Mutual Recognition Act 1992

This section applies if:

a person is authorised to carry on an activity covered by an occupation in their home State; and

the person is registered (the home State registration) for that occupation in their home State; and

to carry on the activity in the second State, the person would have to be registered in the second State for an occupation (the second State occupation).

For the purposes of carrying on the activity in the second State, the person is taken:

to be registered in the second State for the second State occupation; and

to have any additional registration required to carry on the activity in the second State.

The registration (or registrations) the person has because of subsection (2) is automatic deemed registration, which has effect once the person:

meets any requirements covered by paragraphs (4)(f) to (h); or

if no such requirements apply—begins to carry on the activity in the second State.

This does not authorise the person to carry on every activity in the second State covered by the second State occupation. Automatic deemed registration authorises in the second State only activities the person is authorised to carry on in their home State.

However, subsection (2) does not apply if:

the person:

is the subject of criminal, civil or disciplinary proceedings in any State (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) in relation to an occupation that covers the activity; and

the person has been informed or is otherwise aware of those proceedings; or

any registration the person is required to have to carry on the activity, or an occupation that covers the activity, in any State is cancelled or currently suspended as a result of disciplinary action; or

the person is otherwise personally prohibited from carrying on the activity, or an occupation that covers the activity, or is subject to any conditions in carrying on the activity, as a result of criminal, civil or disciplinary proceedings in any State; or

the person is refused registration in any State for an occupation that covers the activity; or

the person is authorised otherwise than under this Part to carry on the activity in the second State; or

the person fails to meet any public protection requirements required by the law of the second State before carrying on the activity, or while they are carrying on the activity, or fails to provide evidence of meeting those requirements; or

if the law of the second State requires a vulnerable person character test to be satisfied to carry on the activity—the person fails to satisfy the test, or fails to provide evidence of satisfying the test; or

if a determination under section 42J requires the person to notify the local registration authority for the second State occupation:

the person fails to notify the authority; or

if the person’s home State changes—the person fails to notify the authority of the change; or

the person fails to give any information:

required under section 42U; or

as required by, or in accordance with, a law of the second State that relates to carrying on the activity.

In addition, sections 42S (exempting registrations because of significant risk to consumer protection etc.) and 42T (exempting registrations temporarily) provide for States to exempt a specified registration from the operation of this Part.

Automatic deemed registration in one State does not of itself provide a basis for registration in another State.