Mutual Recognition Amendment (Automatic Deemed Registration Notification — Western Australia) Determination 2024

Administered by Department of Employment and Workplace Relations

Legislation au F2024L00538 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024

Mutual Recognition Act 1992

This explanatory statement provides notes on the operation of the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 (the Determination). The specific provisions in the Determination are outlined in Attachment A. The information in the explanatory statement is an aid to understand the Determination and should not be substituted for the Determination.

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MR Act) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide an entitlement for 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 a determination that requires a person who intends to carry on an activity in reliance of ADR to notify the local registration authority for the occupation before the person begins to carry on the activity. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Determination, the Premier of Western Australia requires a person to notify a local registration authority before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in Western Australia. Sections 1 to 4 of the Determination commences the day after the instrument is registered, Schedule 1 of the Determination commences on 1 July 2024, and Schedule 2 of the Determination commences on 1 July 2025.

Consultation

The Western Australian Government consulted with the local registration authorities who register individuals in which the notification requirement will apply. The Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Determination and drew on the knowledge of relevant subject matter experts. 

 


Attachment A

Details of the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024

Part 1 – Preliminary

Section 1 – Name

This section provides that this Determination is to be cited as the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 (the Determination).

Section 2 – Commencement

This section provides the dates on which the Determination comes into operation. Sections 1 to 4 of the Determination commences the day after the instrument is registered, Schedule 1 of the Determination commences on 1 July 2024, and Schedule 2 of the Determination commences on 1 July 2025.

Section 3 – Authority

This section outlines the authority through which the Determination is made. The Determination is made under subsection 42J(4) of the Mutual Recognition Act 1992 (Commonwealth).

Section 4 – Schedules

This section sets out that each instrument specified in the Determination’s Schedules is amended or repealed as set out.

Schedule 1

The Determination is made in accordance with subsection 42J(4) of the Mutual Recognition Act 1992 (Commonwealth). A person intending to carry on at least one of the activities covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity in Western Australia without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.

From 1 July 2024, notification under subsection 42J(4) is required in Western Australia for a registration under the Building Services (Registration) Act 2011 as any one of the following:

  • A building practitioner;
  • A building surveying practitioner level 1 or 2;
  • A building surveying practitioner technician;
  • A painting practitioner;
  • A building contractor (individual);
  • A building surveying contractor level 1 or 2 (individual);
  • A building engineering practitioner, structural – professional, technologist or associate;
  • A building engineering practitioner, fire safety – professional;
  • A building engineering practitioner, fire systems – technologist or associate;
  • A building engineering contractor – professional (individual), technologist (individual) or associate (individual);
  • A building engineering contractor, fire systems – technologist (individual) or associate (individual).

Schedule 2

The Determination is made in accordance with subsection 42J(4) of the Mutual Recognition Act 1992 (Commonwealth). A person intending to carry on at least one of the activities covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity in Western Australia without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.

From 1 July 2025, notification under subsection 42J(4) is required in Western Australia for a registration under the Building Services (Registration) Act 2011 as any one of the following:

  • A building engineering practitioner, civil – professional, technologist or associate;
  • A building engineering practitioner, mechanical – professional, technologist or associate.

 

 

 

 

Hon Roger Cook MLA

Premier (Western Australia)

 

Overview

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 was enacted to address the need for notification requirements for individuals intending to carry on specified activities in Western Australia under the Automatic Deemed Registration (ADR) provisions of the Mutual Recognition Act 1992. This Determination was made under subsection 42J(4) of the MR Act, which provides for the automatic mutual recognition of occupational registrations. The policy objective of this Determination is to ensure that individuals who wish to engage in certain activities in Western Australia must notify the relevant local registration authority before doing so, thereby ensuring compliance with state-specific regulatory requirements. The enactment of this Determination aims to provide a structured framework for individuals to follow, ensuring they meet the necessary notification criteria to operate within the state's regulatory environment.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 applies to individuals intending to carry out specific activities within Western Australia under the Mutual Recognition Act 1992. This legislation requires these individuals to notify the local registration authority before beginning their activities, ensuring compliance with occupational registration standards. The act applies to various building-related occupations, such as building practitioners, building surveying practitioners, painting practitioners, and building engineering practitioners, as specified in the Building Services (Registration) Act 2011. The notification requirement is effective from 1 July 2024 for some categories of registrations and from 1 July 2025 for others, as outlined in the schedules of the Determination. The scope of this legislation is limited to Western Australia, and it does not explicitly state any exclusions or exemptions, thereby applying broadly to all specified occupations within the jurisdiction. The Act's application can be extended or modified through subordinate instruments as necessary.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 (the Determination) outlines specific provisions for individuals intending to carry on activities in Western Australia under the Mutual Recognition Act 1992 (MR Act) (Sections 1 to 4). The Determination mandates that an individual must notify the local registration authority before commencing an activity in Western Australia if they rely on Automatic Deemed Registration (ADR) from another state. This notification requirement applies to certain building services registrations listed in Schedule 1 and Schedule 2 of the Determination. Specifically, from 1 July 2024, individuals must notify the local registration authority if they intend to carry on activities such as building practitioner, building surveying practitioner, painting practitioner, and various engineering and contracting roles in building services. From 1 July 2025, the notification requirement will extend to include civil and mechanical engineering practitioners. The Determination imposes the obligation on individuals to notify the relevant local registration authority before carrying out these activities under ADR. Failure to notify as required may result in legal consequences, although the Determination does not specify the exact penalties or consequences for non-compliance. It is essential for individuals to adhere to these notification requirements to ensure their activities in Western Australia are compliant with the Mutual Recognition Act. The Determination requires individuals to notify the local registration authority before engaging in activities covered by the ADR. This notification must occur before the individual begins the activity in Western Australia. The obligation extends to various roles within building services, including building practitioners, surveying practitioners, painting practitioners, and engineering and contracting roles. From 1 July 2024, the notification requirement applies to a range of occupations, and this list will expand from 1 July 2025. By notifying the local registration authority, individuals can ensure they are complying with the requirements set out in the Determination. This step is crucial for maintaining the validity of their ADR and avoiding any potential legal repercussions. The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2024 does not explicitly state the penalties for non-compliance with the notification requirements. However, failure to comply with the notification obligations may result in civil or criminal consequences under the Mutual Recognition Act 1992. The MR Act may provide for penalties such as fines, imprisonment, or other sanctions for individuals who do not adhere to the provisions of the Determination. Additionally, non-compliance may lead to the individual being unable to carry out the activity in Western Australia under ADR, potentially resulting in financial and operational disruptions. It is important for individuals to understand and comply with the notification requirements to avoid these potential consequences.

Legal classification tags

Area of Law
Occupational Regulation
Mutual Recognition
Instrument
Determination
Concepts
Definitions & Interpretation
Notification Requirements
Automatic Deemed Registration

Interactions

Authorises

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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.