in Tasmania. The general consensus among the students was that if you were under the age of 18 you were required to have parental consent. Summary of Results Each of the groups surveyed the young people in different ways but there was a strong synergy with the outcomes to the questions. Following is a summary of the comments. A full list of responses can be found in Appendix 4. Piercing  There was a general agreement across all schools that there should be a legal age for intimate body piercing and facial piercing  Piercing the ear lobes was considered to be a common occurrence at any age but overall the young people thought that the legal age should be 16 years and over. 2  For facial piercing this was determined to be 16 year of age and above  The legal age for intimate body piercing should be 18 years of age and above  Piercing of different areas of the body is a phase teenagers go through Generally, students thought that parents or guardians should have a say about their children being tattooed or pierced. Some had the view that there should be proof of age, such as a birth certificate, and that asking your parents was a sign of respect. Facial piercing was considered to be at a higher risk level than ear piercing and the general consensus for the appropriate age for all piercing was 16 years and over. Even though many of the young people thought that people could make their own decisions about piercings they said that parents should have a say about children under 18 years of age being pierced. Tattooing  There was a general agreement across all schools that there should be a legal age for tattooing  The general consensus was that tattooing should be: o for young people 18 years and over o that young people should have proof of age  There were concerns about how having tattoos may affects job opportunities but this should not stop individuals having the choice to have a tattoo  People with tattoos can be discriminated against – people judge them by their tattoos  Three of the SRCs surveyed suggested that to ensure that the person is informed of the risks that the person should talk to the tattoo artist to get more information and have a wait period before having the tattoo The main issue for the young people about tattooing was that it was permanent and may be difficult to remove later in life. Generally tattooing was seen by the young people as something you did as an adult, 18 years and over. Having a tattoo was considered to be a personal choice but should be an informed decision with a strong awareness of the risks involved. Professionals and Businesses The young people surveyed thought that experienced or licenced professionals should be the only people qualified to give tattoos and piercings. The tattooist or person undertaking the piercing should have a certificate or registration clearly displayed in their place of business. One group suggested that the registered tattooist or person undertaking piercing have a ’safety tick’ displayed for their business. This would demonstrate that the business has met the standards in regard to hygiene and safety. All the young people also thought that the business should require proof of age of the person which would be signed off by the parents before undertaking the tattooing or piercing. There was a mixed reaction to fining businesses for piercing or tattooing underage clients. Also there was not a consistent response to the question regarding a law and whether young people would follow it. 3 Appendix 1 Tattooing and Piercing Consultations 2011 Questions 1. What part of the body can people get pierced and tattooed? 2. Should there be a legal age for: a) Intimate body piercing b) Facial piercing c) Tattooing If so what age and why? 3. Should parents or guardians have a say about having their children tattooed or pierced? 4. What about for different parts of the body: o Ear lobes o Facial – eyes, mouth, nose and tongue o Other body parts – nipples and genitalia  Why/ why not? 5. Who should give tattoos and piercing? 6. Should they check people’s ages? 7. What are some of the risks in getting pierced or tattooed? 8. If there was a law should it have fines for businesses who tattoo/ pierce young people under age? 9. If there was a law would young people follow it? Why/ why not? 4 Appendix 2 But are tattoos safe? That depends on whom you ask -- and what you mean by safe. Views vary widely. Unsterile tattooing and piercing equipment and needles can spread serious infection, hepatitis, tetanus, or possibly even HIV. -Tattoo removal is very expensive. A tattoo that costs $50 to apply may cost over $1000 and more to remove -Tattoos are not easy to remove and in some cases may cause permanent discoloration. Think carefully before getting a tattoo. You can't take it back if you don't like it. · Some people are allergic to the tattoo dye. Their body will work to reject the tattoo. · Blood donations cannot be made for a year after getting a tattoo, body piercing, or permanent makeup. “Any time you pierce the skin, you're at risk of something” "It's an invasive procedure …. A tattoo is essentially a colored wound." Top infectious disease specialists take another tack -that commercial tattooing is safe, but that amateur and prison tattoos are dangerous 5 Appendix 3 Side effects of Piercing Nerve damage: If the piercing is not done properly then there might be a chance of nerve damage near the pieced areas. Therefore you should do your piercing from an experienced professional. Some time piercing in unsafe area of the body can also lead to nerve damage. So its advisable to avoid such places. Cross-Contamination: is getting any infection or virus through dirty needles. So be very cautious when you go for a piercing. Check if your piercer is using sterilized needles and equipments. Allergies and Infections: are some of the major side effects of piercing. If your skin is sensitive you may get allergies or any kind of irritation in your skin. If you don’t take proper aftercare of the pierced areas then you tend get infection. So take proper care and daily clean your pierced area. Pain: If a person can’t bear pain then it is advisable that she or he should not go for certain piercing like tongue piercing and nipple piercing. Many may think that if they are fine with their ear piercing then they will be fine with naval piecing too. I am sorry but you are extremely wrong with your thoughts. Naval piercing is much more painful than ear piercing. So think twice before you make your mind. Keloids: is another side effect that you can notice after your piercing. They are a type of scarring, which has lot of scar tissue. If you experience one then straight away open your jewellery and keep you’re piercing area clean and hygiene. Prohibition of donating blood for a year: Last but not the least you won’t be able to donate blood for one year after you get pierced. This is a rule and strictly followed by medical professional and industry. 6 Appendix 4 Tattooing and Piercing Consultations 2011 Questions and Responses Responses were received from all six secondary schools who took part in the consultation process. The following is a summary of the responses with each response listed but not the number of times the response occurred. 1. What part of the body can people get pierced and tattooed?  Everywhere, anywhere  Basically most parts  Whatever someone chooses to do  Anything  Just about anywhere you want  Tattoo – anywhere; piercing – nowhere below the face  Arms, legs, torso, basically anywhere but some places could kill you  Piercing –nose, ears, lips, eyebrows, general facial area, tongue, belly button  Tattooing – back, arms, chest, legs, wrists, neck 2. Should there be a legal age for: a) Intimate body piercing o 18 years of age or 18 years plus o There were no negative responses o Age limit was argued but the final decision was 16 to 18 years of age o Definitely have a law – over the age of 18 b) Facial piercing – general consensus was that there should be a legal age  16 years plus  13 years plus  Some said No age limit, others said over 10 years of age  Under 14 years no piercing 7 c) Tattooing – general consensus was yes  18 years of age or 18 plus  16 to 18 years of age  Yes, too young they may want it removed later - removal of the tattoo down the track may be difficult If so what age and why?  If children get the tattoos they have them for life  Depends on the person  Young children may regret it when they are older  Because kids usually do what’s cool and don’t think of what harm it could do.  16 to 18 years of age because the body wouldn’t stop growing by then  Because some people get them changed so quickly that they don’t think about it  Mature enough to make their own decisions 3. Should parents or guardians have a say about having their children tattooed or pierced?  Yes, to a certain extent  Yes, if children are under 18 years of age  Yes, if they are below the age limit  No  Definitely for tattoos, maybe for piercing  Only if they are too young ie 5 to 10 years old  Yes because kids can be real stupid  Yes, but they should have some proof of age of children eg birth certificate, ID, signature  Yes, asking permission from parents is a sign of respect 4. What about for different parts of the body: o Ear lobes – generally with parent’s consent  16 years plus  Don’t need parent’s consent  Parents should have to witness children under the age of 14 years of age  Some students thought any age o Facial – eyes, mouth, nose and tongue – generally with parent’s consent  16 years plus  18 years plus 8 o Other body parts – nipples and genitalia  Generally responses were for 18 years plus Why/ why not?  People should be able to make their own decisions  Parental consent for those under the age limit  Parents should have a say about children under 18  It is silly to get piercings in some places  It’s their decision  Its their children’s’ bodies  It is up to them whether or not they want them  Because you could get diseases and could die  There should be no home piercing allowed for safety reasons  People should be able to show their individuality through tattooing and piercing 5. Who should give tattoos and piercing?  Professionals  Qualified people  Experienced people  People who have the right equipment  People who are certified to do so  Licenced tattooists and people who do piercing  Professionals – they should have a certificate to indicate their experience and professionalism  Businesses should offer ‘happy hour’ times for tattooing and piercing  Licenced businesses to ensure hygienic conditions 6. Should they check people’s ages?  Yes  Yes, if they look nowhere near the age  Yes, if there is to be a law  Yes, if there is a legal age limit  Yes, no matter how big or small they are, appearance shouldn’t affect their decision 9 7. What are some of the risks in getting pierced or tattooed?  Infection  Ink poisoning  Scaring  Reputation and public views, getting a job  People changing their minds about tattoos  Regret, pain, ugliness  Not being accepted for jobs  Allergic reactions  Some earrings may be ripped out in a fight  Needles might not be clean, emotional 8. If there was a law should it have fines for businesses who tattoo/ pierce young people under age?  Suppose  No fines  yes if they are underage  yes I guess without parental permission  it could be a good idea  little fines  yes, because it would be the business’ job to check the person’s age  businesses shouldn’t be fined as much as kids and the parents  unrealistic to force tattooists and people who do piercings as it could drive the business underground. Should display their registration/licence 9. If there was a law would young people follow it? Why/ why not?  Probably  Only a select amount of people would follow the law  No I don’t think they will – we see it as being there to break  Some people would some people won’t  Probably – up to tattooist to say no  No, they don’t follow alcohol or smacking so why would they  If there was a serious consequences people would eventually follow it  Probably not because society is deteriorating  People might but if they really want it they will find a way  They probably wouldn’t follow it anyway – or they would just do it themselves 10  No but the business should turn them down  No, because no matter what they will find a way  They wouldn’t but there should be fines because they have to  No, simply because it would be too popular otherwise  Maybe not, people can forge licences  No, shouldn’t have to follow the rules over desire 11