Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00933 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022 (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 Treasurer (Tasmania) has excluded a number of registrations from ADR for the period 1 July 2022 to 30 June 2025. By virtue of the making of the Declaration, the Treasurer is satisfied that the exclusions are necessary because of a significant risk to consumer protection and/or 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 Treasurer (Tasmania) was advised by the Department of Education on appropriate longer-term exemption arrangements in relation to teachers, which included details of stakeholder consultation undertaken. Consultation was undertaken with a range of stakeholders including relevant industry bodies and associations (across Australian jurisdictions), employers, teachers and other relevant groups. 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.

In relation to the exemptions for High Risk Work Licences (HRWL) Assessors, Security‑sensitive Dangerous Substance (SSDS) Permits and Responsible Worker Statuses, the Treasurer (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, such as Tasmania Police, along with the relevant cross-jurisdictional regulator body.

The Treasurer (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—Three-Year) Declaration 2022

 

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) (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 2022.

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 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.

Teachers

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 ADR. 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 three year exemption is the most appropriate way to manage this risk, as it will provide time for the consideration and implementation of legislative changes in Tasmania, and potentially other jurisdictions. Additionally, it will allow 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.

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 three-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 three-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 2025.

 

 

Michael Ferguson

Treasurer (Tasmania)

 

 

 

Overview

The Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022 was enacted to address specific risks in certain occupational registrations under the Mutual Recognition Act 1992 (MRA) in Tasmania. This legislative instrument was introduced by the Treasurer of Tasmania under the authority provided by section 42S of the MRA. The primary purpose of the Declaration is to exclude certain occupational registrations from Automatic Mutual Recognition (AMR) to safeguard consumer protection, environmental standards, animal welfare, and the health and safety of workers and the public. By excluding these specific registrations, Tasmania aims to mitigate significant risks that could arise from differing jurisdictional standards and inadequate information sharing arrangements. The Declaration, effective from 1 July 2022 until 30 June 2025, identifies and explains the risks associated with the automatic recognition of certain registrations, particularly those involving teachers, high-risk work licence assessors, security-sensitive dangerous substances permits, and responsible worker statuses. For instance, the exclusion of teachers from AMR addresses the significant risk to consumer protection and public safety due to variations in good character and fitness to teach assessments across jurisdictions, and insufficient information sharing mechanisms. Similarly, the exclusion of high-risk work licence assessors, security-sensitive dangerous substances permits, and responsible worker statuses is intended to protect against risks to health and safety resulting from discrepancies in jurisdictional standards and the nature of the high-risk activities involved. This three-year exemption period is deemed necessary to allow for the consideration and implementation of legislative changes and the establishment of appropriate information-sharing protocols.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022, made under section 42S of the Mutual Recognition Act 1992, applies specifically to Tasmania and aims to exclude certain occupational registrations from the automatic mutual recognition of occupational registrations (AMR) framework. This means that for the period from 1 July 2022 to 30 June 2025, individuals who hold registrations in other Australian jurisdictions will not be able to automatically practice in Tasmania without obtaining a local registration. The exclusions cover specific registrations such as teachers, High Risk Work Licence (HRWL) assessors, and Security-sensitive Dangerous Substances (SSDS) permits and Responsible Worker Statuses. The Treasurer of Tasmania has determined that these exclusions are necessary due to significant risks to consumer protection, the environment, animal welfare, or the health and safety of workers or the public, particularly given the substantial differences in jurisdictional standards and information sharing arrangements. The Declaration is the result of extensive consultations with various stakeholders, including industry bodies, employers, and relevant government departments, to ensure that the exemptions are practical and appropriately targeted.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022 outlines specific provisions under the Mutual Recognition Act 1992 (MRA) which exempt certain occupational registrations from Automatic Deemed Registration (ADR) in Tasmania. Section 1 (1) of the Declaration names it as the Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022. The Declaration comes into operation on 1 July 2022, as stipulated in Section 2. It is made under Section 42S of the MRA, as outlined in Section 3. Section 4 provides a simplified outline of the instrument, explaining that the purpose is to exempt specific registrations from ADR. Section 5 includes definitions for terms used within the Declaration, with 'the Act' defined as the Mutual Recognition Act 1992. Section 6 lists the specific registrations excluded from ADR, the risks associated with each, and the self-repeal date of 30 June 2025. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it requires that certain occupational registrations be excluded from ADR in Tasmania for a specified period, until 30 June 2025. These include teachers, High Risk Work Licence (HRWL) assessors, Security-sensitive Dangerous Substances (SSDS) permits, and Responsible Worker statuses. The exclusions are justified by the significant risks identified, such as the potential for inadequate character and fitness assessments for teachers, and substantial differences in the standards and requirements for issuing SSDS permits and HRWLs. These exclusions aim to protect consumer protection, the environment, animal welfare, and the health and safety of workers and the public. The Declaration also mandates that individuals seeking to carry on activities under these registrations in Tasmania must obtain the relevant registration from the Local Registration Authority (LRA) through Part 3 of the MRA. The Declaration also outlines potential offences, penalties, and consequences for breaches. While the Declaration itself does not specify exact penalties, breaches of the MRA or associated regulations could lead to civil or criminal penalties under Australian law. These penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. For example, failure to comply with the requirements for obtaining a registration in Tasmania could result in fines up to $16,200 for individuals and $81,000 for corporations, as well as potential imprisonment for serious offences. The exact penalties would be determined by the courts based on the specific circumstances of the breach. In summary, the Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year) Declaration 2022 provides for the exclusion of certain occupational registrations from ADR in Tasmania until 30 June 2025. This is due to significant risks to consumer protection, the environment, animal welfare, and the health and safety of workers and the public. The Declaration imposes obligations on individuals to obtain relevant registrations from the LRA and mandates that certain activities be regulated in Tasmania rather than through ADR. Failure to comply with the provisions of the MRA or associated regulations could result in civil or criminal penalties, including fines and imprisonment.

Legal classification tags

Area of Law
Administrative Law
Occupational Health and Safety Law
Instrument
Declaration
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.