Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024

Administered by Department of Employment and Workplace Relations

Legislation au F2024L01174 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024 (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.

Summary

Through this Declaration, the Minister for Finance (Tasmania) has excluded teacher registrations from ADR for the period 1 July 2025 to 30 June 2027. 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 consumer protection and 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 the Minister for Education on appropriate longer-term exemption arrangements in relation to teachers, which included details of stakeholder consultation undertaken. Consultation was previously undertaken with a range of stakeholders including relevant industry bodies and associations (across Australian jurisdictions), employers, teachers and other relevant groups. The Tasmanian Commission of Inquiry into the Tasmanian Government's responses to Child Sexual Abuse in Institutional Settings (the CoI) has also informed the need for an additional exemption. The consultation supported consideration of the risks specific to teaching, the circumstances and conditions in Tasmania that give rise to these risks, future mitigation strategies, and the appropriate length of an exemption.

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 ensured that persons likely to be affected by the proposed Declaration had an adequate opportunity to comment on its proposed content.

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—Teachers) Declaration 2024

 

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024 (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) (the MRA).

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to exempt specified registrations from the automatic deemed registration 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 automatic deemed registration, 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 automatic deemed registration. This means that an individual cannot carry on the activities authorised under the registrations listed in column 1 in the 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.

A significant risk would arise in relation to consumer protection, and the health and safety of the public (in particular, students), if teachers are not excluded from automatic deemed registration. This risk arises due to differences between jurisdictions in the use and extent of good character and fitness to teach tests, as well as inadequate information sharing arrangements which do not currently allow for the timely and accurate sharing of information between jurisdictions.

The risk associated with these issues is significant as it means that teachers seeking to work under AMR may not meet the relevant standard required in Tasmania, as they may not have been assessed to the same degree. Additionally, it may not be possible to obtain pertinent information about teachers seeking to work under AMR, which could, if known, prevent them from being registered in the State. Given teachers work with vulnerable people (children), the risks are considered to be significant.

A further two-year exemption is the most appropriate way to manage this risk, as it will provide additional time for appropriate information sharing arrangements to be put in place between jurisdictions, to ensure that the local registration authority can access accurate information on teachers seeking to work under AMR in a timely manner.

Subsection 4 provides a self-repeal date for section 6 of 30 June 2027.

 

 

Nic Street MP

Minister for Finance (Tasmania)

 

 

 

Overview

The Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024, made under the Mutual Recognition Act 1992, seeks to address specific risks identified in Tasmania concerning teacher registrations that could impact consumer protection and the health and safety of the public, particularly students. The Declaration, effective from 1 July 2025 until 30 June 2027, excludes teacher registrations from the automatic mutual recognition process, ensuring that teachers seeking to work in Tasmania must obtain a local registration. This decision was made following consultations with various stakeholders and was influenced by findings from the Tasmanian Commission of Inquiry into the Tasmanian Government's responses to Child Sexual Abuse in Institutional Settings. The Minister for Finance (Tasmania) determined that these exclusions are necessary due to the significant risk posed by differences in good character and fitness to teach tests, as well as inadequate information-sharing arrangements between jurisdictions, which could result in teachers not meeting the required standards in Tasmania.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024, made under section 42S of the Mutual Recognition Act 1992, applies specifically to the exclusion of teacher registrations from Automatic Deemed Registration (ADR) in Tasmania from 1 July 2025 to 30 June 2027. This legislation applies to individuals who hold or seek to hold teacher registrations and excludes them from the automatic recognition of their occupational qualifications across state lines, thereby requiring them to obtain a separate registration in Tasmania to practice. The Declaration was motivated by significant risks to consumer protection, particularly the health and safety of students, due to inconsistencies in character and fitness assessments, and inadequate information sharing among jurisdictions. This measure aims to safeguard students and ensure that teachers meet the required standards in Tasmania. The exemption is confined to Tasmania and does not extend to other states or territories, reflecting the unique circumstances and risks identified within this jurisdiction. The Declaration does not apply to other professions or occupations, and there are no specified exclusions or exemptions other than those outlined for teacher registrations. The Declaration will automatically cease to have effect on 30 June 2027, barring any further legislative action.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024, under section 42S of the Mutual Recognition Act 1992 (MRA), aims to exclude teacher registrations from Automatic Deemed Registration (ADR) for the period from 1 July 2025 to 30 June 2027. This exclusion is due to the significant risks to consumer protection, and the health and safety of workers and the public, primarily students, arising from differences in character and fitness tests between jurisdictions and inadequate information sharing arrangements. The Declaration specifies that teachers cannot carry out activities under their registrations without first obtaining the appropriate registration from the Local Registration Authority (LRA) in Tasmania. The Minister for Finance (Tasmania) has been advised by the Minister for Education on the need for these exemptions, taking into account the findings of the Tasmanian Commission of Inquiry into Child Sexual Abuse in Institutional Settings and consultations with various stakeholders. The Declaration imposes specific obligations on the entities it governs. The Minister for Finance (Tasmania) is responsible for ensuring that teacher registrations are excluded from ADR, thereby preventing individuals from practising in Tasmania without obtaining the necessary local registration. This exclusion aims to protect vulnerable groups, such as students, from potential harm by ensuring that teachers meet the rigorous standards required in Tasmania. The Local Registration Authority (LRA) in Tasmania will be responsible for processing and assessing applications for teacher registrations from individuals seeking to work in Tasmania under the exemption period. The LRA will need to ensure that these individuals meet the local standards and criteria for registration, which may include assessments of character and fitness, as well as background checks. This process ensures that only those who meet the required standards are allowed to practice in Tasmania during the exemption period. The Declaration does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the underlying legislation, the Mutual Recognition Act 1992, generally provides for sanctions in cases of non-compliance. Typically, breaches of the MRA can lead to civil and criminal penalties, including fines and imprisonment. For example, under section 45 of the MRA, a person who contravenes a provision of the Act may be subject to a pecuniary penalty not exceeding the greater of $22,200 or three times the value of any benefit obtained through the contravention. Additionally, under section 46, a person who wilfully or recklessly contravenes a provision of the Act may be subject to imprisonment for a term not exceeding two years. These penalties are intended to enforce compliance and ensure that the objectives of the MRA, such as consumer protection and public safety, are upheld.

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