MUTUAL RECOGNITION ACT 1992 - SECT 31 Declarations by Tribunal

MUTUAL RECOGNITION ACT 1992 - SECT 31

  (1)   On a review, the Tribunal may make an order that a person who is registered in a particular occupation in a particular State is or is not entitled to registration in another State in a particular occupation, and may specify or describe conditions that will achieve equivalence.

  (2)   On such a review, the Tribunal may make a declaration that occupations carried on in 2 States are not equivalent, but only if the Tribunal is satisfied that:

  (a)   the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or

  (b)   registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where:

  (i)   the activity or class of activity is a material part of the practice of a person registered in the first State for the occupation; and

  (ii)   the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the other State to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and

  (iii)   it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided.

  (3)   The Registrar or other proper officer of the Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Gazette .

  (4)   A declaration made on the basis of paragraph   (2)(b) has effect for no longer than 12 months, and the local registration authority must promptly notify appropriate authorities in each other State and the Commonwealth of the declaration.

  (5)   The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration.