EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (New South Wales) (Notification Requirement—Corrective Services) Determination 2021
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (New South Wales) (Notification Requirement–Corrective Services) Determination 2021 (the Determination). The specific provisions in the Determination are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Determination and should not be substituted for the Determination.
Context and purpose
Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (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 a determination that requires a person who intends to carry on an activity in reliance of ADR to notify the local registration authority for the occupation before the person begins to carry on the activity. The Legislation Act 2003 of the Commonwealth (LA) provides for the making of legislative instruments.
Summary
Through this Determination, the Treasurer of New South Wales requires a person to notify a local registration authority before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in New South Wales. The Determination comes into force on commencement of the provision in the MRA and sunsets on 1 October at the end of the tenth anniversary from registration (consistent with the LA).
Consultation
New South Wales did not conduct consultation as the NSW Treasurer considers it impractical in the circumstances. The Declaration is required urgently so that the notification requirements are in place for 1 July 2021. NSW will review and consult relevant stakeholders to ensure the Determination remains fit for purpose.
Attachment A
Details of the Mutual Recognition (New South Wales) (Notification Requirement–Corrective Services) Determination 2021
Part 1 – Preliminary
Section 1 – Name
This section provides that this Determination is to be cited as the Automatic Mutual Recognition (New South Wales) (Notification Requirement–Corrective Services) Determination 2021 (the Determination).
Section 2 – Commencement
The Determination comes into operation on the day the Mutual Recognition Amendment Act 2021 commences.
Section 3 – Authority
This section outlines the authority through which the Determination is made. The Determination is made under section 42J of the Mutual Recognition Act 1992 (Commonwealth).
Section 4 – Simplified outline of the instrument
This section explains that the purpose of this instrument is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in New South Wales. This section outlines the application of the notification and the period of the Determination.
Section 5 – Definitions
This section provides, for the purposes of this Determination, self-explanatory definitions of the following terms:
- The Act is defined in this section as meaning the Mutual Recognition Act 1992
Section 6 – Notification requirement
This section lists the specific paragraph of the MRA relied on to make the Determination, the activity under the occupation where a person must notify a local registration authority before the person begins to rely on automatic deemed registration.
The Determination is made in accordance with paragraph 42J(4) of the MRA. A person intending to carry on any of the activities covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity in New South Wales without first providing notification. An individual may obtain the notification requirements through the local registration authority for the following activities.
a) Correctional officer, Crimes (Administration of Sentences) Act 1999 (NSW);
b) Community corrections officers, Crimes (Administration of Sentences) Act 1999 (NSW).
The Hon. Dominic Perrottet MP
NSW Treasurer
Overview
The Automatic Mutual Recognition (New South Wales) (Notification Requirement—Corrective Services) Determination 2021 was enacted to address the need for a notification requirement for individuals intending to carry out certain activities in New South Wales under the Mutual Recognition Act 1992. This legislation was introduced to ensure that individuals who rely on automatic deemed registration for their occupational activities in New South Wales must first notify the local registration authority. This was necessitated by the urgent requirement to have notification requirements in place for 1 July 2021, as determined by the NSW Treasurer, and while no consultation was conducted at the time of enactment, it is planned that New South Wales will review and consult relevant stakeholders to ensure the Determination remains fit for purpose. The Determination was made under section 42J of the Mutual Recognition Act 1992 by the Hon. Dominic Perrottet MP, the NSW Treasurer, and came into force on the commencement of the Mutual Recognition Amendment Act 2021.
Scope and Application
The Automatic Mutual Recognition (New South Wales) (Notification Requirement–Corrective Services) Determination 2021 applies to individuals who intend to carry out activities under specific occupational registrations in New South Wales by relying on automatic deemed registration (ADR) under the Mutual Recognition Act 1992 (MRA) of the Commonwealth. The Act specifically requires individuals to notify the local registration authority before they commence activities in New South Wales as correctional officers or community corrections officers under the Crimes (Administration of Sentences) Act 1999 (NSW). This requirement ensures that individuals meet the necessary notification criteria before relying on ADR to carry out these activities in New South Wales. The Determination is applicable from the commencement of the Mutual Recognition Amendment Act 2021 and will sunset on 1 October, ten years from the date of registration, as per the provisions of the Legislation Act 2003 of the Commonwealth. It should be noted that the NSW Treasurer deemed consultation impractical at the time of drafting but intends to review and consult relevant stakeholders to ensure the Determination remains fit for purpose.
Key Provisions
The Automatic Mutual Recognition (New South Wales) (Notification Requirement–Corrective Services) Determination 2021 outlines the conditions under which individuals must notify a local registration authority before relying on automatic deemed registration to carry out specified activities in New South Wales. According to Section 6, this notification requirement applies to activities such as correctional officer and community corrections officer roles, as defined under the Crimes (Administration of Sentences) Act 1999 (NSW). This means that anyone intending to engage in these activities under automatic deemed registration must first notify the relevant local registration authority.
The obligations imposed by the Determination are clear: any person who wishes to rely on their occupational registration from another state to perform these activities in New South Wales must notify the local registration authority. This ensures that the local authority is aware of the individual’s intentions and can provide oversight. Failure to comply with this notification requirement could potentially result in the person not being legally permitted to carry out the specified activities in New South Wales.
In terms of penalties and consequences, while the explanatory statement does not explicitly state the penalties for non-compliance with the notification requirement, under the Mutual Recognition Act 1992, breaches of requirements for automatic mutual recognition could lead to civil or criminal penalties. Typically, such breaches might result in fines or other legal actions to enforce compliance. It is important for individuals to adhere to these notification requirements to avoid any legal repercussions.
The Determination is made under Section 42J of the Mutual Recognition Act 1992 and comes into effect on the commencement of the Mutual Recognition Amendment Act 2021. It will sunset on 1 October, at the end of the tenth anniversary from the date of registration, in line with the provisions of the Legislation Act 2003. This timeframe ensures that the notification requirements are in place for a significant period, allowing for proper implementation and compliance.