Commonwealth Consolidated Acts

MUTUAL RECOGNITION ACT 1992 - SECT 42P

  (1)   This section applies if:

  (a)   a local registration authority (the second State authority ) in the second State is aware of disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) that is being taken in relation to a person's automatic deemed registration to carry on an activity; and

  (b)   the person has been informed of the action.

Providing information of disciplinary action

  (2)   The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:

  (a)   the person's name and address;

  (b)   information identifying the person's automatic deemed registration;

  (c)   the fact that disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) is being taken in relation to the automatic deemed registration;

  (d)   whether suspension or cancellation of the automatic deemed registration would be subject to an appeal;

  (e)   information relating to the reason for taking or considering the action.

Application of this section

  (3)   Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.

  (4)   Nothing in this section affects any obligation or power to provide information apart from this section.

Receiving information

  (5)   A local registration authority that receives information under this section:

  (a)   is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and

  (b)   may use the information for the purposes of the person's registration (whether under this Act or otherwise) in the State.