{"id":"F2022L00856","name":"Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) Declaration 2022","slug":"automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441424,"registerId":"F2022L00856-fast-fetch-1775956723950","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) Declaration 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) Declaration 2022\n\nI, Andrew Barr, Chief Minister for the Australian Capital Territory, make the following declaration.\n\nDated  27 June 2022  \n\nAndrew Barr\n\nChief Minister\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Simplified outline of this instrument\n\n5  Definitions\n\n6  Exemption\n\n7  Significant risk statement\n\n8  Human Rights Act statement\n\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Teachers) Declaration 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2022. 1 July 2022.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.\n\n4  Simplified outline of this instrument\n\nThe purpose of this instrument is to exempt registrations for teaching occupations, or for activities covered by teaching occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth until 1 July 2027 because of a significant risk to the health and safety of workers or the public, in particular, child safety.\n\nThis instrument has effect only in relation to the Australian Capital Territory.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Exemption\n\n        For section 42S(1)(a) of the Act, a registration under the ACT Teacher Quality Institute Act 2010 of the Australian Capital Territory is excluded from the operation of automatic deemed registration in the Australian Capital Territory until 1 July 2027 because of the significant risks set out in section 7.\n\n7  Significant risk statement\n\n For section 42S(2) of the Act, the exclusion in section 6 is necessary because of the significant risk in the ACT to the health and safety of workers or the public, in particular, to children. The Royal Commission into Institutional Responses to Child Sexual Abuse released its final report on 15 December 2017. The Royal Commission identified risks to children that arise when information about sexual abuse by teachers is not shared across jurisdictions. A lack of information sharing between employers or registration authorities can enable perpetrators to continue to pose a risk to children by moving between schools or jurisdictions. A number of recommendations were made in relation to improving information sharing across sectors, including a nationally consistent information exchange scheme.\n\nUnder existing licensing arrangements (including mutual recognition), a teacher is issued with an ACT registration or permit to teach, creating a regular regime of assessment of eligibility and fitness. Under automatic mutual recognition, the ACT Teacher Quality Institute (TQI), must obtain and share information on eligibility of teachers for automatic deemed registration through information exchange between TQI and its jurisdictional counterparts.\n\nThe ACT is participating in a National Information Sharing Project to address the recommendations from the Royal Commission. The Project is recognised as a key enabler to support the effective implementation of automatic mutual recognition for teaching registrations, without further exacerbating the risks to child safety through the current, inadequate information sharing arrangements, highlighted by the Royal Commission. However, the Project is likely to be delivered over a number of years and will not be completed by 1 July 2022, when the automatic mutual recognition scheme is fully implemented in the Territory.\n\nAn exemption for five years will enable the ACT to continue to engage with other jurisdictions to implement a nationally consistent information exchange scheme with safeguards to protect children.\n\n8  Human Rights Act statement\n\nSection 40B(1) of the Human Rights Act 2004 (ACT) provides that it is unlawful for public authorities to act in a way that is incompatible with a human right or, in making a decision, fail to give proper consideration to a relevant human right. Accordingly, in making this exclusion in section 6, I have considered any relevant human rights that may be impacted as required by s 40B. Section 27B(1) of the Human Rights Act 2004 provides that everyone has the right to work, including the right to choose their occupation or profession freely. I am satisfied that the making of the exclusion in section 6 would not be incompatible with the right to work and the right to choose an occupation or profession freely.\n\nWhile the exclusion may limit the right to work, it is important to note that the making of the exclusion does not prevent an individual from carrying on an activity covered by the occupation of teaching in the ACT. Rather, the making of the exclusion will mean that all individuals who wish to carry on an activity covered by the occupation of teaching in the ACT must meet particular registration requirements set out in ACT law. Upon meeting the relevant registration requirements, individuals would be able to carry on an activity covered by the occupation of teaching in the ACT. The registration requirements are a necessary, proportionate and reasonable measure through which safeguards are provided to protect children. Any limitation on the right to work is reasonable and justified because the exclusion will allow the ACT to address risks associated with the transitioning to AMR while ensuring there is no diminution in current levels of safeguards in relation to child safety. The exclusion will enable the risks to child safety to be addressed through the development of the National Information Sharing Project to address the recommendations from the Royal Commission.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 42S of the Mutual Recognition Act 1992: it grants a time-limited exemption from automatic mutual recognition based on identified significant risks. The scope is narrow, specific, and precisely aligned with the statutory framework."},"complexity_factors":["Very short instrument (8 sections, approximately 2 pages)","Only 1 defined term ('Act')","No cross-references to other legislation beyond the enabling Act and the ACT Teacher Quality Institute Act 2010","Single, clear exemption with straightforward temporal limitation (until 1 July 2027)","No nested conditions or exceptions","Purpose and reasoning explicitly stated in plain language in sections 4 and 7"],"plain_english_summary":"This declaration temporarily exempts ACT school teachers from the new \"automatic mutual recognition\" scheme until 1 July 2027, so out‑of‑jurisdiction teachers must still apply for ACT registration and be assessed by the ACT Teacher Quality Institute.\n\nIt prioritises child safety: the exemption stays in place because a national information‑sharing system to prevent dangerous teachers moving between jurisdictions won’t be ready when AMR begins, so current safeguards remain until the system is built."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Narrows the practical scope of the Mutual Recognition Act in the ACT by exempting teaching registrations from automatic deemed registration until 1 July 2027, shifting registration responsibility onto ACT processes (see s6–s7). The change is presented as temporary to allow establishment of a national information‑sharing scheme."},"complexity_factors":["Legal interaction with Commonwealth Mutual Recognition Act (authority invoked under instrument s3 referencing section 42S of the Act).","Exemption mechanics (s6): a time‑limited carve‑out of automatic deemed registration for ACT TQI registrations until 1 July 2027.","Risk justification (s7): reliance on Royal Commission findings about inter‑jurisdictional information sharing and an ongoing National Information Sharing Project.","Compliance burden: interstate teachers must satisfy ACT registration requirements rather than receiving automatic deemed registration (impacts who pays/time to register) (s6, s7).","Administrative discretion and coordination: ACT Teacher Quality Institute and jurisdictions must exchange information and implement safeguards (s7).","Human‑rights consideration (s8): the instrument assesses limits on the right to work and frames the exemption as proportionate and temporary."],"plain_english_summary":"This instrument stops the Commonwealth’s automatic mutual recognition rules applying to ACT teacher registrations until 1 July 2027. Practically, interstate teachers will not be automatically deemed registered in the ACT and must meet ACT Teacher Quality Institute registration rules.  The declaration says this is necessary because of child‑safety risks from inadequate cross‑jurisdiction information sharing (Royal Commission findings) and to allow time to implement a national information‑sharing scheme; extra compliance and administrative coordination fall to teachers and the ACT TQI."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022","history":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022/history","analysis":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022/analysis","conflicts":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022/important-cases","documents":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-teachers-declaration-2022/documents"}}