EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (New South Wales) (Exemptions – Combat Sports) Declaration 2022
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (New South Wales) (Exemptions – Combat Sports) 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 (the MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide an entitlement for 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 MRA provides for the making of declarations that exclude certain registrations from ADR where a minister of a state is satisfied that the declaration is necessary because of a significant risk arising from circumstances or conditions in the declaration state, to consumer protection, the environment, animal welfare or the health or safety of workers or the public.
This instrument is exempt from disallowance under section 44(1) of the Legislation Act 2003.
Summary
Through the Declaration, the Treasurer of New South Wales has excluded all registrations under Combat Sports Act 2013 (NSW) from ADR for the period 1 December 2022 to 30 June 2023. The Declaration replaces and repeals the Automatic Mutual Recognition (New South Wales) (Exemption – Various) Declaration (No. 3) 2022 (Previous Declaration). The Previous Declaration contained a number of additional exemptions that are no longer required. The Treasurer has determined there is no longer a significant risk arising from circumstances or conditions in the declaration state in relation to those additional classes of registration. In making the Declaration, the Treasurer is satisfied that registrations under the Combat Sports Act 2013 (NSW), that was also in the Previous Declaration, remain necessary because of a significant risk to consumer protection or the health or safety of workers or the public. The Declaration provides an explanation of the specific risks arising from the registrations in the context of the circumstances and conditions in New South Wales
The information relied on to support the Treasurer to support the significant risk exemption is provided in Attachment B.
Consultation
New South Wales did not conduct consultation as the Treasurer of New South Wales considers it unnecessary in the circumstances. In preparing the declaration, the Treasurer of New South Wales had regard to the previous consultation process with key stakeholders in November – December 2021, the expert information provided by the regulator, Combat Sports Authority of NSW and the position of persons likely to be affected.
Attachment A
Details of the Mutual Recognition (New South Wales) (Exemptions – Combat Sports) Declaration 2022
Part 1 – Preliminary
Section 1 – Name
This section provides that the Declaration is to be cited as the Mutual Recognition (New South Wales) (Exemptions – Combat Sports) 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 December 2022.
Section 3 – Authority
This section outlines the authority through which the Declaration is made. The Declaration is made under section 42S of the Mutual Recognition Act 1992.
Section 4 – Simplified outline of the instrument
This section explains that the purpose of this instrument is to exempt specified registrations from the ADR provisions of the MRA, the application of the exclusion and the period of the exclusion.
Section 5 – Definitions
This section confirms that references to ‘the Act’ in the instrument are references to the Mutual Recognition Act 1992.
Section 6 – Schedules
This section provides that any instruments specified in a Schedule to the Declaration are amended or repealed according to the Schedule.
Section 7 – Exemptions
This section lists the specific paragraph of the MRA relied on to make the Declaration, the specific registrations excluded from ADR and the explanation of the risk(s).
The Declaration is made in accordance with paragraph 42S(1)(a) of the MRA. The specific registrations listed in column 1 are excluded from ADR. This means that an individual cannot carry on the activities authorised under the registrations listed in column 1 in New South Wales without first obtaining that registration. An individual may obtain the registration listed in column 1 from the local registration authority through Part 3 of the MRA.
The minister making the Declaration is satisfied that there is a significant risk of not excluding the registrations in column 1. In accordance with subsection 42S(2) of the MRA, column 2 in the table provides the statement of the risk to consumer protection, or the health and safety of the public for each of the registrations listed in column 1.
The information relied on to support the Treasurer’s decision is provided in Attachment B.
The following table replicates the provisions in the Declaration.
Exemptions for the purposes of paragraph 42S(1)(a) | ||
Item | Column 1 Registration | Column 2 Statement of risk |
Registration under the Combat Sports Act 2013 (NSW) | Significant risks to consumer protection, combatant health and safety, and public safety. The Combat Sports Authority (NSW) and the NSW Police Force would have reduced ability to properly supervise and regulate combat sport industry activity in NSW through combatant and industry participant probity assessments. This could pose a health and safety risk to combatants, and damage public perceptions of the field’s integrity and increase the likelihood of organised crime infiltration.
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Section 8 - Repeal
Section 8 provides a self-repeal date for the Declaration. The Declaration will sunset on 30 June 2023.
The Hon. Matt Kean MP
Treasurer of New South Wales
Attachment B - Information relied on to support the minister
The combat sports area in NSW is governed by the Combat Sports Act 2013 (NSW) (the “Act”), as administered by the Combat Sports Authority of New South Wales (the “Authority”) in conjunction with the NSW Police (“NSWPF”). The statutory objects of combat sports regulation in NSW are set out at section 3 of the Act, and include:
(a) to promote the health and safety of combat sport contestants, (b) to promote the integrity of combat sport contests, (c) to regulate combat sport contests on a harm minimisation basis,
The Authority’s functions (as defined under Section 81 of the Act) include to “supervise and regulate professional and amateur combat sport in New South Wales” (s. 81(a) of the Act).
In fulfilling its regulatory mandate the activities of the Authority, and in some instances in conjunction with the NSWPF, include a focus on medical safety and the maintenance of probity in relation to combat sport and combat sport contests as defined in the Act.
Medical safety
The Authority has legislative responsibilities under the Act to oversees the administration of:
Probity (including security considerations)
The Authority conducts probity assessments for promotors and industry participants, and in some instances in conjunction with the NSWPF.
The Authority’s decision to grant, renew or cancel the individual registrations for combatants, industry participants or promoters, or to allow specific professional combat sport contests to occur, may also be subject to security considerations. For example:
This robust assessment process is required particularly for roles that can significantly influence the outcome of contests, the industry and the safety of combatants. The ability of the Authority to discharge its statutory obligations (without further legal consideration and consultation and engagement with interstate regulatory authorities), and to properly supervise and regulate combat sport industry activity in NSW (including via combatant and industry participant probity assessments), may be undermined by a transition to the Automatic Mutual Recognition scheme.
Within this context, and in direct response to the coronial inquest into the death of professional boxer David Browne Jnr, the Government is considering introducing mandatory concussion and other serious head injury identification training to minimise such injuries. This includes the provision of mandatory and required training of registered industry participants (including referees) who have legislated responsibility to stop contests where a combatant’s health may be at risk if the contest continues (for example. displays signs of concussion). Strategies are being developed that will require for persons subject to registration under the Act to undertake the training specific to NSW. The Authority will require time to complete this work, including implementing any resulting regulatory changes.
In the context of this reform work and the complexity of the existing regulatory arrangements governing the NSW combat sports industry, the immediate inclusion of this professional registration area in the AMR scheme could reduce the Authority’s and NSWPF’s ability to properly supervise and regulate combat sport industry activity in NSW (including via combatant and industry participant probity assessments). Such a change could disrupt this regulatory activity and thus pose a health and safety risk to combatants, with further possible negative consequences for public perceptions of the field’s integrity and the likelihood of organised crime infiltration.
An exemption from inclusion in the AMR scheme until 30 June 2023 would provide the Authority and the NSW Government with additional time to fully assess the risks, and to work with interstate regulatory authorities to address those risks, in order to ensure combatant health and safety, public safety and integrity at combat sport contests held in NSW. |