Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (04/02/2009)

Administered by Department of Education, Department of Industry, Science and Resources

Legislation au F2009L01133 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Ministerial declaration made pursuant to section 32

 

Authority for making the instrument

Section 32 of the Mutual Recognition Act 1992 (the Act) provides that Ministers from two or more States and Territories may jointly declare occupations registered by jurisdictions to be equivalent, and may specify or describe any conditions necessary to achieve equivalence.

 

Purpose of the instrument

The Act provides for mutual recognition of regulatory standards across the States and Territories of Australia relating to goods and occupations. In relation to occupations (section 32 of the Act), the Act provides that people who are registered to work in an occupation in one jurisdiction are entitled to be registered to carry on work in an equivalent occupation in other jurisdictions.

The purpose of the instrument is to declare a range of equivalent occupations across States and Territories. Under existing mutual recognition arrangements, a person registered in an occupation in one State or Territory is entitled to registration in another jurisdiction where the registered occupation is substantially the same. The person makes an application to the registration authority, which then decides on the equivalent licence on a case-by-case basis. The effect of the declaration will be to improve arrangements so that an application for mutual recognition of a licence will be treated on a consistent and pre-determined basis. The schedules to the declaration indicate the equivalent licence in a second jurisdiction to which an applicant is entitled. This will provide certainty for both applicants and registration authorities.

The declaration stems from a decision of the Council of Australian Governments (COAG) in February 2006 requesting the implementation of full and effective mutual recognition of occupational licences for vocationally-trained occupations. The declaration covers a number of occupations identified as priority occupations. It is intended that other vocationally-trained occupations will be included in later declarations.

 

Schedules to the declaration

There are 7 schedules attached to the declaration, each covering a different occupational group, as follows:

Schedules to the Declaration

Schedule  number

Occupations

1

Driving Instructors

2

Drivers Transporting Bulk Dangerous Goods and Explosives

3

Miscellaneous Licences (Pilot and Escort Vehicle Drivers)

4

Passenger Vehicle Drivers

5

Property Agents

6

Valuers

7

Conveyancers

 

In using any of the schedules, a person holding a licence issued in one state or territory may find their licence in Column A, and look across the corresponding row of the table to find the equivalent licence to which he or she is entitled in a second state or territory. Registration shall be granted by the second jurisdiction in the terms specified provided the applicant is already registered in the equivalent occupation in the first jurisdiction.  For example, in Schedule 1 – Driving Instructors – Row 1, a person holding the NSW ‘Driving Instructor Licence (Class C)’ shown in Column A is entitled in Victoria (Column C) to the licence titled ‘Driving Instructor Authority (Class C Only)’, in Queensland (Column D) to the licence titled ‘Driver Trainer (Class C)’, and so on.

In some cases, conditions have been specified to achieve equivalence. Where coding is used to indicate these conditions, the key to the codes is displayed at the end of each Schedule.

Not all occupations are regulated in all jurisdictions: in such cases this is indicated in schedules as “Not licensed in this jurisdiction’. Where, for various reasons, an equivalent licence has not been identified, the statement ‘No equivalent declared’ is indicated in a schedule. In these cases, the Notes to the declaration indicate that a decision on licence recognition will be made by the relevant registration authority in accordance with the other provisions of the Act.

It is intended that the declaration will be updated as required.

 

Consultation

Extensive consultation has occurred in the preparation of the declaration. Action Groups comprising State and Territory registration authorities, employer and employee bodies, and training authorities have been involved in a comprehensive process of development of the schedules for each occupation that accompany the declaration.  A COAG Steering Committee comprising representatives of the Commonwealth and all State and Territory governments has overseen this process.

 

Parliamentary scrutiny

Declarations made pursuant to section 32 of the Act are not subject to disallowance (see item 27 to the table at subsection 44(2) of the Legislative Instruments Act 2003) or to sunsetting (see item 25 to the table at subsection 54(2) of the Legislative Instruments Act 2003).

