Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021

Overview

The Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021 is an instrument made under section 42J of the Mutual Recognition Act 1992. This legislation was enacted to facilitate the mutual recognition of professional qualifications and regulatory approvals across Australian states and territories. The aim is to enable individuals to practice in another state without having to undergo duplicative registration processes, provided they are already registered in their home state. The Determination was made by the Treasurer of South Australia, and the policy objective is to ensure that individuals intending to carry out specific activities in South Australia must notify the relevant local registration authority before they commence those activities under the automatic deemed registration system. The Determination specifies that individuals who wish to rely on automatic deemed registration to carry out certain activities in South Australia must notify the appropriate local registration authority beforehand. This requirement applies to a range of activities, from high-risk work assessments to plumbing and electrical work, and ensures compliance with South Australian regulations. The Determination came into effect on the day after its registration on the Federal Register of Legislation and will sunset on 1 October 2031. While consultation was not conducted for this Determination, the Treasurer considered the outcomes of public consultation on related exposure draft legislation and expert information in its preparation.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021 applies to individuals who intend to carry on specific activities in South Australia under the Mutual Recognition Act 1992 (MRA) by relying on their registration from another state or territory. This Determination is designed to ensure that these individuals notify the relevant local registration authority before they commence their activities in South Australia. The Determination applies to a range of occupations including gas fitting, pyrotechnics, employment agents, radiation apparatus operations, architectural practice, building work, plumbing, electrical work, land sales, security services, and various other professions. It mandates that the notification must be made to the corresponding local registration authority as specified in the attached table. The Determination is a legislative instrument made under section 42J of the MRA and it comes into operation on the day after it is registered on the Federal Register of Legislation, with a sunset date of 1 October 2031. Notably, this Determination does not extend its application through subordinate instruments and operates independently within the parameters set out in the MRA and the Determination itself.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021, made under section 42J of the Mutual Recognition Act 1992 (MRA), requires individuals intending to carry out certain activities in South Australia to notify a local registration authority before relying on automatic deemed registration (ADR) (Determination s 1). This requirement applies to activities listed in Table 1 of the Determination, which spans a range of occupations, including those in high-risk work, gas fitting, pyrotechnics, employment agencies, radiation control, architectural practice, building work, plumbing, electrical work, land agencies, security, and others (Determination Schedule). The Determination imposes obligations on individuals planning to conduct activities listed in Table 1 under the ADR provisions of the MRA. Specifically, it requires these individuals to notify the relevant local registration authority before commencing the activity in South Australia. This notification must be made to the authority specified in Table 1, corresponding to the activity and the relevant South Australian legislation (Determination Schedule). For example, an individual intending to conduct high-risk work in South Australia must notify SafeWork SA, while those intending to operate a radiation apparatus must notify the Environment Protection Authority (SA). Failure to comply with the notification requirement set out in the Determination can lead to legal consequences. Although the Determination itself does not explicitly detail penalties for non-compliance, breaches of notification requirements may be subject to penalties under the relevant South Australian legislation. For instance, in the case of activities governed by the Work Health and Safety Act 2012, non-compliance could lead to civil penalties, while activities under the Radiation Protection and Control Act 1982 may result in both civil and criminal penalties. It is important to consult the specific South Australian legislation governing the relevant activity to determine the applicable penalties.