Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021

Overview

The Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021 is a legislative instrument made under the Mutual Recognition Act 1992 (Cth) (MRA). It was enacted to temporarily exclude certain occupational registrations from the automatic mutual recognition (AMR) scheme, allowing New South Wales to assess whether there is a case for a longer-term exemption or to prepare for AMR. The MRA provides for the automatic recognition of occupational registrations across Australian states, facilitating the mobility of professionals and tradespeople. The Declaration was made by the Hon. Dominic Perrottet MP, the Treasurer of New South Wales, under section 42T of the MRA. The objective of the Declaration is to temporarily exempt specified registrations from the automatic deemed registration provisions of the MRA for up to 12 months, until the scheme is fully operational. The New South Wales government did not conduct consultation, considering it impractical under the circumstances.

Scope and Application

The Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021 applies to the occupational registrations that are temporarily excluded from the Automatic Mutual Recognition (AMR) scheme under the Mutual Recognition Act 1992 (MRA) of the Commonwealth. Specifically, this declaration is concerned with registrations that would otherwise be subject to Automatic Deemed Registration (ADR) in New South Wales. This means that individuals who hold the specified registrations in their home state cannot automatically carry on the activities authorised by these registrations in New South Wales without first obtaining a New South Wales registration. The Declaration applies to these specified registrations from the day the MRA commences until 12 months after section 42T of the MRA commences. The geographic reach of this Declaration is confined to New South Wales, aligning with the state-specific nature of the MRA. This declaration does not extend to other states or territories in Australia. The Declaration is made under section 42T of the MRA and is effective from the date the Mutual Recognition Amendment Act 2021 commences. This Declaration is an instrument made under the Legislation Act 2003 of the Commonwealth and serves to clarify the exclusion of certain occupational registrations from the ADR provisions for a temporary period. The New South Wales Treasurer made this Declaration without consultation, considering it impractical given the urgency required to assess the need for a longer-term exemption or to prepare for the AMR scheme. This Declaration is a temporary measure intended to provide a window for evaluation and preparation, and the excluded registrations can still be accessed through the Local Registration Authority (LRA) under Part 3 of the MRA. The specific registrations that are temporarily exempt from ADR are detailed in Attachment A of the Declaration, which provides a simplified outline of the instrument, its authority, commencement date, and definitions relevant to the Declaration.

Key Provisions

The Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021 (the Declaration) operates under the Mutual Recognition Act 1992 (MRA) and is made under section 42T of the MRA. This Declaration temporarily exempts certain occupational registrations from Automatic Deemed Registration (ADR) in New South Wales for up to 12 months, starting from the commencement of the MRA. Section 1 identifies the Declaration as the Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021, while Section 2 stipulates that it comes into effect on the day the Mutual Recognition Amendment Act 2021 commences. Section 3 clarifies that the Declaration is made under section 42T of the MRA. Section 4 outlines the purpose of the Declaration, which is to temporarily exempt specific registrations from ADR. Section 5 provides definitions for terms used in the Declaration, such as "the Act," which refers to the Mutual Recognition Act 1992. Section 6 lists the specific paragraphs of the MRA that the Declaration relies on and identifies the registrations temporarily excluded from ADR, meaning individuals cannot carry on activities authorised under these registrations in New South Wales without first obtaining that registration. The Declaration imposes specific obligations on the parties and entities it governs. Primarily, it temporarily restricts certain occupational registrations from being recognised under ADR in New South Wales, compelling individuals to obtain local registrations through the Local Registration Authority (LRA) as outlined in Part 3 of the MRA. This requirement ensures that individuals who wish to carry on activities authorised under the temporarily exempted registrations must comply with New South Wales' local registration processes. Furthermore, the Declaration necessitates that the New South Wales Treasurer or an authorised officer must monitor and enforce compliance with these temporary exemptions. In terms of consequences, the Declaration does not explicitly state offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that failure to comply with the temporary exemption provisions by carrying on activities under the exempted registrations without obtaining a local registration may result in legal consequences under the MRA or relevant state legislation. Typically, breaches of the MRA or related state regulations can lead to fines, legal action, or other penalties as prescribed by the applicable laws. The specific penalties would depend on the nature and severity of the breach, as well as the jurisdictional laws governing occupational registrations and mutual recognition in New South Wales.