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 13 schedules attached to the declaration, each covering a different occupational group, as follows:
Schedule number | Occupation |
1 | Carpenters |
2 | Joiners |
3 | Bricklayers |
4 | Builders |
5 | Plumbing Occupations - Licences |
6 | Plumbing Occupations - Registrations |
7 | Automotive Gas Installers |
8 | Air-conditioning and Refrigeration Mechanics |
9 | Electricians |
10 | Electrical Fitters |
11 | Cable Jointers |
12 | Lineworkers |
13 | Restricted Electrical Licences |
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. For example, in Schedule 2 – Joiners – Row 1, a person holding the NSW licence ‘Contractor Licence-Joinery’ shown in Column A is entitled in Victoria (Column C) to the licence titled ‘Domestic Builder – Limited – Cabinet–making and Joinery (Class N)’, in Queensland (Column D) to the licence titled ‘Trade Contractor Licence – Joinery’, 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.
February 2007
Overview
The Mutual Recognition Act 1992 was enacted to facilitate the mutual recognition of regulatory standards across the States and Territories of Australia concerning goods and occupations. This legislation enables Ministers from two or more States and Territories to declare occupations registered by jurisdictions to be equivalent, specifying any necessary conditions to achieve such equivalence. The Act seeks to streamline the process for individuals to be registered to work in an equivalent occupation in different jurisdictions, thereby reducing the need for case-by-case assessments by registration authorities. The purpose of the declaration under section 32 of the Act is to predetermine the equivalent occupations across various jurisdictions, thus providing certainty for both applicants and registration authorities, and improving the arrangements for mutual recognition of occupational licenses. This legislative initiative follows a decision by the Council of Australian Governments in February 2006 to implement full and effective mutual recognition of occupational licenses for vocationally-trained occupations.
Scope and Application
The Mutual Recognition Act 1992 applies to registered occupations across Australia, facilitating the recognition of professional qualifications and licenses between states and territories. This Act ensures that individuals who are registered to work in a specific occupation in one jurisdiction are entitled to have their registration recognised in equivalent occupations across other jurisdictions. The Act's primary purpose is to establish a consistent and pre-determined basis for the mutual recognition of occupational licenses, particularly for vocationally-trained occupations, thereby providing certainty for both applicants and registration authorities. The declaration covers thirteen different occupational groups, including carpenters, joiners, bricklayers, and electricians, among others, as detailed in the schedules attached to the instrument. These schedules indicate the equivalent licenses to which an applicant is entitled in other jurisdictions, with conditions specified where necessary to achieve equivalence. While the Act is designed to provide a streamlined process for mutual recognition, it is not exhaustive, and there may be cases where an equivalent license has not been declared, in which case, decisions will be made by the relevant registration authorities in line with the Act's provisions.
Key Provisions
The Mutual Recognition Act 1992 provides a framework for the mutual recognition of regulatory standards across the States and Territories of Australia. The Act includes a provision (section 32) allowing Ministers from two or more jurisdictions to declare certain occupations as equivalent and to specify any necessary conditions to achieve this equivalence. The declaration, pursuant to section 32, identifies a range of occupations across different jurisdictions as equivalent, facilitating the process for professionals to obtain registration in another state or territory without having to undergo additional training or assessments. The declaration covers 13 different occupational groups, each outlined in a separate schedule attached to the instrument. These schedules list the licences issued in one jurisdiction and their equivalents in other jurisdictions, providing a clear guide for applicants and registration authorities.
The declaration imposes several obligations on the parties it governs. Firstly, it requires registration authorities in each jurisdiction to recognise the licences specified in the schedules as equivalent to those issued within their own jurisdictions. This means that when a professional holds a licence from one state or territory, they should be granted an equivalent licence in another jurisdiction without additional scrutiny, as long as the occupation and licence type are listed in the schedules. Secondly, the declaration necessitates that registration authorities adhere to the conditions specified to achieve equivalence, which may include additional qualifications, experience, or examinations. This ensures that the professional standards are maintained across all jurisdictions.
Breach of the obligations imposed by the declaration could lead to legal consequences. While the declaration itself does not specify penalties for non-compliance, the Mutual Recognition Act 1992 provides for penalties in other sections. For example, section 50 of the Act provides for a maximum penalty of $22,200 for civil penalties and $44,400 for criminal penalties for breaches of the Act. These penalties are intended to ensure compliance with the mutual recognition arrangements and maintain the integrity of the professional standards across jurisdictions. Non-compliance could also result in legal action from affected professionals who are denied equivalent recognition, potentially leading to costly litigation and reputational damage for the registration authorities involved.