EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) Declaration 2022
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) 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 teachers from another State or Territory from operating in the Territory under AMR until 1 July 2027 because of a significant risk to the health and safety of workers or the public, in particular, child safety. The Declaration commences on 1 July 2022.
Consultation
The Australian Capital Territory consulted with the ACT Teacher Quality Institute which registers individuals under the ACT Teacher Quality Institute ACT 2010.
Additional consultation was undertaken with the ACT Principals Association and Australian Education Union.
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—Teachers) 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—Teachers) 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 registrations for teaching occupations, or for activities covered by teaching occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of five years because of a significant risk to the health and safety of workers or the public, in particular, child safety.
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 particular, child safety 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