Bill
Mutual Recognition Amendment Bill 2021
passed, as at 2021-06-24. Prime Minister portfolio.
- Sponsor
- Not recorded
- Portfolio
- Prime Minister
Recorded stages
- introduced — 2021-03-18
- second reading — 2021-03-18
- second reading — 2021-03-25
- second reading — 2021-03-25
- committee — 2021-03-25
- third reading — 2021-03-25
- introduced — 2021-05-11
- second reading — 2021-05-11
- second reading — 2021-05-12
- second reading — 2021-05-12
- committee — 2021-05-12
- third reading — 2021-05-12
- other — 2021-05-12
- other — 2021-06-23
- passed — 2021-06-23
- royal assent — 2021-06-24
Divisions
- The majority voted in favour of *disagreeing* with the [amendments](https://www.openaustralia.org.au/debates/?id=2021-03-25.21.1) introduced by Corio MP [Richard Marles](https://theyvoteforyou.org.au/people/representatives/corio/richard_marles) (Labor), which means they failed. MP Marles [explained](https://www.openaustralia.org.au/debates/?id=2021-03-25.21.1) that: > *Labor is moving amendments to seek the exclusion of those licensed occupations which operate in the building industry from the application of this bill, given the varying forms of regulation that exist in relation to those licenses. It's important that as we move forward with this bill that, as laudable as the principle is, there aren't unintended consequences in relation to the health and safety of those working in these industries, along with the outcome of their work and the benefit to consumers.* ### Amendment text > *(1) Schedule 1, item 87, page 17 (line 30), omit "This Part", substitute "Subject to subsection (4), this Part".* > > *(2) Schedule 1, item 87, page 18 (after line 5), at the end of section 42C, add:* > >> *Exclusions* >> >> *(4) This Part does not apply to:* >> >> *(a) a building, maintenance or construction industry activity; or* >> >> *(b) an electrical occupation activity.* >> >> *Note: A consequence of this Part not applying is that there is no automatic deemed registration under section 42D.* >> >> *(5) In this section:* >> >> *building, maintenance or construction industry activity means building, maintenance or construction work authorised to be carried on under an occupation that requires registration under State building, maintenance or construction licencing legislation.* >> >> *electrical occupation activity means electrical work authorised to be carried on under an occupation that requires registration or licensing under State legislation.* — 2021-03-25, House of Representatives: affirmative, ayes 68, noes 59
- The same number of senators voted for and against the [amendment](https://www.openaustralia.org.au/senate/?gid=2021-05-12.17.3), which means it failed. The amendment would have changed the wording of the usual [second reading motion](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), which is “*that the bill be read a second time*” (parliamentary jargon for agreeing with the main idea of the bill). ### Amendment text > *Omit all words after 'That", substitute "the Bill be referred to the Education and Employment Legislation Committee for inquiry and report by 9 June 2021, with particular reference to concerns raised by the Scrutiny of Bills Committee, and whether the legislation will:* > > *a) act as a disincentive to states and territories harmonising rules and regulations relating to occupational registration and/or licensing of occupations where significant jurisdictional variation exists,* > > *b) restrict existing licensing and registration authorities from adequately performing their functions, and* > > *c) reduce consumer protections, public safety and the work health and safety of workers by replacing existing mutual recognition arrangements of occupations that require licensing and/or registration with the proposed automatic mutual recognition arrangements".* — 2021-05-12, Senate: negative, ayes 29, noes 29
- The majority voted in favour of reading the [bill](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689) for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). In parliamentary jargon, they voted to agree with the main idea of the bill. They can now discuss it in more detail. ### What is the main idea of the bill? According to the [bill homepage](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689), the bill was introduced to: * *introduce a uniform scheme of automatic mutual recognition (AMR) by enabling an individual who is registered for an occupation in their home state to carry on those activities in other states and territories;* * *enable a state minister to exempt a registration in their state from being subject to AMR for a renewable period of up to five years because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public; and* * *enable a state minister to exempt a registration in their state for a temporary period of six months after commencement of the Act, with an option to extend for a further period to 30 June 2022 if needed.* — 2021-05-12, Senate: affirmative, ayes 33, noes 27
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-05-12.44.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means they failed. ### Amendment text > *(1) Schedule 1, item 87, page 17 (line 30), omit "This Part", substitute "Subject to subsection (4), this Part".* > > *(2) Schedule 1, item 87, page 18 (after line 5), at the end of section 42C, add:* > >> *Exclusions* >> >> *(4) This Part does not apply to:* >> >>> *(a) a teaching activity; or * >>> >>> *(b) a building, maintenance or construction industry activity; or* >>> >>> *(c) an electrical occupation activity.* >>> >>> *Note: A consequence of this Part not applying is that there is no automatic deemed registration under section 42D.* >> >> *(5) In this section:* >> >>> *building, maintenance or construction industry activity means building, maintenance or construction work authorised to be carried on under an occupation that requires registration under State building, maintenance or construction licencing legislation.* >>> >>> *electrical occupation activity means electrical work authorised to be carried on under an occupation that requires registration or licensing under State legislation.* >>> >>> *teaching activity means teaching work authorised to be carried on under an occupation that requires registration under State legislation.* — 2021-05-12, Senate: negative, ayes 29, noes 32
- The majority voted in favour of agreeing with the [bill](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689) as amended. This means they can now decide whether to give it a [third reading](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) and so pass the bill in the Senate. ### What does the bill do? According to the [bill homepage](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689), the bill was introduced to: * *introduce a uniform scheme of automatic mutual recognition (AMR) by enabling an individual who is registered for an occupation in their home state to carry on those activities in other states and territories;* * *enable a state minister to exempt a registration in their state from being subject to AMR for a renewable period of up to five years because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public; and* * *enable a state minister to exempt a registration in their state for a temporary period of six months after commencement of the Act, with an option to extend for a further period to 30 June 2022 if needed.* — 2021-05-12, Senate: affirmative, ayes 33, noes 27
- The majority voted in favour of reading the [bill](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689) for a [third time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). In parliamentary jargon, they voted to pass the bill in the Senate. This means that the bill will now be sent back to the House of Representatives for them to decide whether they agree with the Senate amendments. If they do agree, the bill will become law. ### What is the main idea of the bill? According to the [bill homepage](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6689), the bill was introduced to: * *introduce a uniform scheme of automatic mutual recognition (AMR) by enabling an individual who is registered for an occupation in their home state to carry on those activities in other states and territories;* * *enable a state minister to exempt a registration in their state from being subject to AMR for a renewable period of up to five years because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public; and* * *enable a state minister to exempt a registration in their state for a temporary period of six months after commencement of the Act, with an option to extend for a further period to 30 June 2022 if needed.* — 2021-05-12, Senate: affirmative, ayes 33, noes 27
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-03-18.
The bill would create a national system where a worker registered in one state is automatically considered registered to do the same job in another state.
Workers must follow the second state's laws and may face disciplinary action there, while those with disciplinary sanctions are excluded from the scheme.
A state minister can exempt a registration for up to five years if it poses a serious threat to public safety, the environment, animal welfare, or consumers.
- Introduces automatic mutual recognition for registered occupations across states.
- Requires workers to comply with laws of the second state, including character checks for working with vulnerable people.
- Bars workers under disciplinary action or with conditions from disciplinary, civil or criminal action from automatic recognition.
- Allows state ministers to exempt a registration for up to five years due to significant risk.
- Permits a temporary six-month exemption after commencement, extendable to 30 June 2022.
Individuals registered for an occupation in their home state who want to work in another state.
Sources
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em supp
billhome
frl act