MUTUAL RECOGNITION ACT 1992 – S.32
Ministerial Declaration
Whereas no underground coal mines exist in Western Australia, we jointly declare
that as from 9 December 1995:
(a) the occupation which may be carried on only by a person granted a Western
Australian Certificate Item A in Schedule 1; and
(b) the occupation which may be carried on only by a person granted a New South
Wales Certificate Item B in Schedule 1.
are equivalent.
21 May
Dated this----------day of------------------2004
The Honourable Clive Brown MLA
Western Australian Minister for State Development
5 April
Dated this----------day of-------------------2004
The Honourable Kerry Hickey MP
New South Wales Minister for Mineral Resources
SCHEDULE 1
DOMAINS OF MINING BEING LEGALLY APPLICABLE TO THE STATUTORY CERTIFICATES OF MINE MANAGEMENT COMPETENCY HEREUNDER, FOR WESTERN AUSTRALIA AND NEW SOUTH WALES
The hatched domain indicates there are no underground coal mines in Western Australia.
The table only depicts those certificates referenced in Ministerial Declaration.
DOMAIN | COAL |
Open Cut | Western Australia: Item A New South Wales: Item B |
Underground | Western Australia: Item A |
Item | State | Certificate | Statute |
A | WA | First Class Coal Mine Manager’s Certificate of Competency | Mines Safety & Inspection Regulation (WA) 1995 |
B | NSW | Open Cut Mine Manager’s Certificate of Competency (Open Cut Coal Mines) Any certificate that may
correspond to the above,
under the Coal Mine Health & Safety Act 2002 and
corresponding regulations, when they commence | Part 2, Divisions 2, 3 and 4
of the Coal Mines Regulation act 1982 No. 67 as amended Coal Mine Health & Safety Act 2002 (and relevant regulations that may be made under it) |
Overview
The Mutual Recognition Act 1992 was enacted to facilitate the mutual recognition of professional qualifications and occupational licenses across Australian states and territories, thereby enhancing workforce mobility and economic efficiency. The Act was introduced to address the problem of jurisdictional barriers that prevented professionals and workers from practising in states other than their own without additional, often redundant, qualifications or licenses. This legislative instrument aims to streamline the recognition process, ensuring that qualifications and licenses granted in one state are recognised in others, thereby promoting a more cohesive national market.
This specific legislative instrument, F2008B00382, concerns a Ministerial Declaration signed by the Western Australian Minister for State Development, The Honourable Clive Brown MLA, and the New South Wales Minister for Mineral Resources, The Honourable Kerry Hickey MP. The declaration, dated 9 December 1995, confirms the equivalence of occupational certificates related to mine management competency for coal mining, specifically for open-cut operations, between the two states. The policy objective of this declaration is to ensure that the skills and competencies of mine managers certified in New South Wales are recognised in Western Australia, and vice versa, thereby facilitating the movement of skilled workers and enhancing safety standards in coal mining operations across both jurisdictions.
Scope and Application
The Mutual Recognition Act 1992, specifically under section 32, outlines a Ministerial Declaration between Western Australia and New South Wales regarding the equivalency of occupational certificates for certain mining roles. The declaration applies to the occupation of coal mine management, specifically recognising the Western Australian Certificate Item A in Schedule 1 and the New South Wales Certificate Item B as equivalent. This equivalence allows for the recognition of competency certificates across both states, facilitating the movement and employment of skilled personnel in the coal mining industry. The Act pertains to individuals holding or seeking to hold these certificates and the industries they serve, particularly coal mining operations, both open cut and underground, although it is noted that there are no underground coal mines in Western Australia. The scope of the Act is jurisdictional, applying within the boundaries of Western Australia and New South Wales, and it does not extend beyond these states unless otherwise specified through subordinate instruments. The declaration specifies the competencies required for the management of open-cut coal mines and implicitly acknowledges the absence of underground coal mines in Western Australia, thereby excluding those domains from direct comparison.
Key Provisions
The Mutual Recognition Act 1992, specifically section 32, facilitates the mutual recognition of qualifications and occupations between states, in this case, Western Australia and New South Wales. Section 32 sets out a Ministerial Declaration, which declares that certain mining occupations are equivalent between the two states, despite Western Australia having no underground coal mines (section 32(a) and (b)). This recognition is tied to the specific certificates of mine management competency, as outlined in Schedule 1. The hatched domain in the schedule visually represents the absence of underground coal mines in Western Australia.
Under this Act, the obligations imposed on the parties, notably the Western Australian and New South Wales Ministers, include the formal declaration of equivalence for specified mining occupations. This declaration ensures that qualifications obtained in one state are recognised in the other, promoting a standardised approach to mine management competency across the states. The Act mandates that the Ministers ensure the equivalence is accurately documented and that the respective certificates of competency are acknowledged in both jurisdictions.
Breaches of the provisions under the Mutual Recognition Act 1992 may result in various civil or criminal consequences, although specific offences and penalties are not detailed in the provided excerpt. Typically, penalties for non-compliance with legislative instruments in this context might include fines or other regulatory actions as prescribed under related statutes. The exact nature and extent of penalties would depend on the specific breach and the governing regulations of the respective states.