Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00890 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022 (the Declaration). The specific provisions in the Declaration are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration and should not be substituted for the Declaration.

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MR Act) provides for the automatic mutual recognition of occupational registrations (AMR). AMR allows an individual to carry on an activity in a second State, under the registration covering the activity in their home State through Automatic Deemed Registration (ADR).

Part 3A of the MR Act also provides for the making of a Declaration to exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registrations provisions of the MR Act. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Declaration, the Chief Minister for the Australian Capital Territory (the Chief Minister) exempts registrations for labour hire providers from another State or Territory from operating in the Territory under AMR until 1 July 2025 because of a significant risk to the health and safety of workers or the public. The Declaration commences on 1 July 2022.

Consultation

The Australian Capital Territory consulted with WorkSafe ACT which registers individuals under the Labour Hire Licensing Act 2020.

 

Additional consultation was also undertaken with the Labour Hire Licensing Advisory Committee and public consultation was held through ACT Government and WorkSafe ACT websites.

 

This is the appropriate consultation to have undertaken regarding whether a Significant Risk Exemption Declaration for interstate workers is appropriate.

 

The Chief Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Declaration. The consultation drew on the knowledge of subject matter experts.

 


Attachment A

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022 (the Declaration).

Section 2 – Commencement

This section provides the date on which the Declaration comes into operation.

The Declaration comes into operation on 1 July 2022 when the AMR scheme becomes fully operational in the Territory.

Section 3 – Authority

This section outlines the authority under which the Declaration is made. The Declaration is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to exempt labour hire provider registrations for occupations, or for labour hire provider activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of three years because of a significant risk to the health and safety of workers or the public.

Section 5 – Definitions

This section provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:

- Act is defined in this section as meaning the Mutual Recognition Act 1992 of the Commonwealth;

Section 6 – Exemption

This section lists the specific paragraph of the MR Act relied on to make the Declaration excluding a registration mentioned from the operation of automatic deemed registration in the Australian Capital Territory.

The Declaration is made in accordance with paragraph 42S of the MR Act. This means that an individual cannot rely on automatic deemed registration in the Australian Capital Territory because of the significant risk to the health and safety of workers or the public.

Section 7 – Significant risk statement

This section explains the specific significant risks arising from circumstances to the health and safety of workers or the public in the Territory.

Section 8 – Human Rights Act statement

This section outlines that the exclusion of occupations and activities under section 6 is not considered incompatible with the provisions under the Human Rights Act 2004 (ACT).

 

Andrew Barr

Chief Minister

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022 is an instrument made under the Mutual Recognition Act 1992 by the Chief Minister for the Australian Capital Territory, Andrew Barr. This Declaration exempts registrations for labour hire providers from other states and territories from operating in the Australian Capital Territory under automatic mutual recognition until 1 July 2025. The purpose of this exemption is due to a significant risk to the health and safety of workers or the public. The Declaration was made following consultations with WorkSafe ACT, the Labour Hire Licensing Advisory Committee, and the general public, and it is in line with the policy objective of ensuring worker and public safety. The Declaration came into effect on 1 July 2022.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022 applies to registrations for labour hire providers seeking to operate in the Australian Capital Territory under the automatic mutual recognition provisions of the Mutual Recognition Act 1992 of the Commonwealth. Specifically, it exempts labour hire providers from another State or Territory from the automatic deemed registration scheme in the ACT until 1 July 2025 due to concerns over the health and safety of workers and the public. This Declaration is made under section 42S of the Mutual Recognition Act 1992, which allows for the exemption of certain occupations from the automatic mutual recognition scheme if there is a significant risk to health and safety. The exemption is intended to be temporary, lasting until 1 July 2025, and applies only to the Australian Capital Territory. The Declaration commences on 1 July 2022, aligning with the full operationalisation of the automatic mutual recognition scheme in the Territory. The Chief Minister is satisfied that appropriate consultation was undertaken, involving relevant subject matter experts and public consultation, to justify the exemption.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Labour Hire Provider) Declaration 2022 (the Declaration) (sections 1 to 8) provides an exemption for labour hire provider registrations from another State or Territory, preventing them from operating in the Australian Capital Territory (ACT) under the automatic deemed registration provisions of the Mutual Recognition Act 1992 (MR Act) until 1 July 2025. This exemption is due to the significant risk to the health and safety of workers or the public, as detailed in section 7 of the Declaration. The Declaration is made under section 42S of the MR Act (section 3) and commences on 1 July 2022 (section 2). The purpose of this instrument is explained in section 4, and section 5 provides self-explanatory definitions of key terms used within the Declaration. Section 6 lists the specific MR Act provision relied on to make the Declaration, and section 8 outlines that the exclusion of occupations and activities under section 6 is not considered incompatible with the provisions of the Human Rights Act 2004 (ACT). The Declaration imposes obligations on labour hire providers from other States or Territories who wish to operate in the ACT. These obligations include not being able to rely on automatic deemed registration due to the significant risk to the health and safety of workers or the public, as stated in section 6. The Declaration requires consultation with relevant parties such as WorkSafe ACT, the Labour Hire Licensing Advisory Committee, and the public, as mentioned in the explanatory statement. This consultation process ensures that the exemption is appropriate and practical for the purposes of making the Declaration. Under the Declaration, any breach of the exemption provisions could result in legal consequences. While the Declaration does not explicitly state penalties for breach, the MR Act and other relevant legislation may provide for penalties for non-compliance. It is important for labour hire providers and other affected parties to adhere to the provisions of the Declaration to avoid any potential civil or criminal consequences. The specific penalties for breach would depend on the relevant legislation governing the matter.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.