Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025

Administered by Department of Employment and Workplace Relations

Legislation au F2025L00665 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025 (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 MRA) 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 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. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

The Declaration is not subject to disallowance as it meets the requirements under subsection 44(1) of the Legislation Act 2003.

Summary

Through this Declaration, the Minister for Finance (Tasmania) has excluded a number of registrations from ADR for the period 1 July 2025 to 30 June 2030. By virtue of the making of the Declaration, the Minister for Finance is satisfied that the exclusions are necessary because of a significant risk to 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 Tasmania.

Consultation

In making this Declaration, the Minister for Finance (Tasmania) was advised by WorkSafe Tasmania on appropriate longer-term exemption arrangements, which included details of stakeholder consultation undertaken. Consultation was undertaken with relevant bodies, including regulators, registered training organisations and the relevant cross-jurisdictional regulator body.

The Minister for Finance (Tasmania) is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Declaration. The consultation drew on the knowledge of relevant subject matter experts and had regard to the positions of persons likely to be affected.

A regulation impact statement or analysis (RIS/RIA) is not required in Tasmania for this legislative instrument. To note, the Commonwealth engaged PricewaterhouseCoopers Australia to undertake an Economic Impact Assessment of AMR, which was finalised in December 2020. 

Attachment A

Details of the Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025

 

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025 (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 2025.

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 (Commonwealth).

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 provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:

-          The Act is defined in this section as meaning the Mutual Recognition Act 1992

Section 6 – Exemptions

This section lists the specific paragraph of the MRA relied on to make the Declaration, the specific registrations excluded from ADR, the explanation of the risk(s) and the self-repeal date for the exemption.

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 Tasmania without first obtaining that registration. An individual may obtain the registration listed in column 1 from the Local Registration Authority (LRA) 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, the environment, animal welfare, or the health and safety of workers and the public for each of the registrations listed in column 1.

Security-sensitive Dangerous Substances (SSDS) Permits and Responsible Worker Statuses

A significant risk would arise in relation to the health or safety of workers or the public, if these registrations are not excluded from ADR. The risk arises due to substantial differences between jurisdictions for the issuing of these registrations, including in relation to the standard of fit and proper person tests.

The risk associated with these issues is significant due to the nature of the activities that these registrations involved. They deal with dangerous substances and allow workers to engage in high risk activities, such as the transport, use, manufacture and storing of explosives. Misuse or mishandling of dangerous substances poses a significant risk to the health and safety of both workers and the public.

A five-year exemption is the most appropriate way to manage this risk, as it will provide time for appropriate legislative changes to be considered and implemented.

High Risk Work Licence (HRWL) Assessors

A significant risk would arise in relation to the health or safety of workers or the public, if HRWL assessors are not excluded from ADR. The risk arises due to the substantial differences between jurisdictions as to the accreditation of, and conditions imposed upon, HRWL Assessors.

This means that assessors seeking to work under AMR may not assess HRWLs in Tasmania to the expected standard, which creates a significant risk if HRWLs are issued when they would not otherwise be. A HRWL allows the holder to engage in high risk activities, which, if not performed correctly, could result in injury or death to either the HRWL holder, or other members of the public. Additionally, operating requirements relating to high risk activities can differ between jurisdictions, meaning the HRWL assessor needs to be able to assess the licence based on Tasmanian requirements.

A five-year exemption is the most appropriate way to manage this risk, as it will provide time for further cross-jurisdictional consultation to take place, and solutions to be developed and implemented to mitigate the current risks.

Subsection 4 provides a self-repeal date for section 6 of 30 June 2030.

 

 

Roger Jaensch

Minister for Finance (Tasmania)

 

 

 

Overview

The Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025 was enacted to address significant risks to the health and safety of workers and the public arising from occupational registrations that would otherwise be subject to Automatic Mutual Recognition (AMR) under the Mutual Recognition Act 1992. This legislation was introduced by the Minister for Finance of Tasmania and is effective from 1 July 2025 to 30 June 2030. The primary purpose of the Declaration is to exclude certain occupational registrations from the AMR process, thereby requiring individuals to obtain local Tasmanian registrations before engaging in the specified activities. The decision to exempt these registrations was informed by detailed consultations with relevant stakeholders, including WorkSafe Tasmania, and was made to allow time for appropriate legislative measures to be considered and implemented to mitigate identified risks. The Declaration is grounded in the understanding that certain activities, particularly those involving dangerous substances and high-risk work, necessitate stringent local oversight to ensure safety and compliance with Tasmanian standards.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025 pertains to the exclusion of certain occupational registrations from the automatic mutual recognition framework under the Mutual Recognition Act 1992 (MRA) of the Commonwealth, effective from 1 July 2025 until 30 June 2030. This Declaration applies to specific registrations identified as posing a significant risk to the health or safety of workers or the public within Tasmania, thereby exempting these registrations from the automatic deemed registration provisions that allow individuals to carry on activities in another state under their home state's registration. The excluded registrations include Security-Sensitive Dangerous Substances (SSDS) Permits and Responsible Worker Statuses, which involve the handling of dangerous substances, and High Risk Work Licence (HRWL) Assessors, who are responsible for assessing high-risk work licences. These exclusions are necessitated by the significant risks arising from substantial jurisdictional differences in the issuance and standards of these registrations. The Declaration is made under section 42S of the MRA and is not subject to disallowance as it meets the requirements under subsection 44(1) of the Legislation Act 2003. The exemptions will self-repeal on 30 June 2030.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025, which amends the Mutual Recognition Act 1992 (MRA), outlines specific exemptions from the automatic mutual recognition of occupational registrations (AMR) in Tasmania for the period from 1 July 2025 to 30 June 2030 (section 1). The Declaration, which comes into effect on 1 July 2025 (section 2), is made under section 42S of the MRA (section 3). It provides a simplified outline of the instrument's purpose, including the exclusion of specified registrations from ADR, the application of the exclusion, and the duration of the exemption (section 4). The Declaration includes self-explanatory definitions of key terms, such as the MRA (section 5). It lists specific registrations excluded from ADR, including Security-sensitive Dangerous Substances (SSDS) Permits and Responsible Worker Statuses, and High Risk Work Licence (HRWL) Assessors, due to significant risks to health or safety arising from jurisdictional differences (section 6). The Declaration imposes obligations on parties and entities to ensure compliance with the exclusions outlined in the instrument. For example, individuals wishing to carry out activities associated with the exempted registrations in Tasmania must obtain the relevant registration from the Local Registration Authority (LRA) in Tasmania (section 6). The Minister for Finance (Tasmania) is responsible for ensuring that the exclusions are necessary to protect consumer protection, the environment, animal welfare, or the health or safety of workers or the public. The Minister must also consult with relevant stakeholders, including regulators, registered training organisations, and cross-jurisdictional regulator bodies, to ensure appropriate and practical exemption arrangements. The Declaration does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the MRA and other relevant legislation may provide for penalties and consequences for non-compliance. For example, individuals who carry out activities in Tasmania without the required registration may be subject to fines, imprisonment, or both under the MRA or other relevant legislation. The Minister for Finance (Tasmania) is responsible for ensuring that the exclusions are necessary to protect consumer protection, the environment, animal welfare, or the health or safety of workers or the public. The Minister must also consult with relevant stakeholders, including regulators, registered training organisations, and cross-jurisdictional regulator bodies, to ensure appropriate and practical exemption arrangements.

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