 

Commencement

The instrument commences on the day after the day on which the instrument is registered on the Federal Register of Legislative Instruments.

 

 

 

Overview

The Mutual Recognition Act 1992, enacted to facilitate the mutual recognition of regulatory standards across Australian states and territories, addresses the need for streamlined processes in the recognition of professional and occupational qualifications. This Act allows Ministers from multiple jurisdictions to declare occupations to be equivalent, thereby ensuring that professionals registered in one jurisdiction can easily obtain registration in others. The primary objective is to eliminate inconsistencies and reduce barriers for professionals seeking to practise across state and territory borders. The Act was enacted by the Parliament of Australia, reflecting a policy objective to enhance the efficiency of occupational regulation and support the mobility of skilled workers. The Act's approach ensures that qualified professionals can swiftly transition between jurisdictions without facing extensive bureaucratic hurdles, thereby fostering a more integrated national market for professional services.

Scope and Application

The Mutual Recognition Act 1992 applies to individuals and entities involved in occupations and industries across Australia, facilitating the recognition of regulatory standards for occupations and goods among the various states and territories. The Act aims to ensure that professionals registered in one jurisdiction can easily obtain equivalent recognition in another jurisdiction, thereby streamlining the process for occupational licensing and reducing barriers to interstate work. The legislation covers a range of occupational groups, as detailed in the attached schedules, and is intended to provide certainty and consistency for both applicants and registration authorities. The geographic reach of the Act is national, encompassing all states and territories within Australia. However, it is important to note that not all occupations are regulated in every jurisdiction, and where this is the case, the schedules will indicate "Not licensed in this jurisdiction." The Act can extend or restrict its application through subordinate instruments, which may specify additional conditions or details necessary to achieve the equivalence of occupational standards. The declaration made pursuant to section 32 of the Act is not subject to disallowance or sunsetting, ensuring its continued application and effectiveness in promoting mutual recognition across Australia.

Key Provisions

The Mutual Recognition Act 1992 (the Act) facilitates the recognition of regulatory standards across the States and Territories of Australia for goods and occupations. Section 32 of the Act allows Ministers from two or more States and Territories to declare that certain occupations registered by jurisdictions are equivalent and to specify any conditions necessary to achieve such equivalence. The main objective of the Ministerial Declaration is to standardise the recognition of occupational licences across different jurisdictions, thereby providing clarity for applicants and registration authorities alike. This is achieved through the declaration of equivalent occupations in seven schedules, each pertaining to a specific occupational group. The declaration imposes obligations on the parties involved, particularly on applicants who hold a licence in one jurisdiction and wish to practice in another. These applicants must refer to the relevant schedule to determine the equivalent licence they are entitled to in the second jurisdiction. If the occupation is regulated in the second jurisdiction, the corresponding licence will be listed, and registration should be granted under the terms specified. For example, under Schedule 1 – Driving Instructors, a person holding a NSW ‘Driving Instructor Licence (Class C)’ would be entitled to a ‘Driving Instructor Authority (Class C Only)’ in Victoria. However, if the occupation is not regulated in the second jurisdiction, the schedule will indicate ‘Not licensed in this jurisdiction’, and the applicant will need to seek a decision from the relevant registration authority in accordance with the Act's provisions. Breach of the terms set out in the schedules could lead to complications in the recognition of occupational licences. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the declaration, any failure to adhere to the declared equivalences could result in disputes or challenges in obtaining the equivalent licence in the second jurisdiction. This could potentially lead to legal action if an applicant believes their rights under the Act have been infringed. It is important for applicants and registration authorities to carefully follow the guidelines in the schedules to avoid any such issues.

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Area of Law
Regulatory Standards
Instrument
Legislative Instrument
Concepts
Regulatory Standards
Consultation Requirements
Regulatory Discretion
Equivalence Determination

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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.