Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Construction Occupations) Declaration 2022

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Construction Occupations) Declaration 2022 is an instrument made under the Mutual Recognition Act 1992 of the Commonwealth, enacted to address the risk to health and safety of workers and the public, and consumer protection, in the Australian Capital Territory. The Declaration exempts registrations for construction occupations from other States or Territories from the automatic mutual recognition provisions until 1 July 2025. This measure was introduced in response to concerns raised during consultation with relevant industry stakeholders about the potential risks associated with the automatic mutual recognition of construction occupations in the Territory. The Chief Minister, Andrew Barr, is satisfied that the consultation process was both appropriate and practical for the purposes of making the Declaration. The policy objective of the Declaration is to ensure the safety and protection of workers, the public, and consumers by preventing construction occupations from interstate from operating in the Territory under automatic mutual recognition until such time as these risks can be adequately mitigated. The Declaration was made under the authority of section 42S of the Mutual Recognition Act 1992 and was commenced on 1 July 2022, the date on which the automatic mutual recognition scheme became fully operational in the Territory. The specific provisions of the Declaration are outlined in Attachment A, which includes details such as the name of the Declaration, the date of commencement, the authority under which it was made, and a simplified outline of the instrument. The Declaration also includes definitions of key terms and a statement of significant risks, as well as a statement under the Human Rights Act 2004 (ACT) to the effect that the exclusion of occupations and activities under section 6 is not considered incompatible with the provisions of that Act.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Construction Occupations) Declaration 2022 applies to individuals seeking to carry out construction occupations in the Australian Capital Territory under the automatic mutual recognition scheme established by the Mutual Recognition Act 1992 of the Commonwealth. The Declaration aims to exempt registrations for construction occupations from other states or territories from operating in the Australian Capital Territory under the automatic deemed registration provisions until 1 July 2025. This exemption is due to the significant risk to the health and safety of workers or the public, and consumer protection. The Declaration applies to the Australian Capital Territory jurisdiction and excludes construction occupations from interstate or overseas recognition until the specified date, reflecting the Chief Minister's consideration of risks associated with such occupations. The explanatory statement highlights the consultation process involving relevant industry stakeholders and the Construction Occupations Registrar, ensuring a practical and informed decision-making process.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Construction Occupations) Declaration 2022 (the Declaration) is a legislative instrument that exempts registrations for construction occupations from another State or Territory from operating in the Australian Capital Territory under Automatic Mutual Recognition (AMR) until 1 July 2025. This is due to a significant risk to the health and safety of workers or the public, and consumer protection (Section 4). The Declaration comes into operation on 1 July 2022, the same date that the AMR scheme becomes fully operational in the Territory (Section 2). The Declaration is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth (Section 3). The specific occupations exempted from AMR are listed in Section 6, which relies on paragraph 42S of the MR Act to exclude these registrations due to the significant risk mentioned above. The obligations and requirements imposed by the Declaration on the parties or entities it governs are primarily related to the exemptions outlined in Section 6. Individuals or entities with registrations for construction occupations from other States or Territories are not permitted to operate in the Australian Capital Territory under AMR until 1 July 2025. This restriction is in place to mitigate the significant risks identified in the Declaration. Additionally, the Declaration requires that the Chief Minister for the Australian Capital Territory consult with relevant industry stakeholders and subject matter experts to ensure the appropriateness and practicality of the exemptions. The Chief Minister is satisfied that the consultation undertaken is suitable for the purposes of making the Declaration. The Declaration does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to assume that any breach of the exemptions and restrictions outlined in the Declaration could result in legal action being taken under the Mutual Recognition Act 1992 of the Commonwealth or other relevant legislation. The penalties for such breaches would depend on the specific circumstances and the applicable laws. It is important for individuals and entities affected by the Declaration to comply with its provisions to avoid any potential legal consequences.