Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 1 - Various) Declaration 2021

Overview

The Mutual Recognition Act 1992 (MRA) was enacted to facilitate the recognition of professional and occupational qualifications across different Australian states and territories, thereby promoting a more streamlined and integrated approach to professional regulation. The MRA provides for the Automatic Deemed Registration (ADR) scheme, allowing individuals to carry on certain activities in another state under their home state's registration, subject to certain conditions. The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 1 - Various) Declaration 2021 was introduced by the Treasurer of South Australia under section 42T of the MRA to temporarily exclude specific registrations from the ADR provisions for up to 12 months. The Declaration aims to address temporary regulatory gaps or specific concerns in South Australia regarding the automatic recognition of certain professional registrations, without undergoing consultation due to the limited timeframe available. This measure ensures that individuals cannot operate under these specific registrations in South Australia without obtaining the relevant local registration, as outlined in the Declaration.

Scope and Application

The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 1 - Various) Declaration 2021 is a legislative instrument made under the Mutual Recognition Act 1992 (MRA) that temporarily exempts certain professional registrations from the automatic deemed registration (ADR) provisions for a period of up to 12 months. The Declaration, which commenced on 20 December 2021 and is repealed at midnight on 31 January 2022 unless revoked earlier, is designed to ensure that individuals carrying on specified activities in South Australia obtain the necessary local registration. The Declaration applies to those persons and entities that are subject to the MRA and its ADR provisions, specifically targeting the registrations listed in the instrument. This measure aims to protect public safety and maintain professional standards in the interim period, ensuring that appropriate qualifications and regulatory compliance are met before individuals can operate within these restricted professions in South Australia. The scope of the exemption is narrowly tailored to the specific registrations detailed, and the application of the exclusion is strictly limited to the duration specified in the Declaration.

Key Provisions

The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 1 - Various) Declaration 2021 (the Declaration) includes a number of provisions that detail the temporary exclusion of certain registrations from Automatic Deemed Registration (ADR) under the Mutual Recognition Act 1992 (MRA). Section 1 names the Declaration and Section 2 specifies that it comes into operation on 20 December 2021. The authority for the Declaration is outlined in Section 3, which states that it is made under section 42T of the MRA. Section 4 provides a simplified outline of the instrument, explaining its purpose, application, and duration of the exclusion. The specific terms used in the Declaration are defined in Section 5, with the Act being defined as the Mutual Recognition Act 1992. The temporary exemption is detailed in Section 6, which lists the specific paragraph of the MRA under which the Declaration is made and the registrations temporarily excluded from ADR. The Declaration imposes specific obligations and requirements on the entities and individuals it governs. Under Section 6, the listed registrations are temporarily excluded from ADR, meaning that an individual cannot carry on the activities authorised under these registrations in South Australia without first obtaining the relevant registration. An individual may still obtain the registration listed from the Local Registration Authority (LRA) through Part 3 of the MRA. The exclusion is intended to provide a temporary measure, and the Declaration is in effect until midnight 31 January 2022, unless revoked earlier. Breach of the provisions of the Declaration could result in civil or criminal consequences. Under the MRA, failure to comply with the requirements of the Declaration could lead to fines or imprisonment, depending on the severity of the breach. The maximum penalties for offences under the MRA are outlined in the Act and could include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years. The specific penalties for breach of the Declaration would depend on the nature and severity of the breach, and would be determined by a court or tribunal. It is important to note that the Declaration is a temporary measure and is subject to repeal or revocation before the end of its effective period. The Declaration is intended to provide a short-term solution to a specific issue, and is not intended to replace the need for individuals to obtain the necessary registrations to carry on certain activities in South Australia. The Declaration should be read in conjunction with the MRA and any other relevant legislation to ensure full compliance with the requirements of the Act.