Commonwealth Consolidated Acts

MUTUAL RECOGNITION ACT 1992 - SECT 42M

Impact of disciplinary action in relation to automatic deemed registration

  (1)   If a person's automatic deemed registration in a State:

  (a)   is cancelled or suspended on disciplinary grounds; or

  (b)   ends as a result of or in anticipation of criminal, civil or disciplinary proceedings;

then any substantive or interim deemed registration the person has in another State for an occupation that covers the activity is affected in the same way.

Note 1:   Cancellation or suspension on disciplinary grounds and other prohibitions on carrying on an occupation, or activities covered by an occupation, can prevent a person from having, or continuing to have, automatic deemed registration (see paragraphs 42D(4)(a) to (d)).

Note 2:   A person who has automatic deemed registration to carry on an activity in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are otherwise registered for the occupation in that State (see subsections   42E(2) and 42H(1) and (2)).

Note 3:   This also means that a decision of a local registration authority in a State in relation to a person's automatic deemed registration is generally reviewable in accordance with the Acts of that State.

  (2)   However, the local registration authority of the other State may reinstate any cancelled or suspended substantive or interim deemed registration if it thinks it appropriate in the circumstances.

Note:   Application may be made to the Tribunal for review of a decision under this subsection   (see subsection   34(1)).

Determination by Minister

  (3)   For the purposes of taking action in relation to automatic deemed registration, a Minister of a State may, with the consent of a Minister of another State, determine officers or authorities (however described) of the other State that are taken to be officers or authorities for the purposes of a law of the first - mentioned State.

  (4)   For the purposes of obtaining the consent of the other State, a person authorised by the Minister of the first - mentioned State may provide information to a person authorised by a Minister of the other State. The information may be given despite any requirements relating to secrecy, privacy or confidentiality.

  (5)   A person that receives information under subsection   (4) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the person's State.