Tina Viney | CEO of APAN – Aesthetics Practitioners Advisory Network


SOMEONE RECENTLY ASKED ME “what is the difference between an opinion and a position statement?”

This is a really good questions and one we should all ponder and consider as understanding the difference can greatly influence us in making right decisions.  Let’s look at a common scenario that can demonstrate this.

The other day there was a discussion happening on Facebook where someone was querying how to determine the payrate for someone who had completed a qualification in laser and IPL.

The interaction that followed among the group made a lot of sense – most of the business owners were in favour that you should only pay someone based on their expertise and skills and not just on the piece of paper that they hold.

While these opinions were all very reasonable and even logical, they were not necessarily the legal position that you are required to go by when determining how you pay someone, and this is where it gets tricky.

Sometimes legislation and what is the legal requirement can not only be unreasonable, it can also be unfair, and this often is the focus of group discussions when these opinions are reinforced.  However, as a professional, or business owner you are quired to abide by what is legal and not what is fair.

At the end of the discussion everyone agreed that you should pay someone based on their knowledge and experience.  No-one however, brought up the fact that according to Fairwork, the only determining factor on how much you pay someone is based on “those bits of papers that employees hold” called qualifications.  Going with that advice someone may be convinced to state to a potential staff member that in their opinion they should be paid a lesser rate because they do not have the appropriate experience as yet.  However, this would open the employer up to potential problems and possible fines.

Let’s also not forget that while insurance can cover you for being sued by someone who is not happy with your advice or treatment you delivered, there is no insurance for being fined for breaking the law – you would be on your own with that one.

I do agree that social media platforms can be useful in sharing ideas. However, as professionals, decisions that have legal or regulatory implications should be based on legal position statements accessed from reliable sources that can give us the authoritative and correct information.  This is not just for your own protection, but also because you have a duty-of-care to those under you, as well as to uphold the reputation of your profession.

Don’t forget, as an APAN member please contact us first with issues of wages, health regulations, skin penetration licences, conflict with clients or staff, etc, as we can be of great help. Being compliant with laws and regulations that govern your business and your work are also a requirement of your APAN Code of Ethics. We have invested a great deal of effort, time and money in making sure to offer you the best protection.  Please consider accessing us first with all your needs.