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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-08-26 Daily Xml
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Mutual Recognition (South Australia) (Further Adoption) Amendment Bill

Introduction and First Reading

The Hon. R.I. LUCAS (Treasurer) (17:34): Obtained leave and introduced a bill for an act to amend the Mutual Recognition (South Australia) Act 1993. Read a first time.

Second Reading

The Hon. R.I. LUCAS (Treasurer) (17:35): I move:

That this bill be now read a second time.

The Mutual Recognition (South Australia) (Further Adoption) Amendment Bill 2021 introduces the legislative amendments required to support a uniform national scheme for the automatic mutual recognition of occupational licences consistent with the government's obligations under the Intergovernmental Agreement on Automatic Mutual Recognition of Occupational Registration.

On 24 June 2021, the commonwealth parliament passed amendments to the Mutual Recognition Amendment Act 1992 (Cth) introducing a uniform scheme of automatic mutual recognition to enable an individual registered for an occupation in their home state to be taken to be registered to carry on, in a second state, the activities covered by their home state registration.

Automatic mutual recognition will increase the strength and resilience of the Australian economy by reducing the time and cost for Australians to take up jobs wherever they arise. A more mobile labour force will respond to new opportunities with more skilled workers crossing jurisdictional borders to work and more businesses bidding for work in other states. Improved access to skilled workers will drive productivity and competition, lowering prices and improving service quality for consumers and businesses. Communities will also be better placed to respond to national emergencies and disasters with skilled workers better able to relocate quickly.

The Australian government, in collaboration with state and territory governments, developed the uniform automatic mutual recognition scheme through extensive consultation and engagement with industry, trade unions and regulators through a formal public consultation process. Mutual recognition under the existing national scheme already operates in South Australia under the Mutual Recognition (South Australia) Act 1993.

Mutual recognition under the existing national scheme provides an entitlement for a registered worker to be registered for an equivalent occupation in another jurisdiction on the basis of their existing registration, without further assessment of their qualifications. To gain mutual recognition, a worker must notify the Local Registration Authority (LRA) in the state in which they are seeking registration for the equivalent occupation, apply and pay for an additional state licence.

Since its introduction in 1992, the existing arrangements for mutual recognition of occupational licences have helped to reduce barriers to occupational mobility across jurisdictions across a broad range of occupations. In its most recent report on mutual recognition in 2015, the Productivity Commission found that the current mutual recognition arrangements generally work well but there would be cost savings from automating these processes. The commission recommended governments expand the use of automatic mutual recognition to improve the efficiency of mutual recognition arrangements.

Safeguards are embedded in the new national scheme to ensure the community, the environment, animals and workers are protected. Workers coming to South Australia will be required to comply with the laws of South Australia—including public protection requirements regarding insurance and the like and satisfying a working with vulnerable people character test. Any conditions a person has on their home state registration will also apply, unless waived by the local registration authority.

Workers will be subject to any applicable disciplinary actions in South Australia and, for some registrations, may need to notify the regulator that they intend to work in South Australia. Those subject to disciplinary actions or who have conditions on their licence as a result of disciplinary, civil or criminal action will be excluded from AMR. Information on cancelled or suspended registrations and disciplinary actions for people in the new scheme will be available to regulators and recorded on registers.

The uniform scheme enables a state minister to exempt a registration in their state from being subject to automatic mutual recognition for a renewable period of up to five years because of a significant risk to consumer protection, the environment, animal welfare, or worker or public health and safety. A state minister may exempt a registration in their state up to 30 June 2022 where time is needed to ensure implementation requirements are in place.

This bill creates the capacity for regulators to seek the necessary place of residence and place of work information to ensure the effective operation of the national scheme. Under the uniform national scheme, interstate licence holders coming to South Australia will no longer be required to apply for and pay for a South Australian licence, and South Australian licence holders seeking to work interstate will not be required to apply for and pay for interstate licences.

This bill provides for the adoption of a uniform scheme of automatic mutual recognition that will enable an individual registered for an occupation in their home state to be taken to be registered to carry on in a second state the activities covered by their home state registration.

Automatic mutual recognition will increase the strength and resilience of the Australian economy by reducing the time and cost for Australians to take up jobs wherever they arise. Automatic mutual recognition will provide advantages to South Australians with a range of occupation licences working interstate or who wish to work interstate by removing costs and red tape. It makes it easier and cheaper for licensed individuals from interstate to work in South Australia. I commend this bill to the council, and I seek leave to have the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal

Part 2—Amendment of Mutual Recognition (South Australia) Act 1993

4—Amendment of section 4—Adoption of Commonwealth Act

This clause provides for adoption of the provisions of the Commonwealth Act, as inserted, substituted or amended by the Mutual Recognition Amendment Act 2021 of the Commonwealth.

5—Insertion of sections 4A and 4B

This clause inserts new sections as follows:

4A—Termination of adoption

This provides for termination of the adoption under section 4 by proclamation.

4B—Power to require evidence for purposes of Mutual Recognition laws

This clause is consequential and allows local registration authorities to get information from people registered in this jurisdiction (ie people whose home jurisdiction is SA) for the purposes of the measure.

Debate adjourned on motion of Hon. I.K. Hunter.

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