{"id":"F2024L01174","name":"Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024","slug":"automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442582,"registerId":"F2024L01174-fast-fetch-1775957557564","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\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 (Tasmania) (Exemptions—Teachers) Declaration 2024\n\nI, Nic Street, Minister for Finance (Tasmania), make the following declaration.\n\nDated: 30 July 2024   \n\nNic Street MP\n\nMinister for Finance (Tasmania)\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  Exemptions\n\n \n\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (Tasmania) (Exemptions—Teachers) Declaration 2024.\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of this instrument 1 July 2025. 1 July 2025.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 two years from 1 July 2025 for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.\n\nThis instrument has effect only in relation to Tasmania.\n\nUnless revoked earlier, this instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, subject to subsection 42S(6) of the Mutual Recognition Act 1992 of the Commonwealth. This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Exemptions\n\n (1) For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in Tasmania.\n\n (2) For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets out a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each registration in column 1.\n\n (3) The table is as follows:\n\n \n\n- Exemptions for the purposes of paragraph 42S(1)(a)\n- Item Column 1Registration Column 2Statement of risk\n- 1 Teacher under the Teachers Registration Act 2000 There is a significant risk to consumer protection and to the health and safety of students. These risks arise due to differences between jurisdictions in the assessment of good character and fitness to teach, along with issues regarding the accessibility of national information sharing arrangements. A significant risk arises to consumers and students, as it will not be possible to ensure that teachers working under AMR meet the required standards. This risk is particularly significant given that teachers work with children, who are considered a vulnerable group.\n\n\n \n\n (4) This section is repealed at the end of 30 June 2027.\n\n \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 creates a time-limited, jurisdiction-specific exemption from automatic mutual recognition based on identified risks. The scope is narrow and precisely targeted: a single occupation (teachers) in a single jurisdiction (Tasmania) for a fixed two-year period. There is no scope creep or expansion beyond the statutory framework's intended purpose."},"complexity_factors":["Very short instrument (6 sections, approximately 1.5 pages)","Only 1 defined term ('Act')","Single, clear exemption in a simple table format (1 row, 2 columns)","No nested exceptions or conditional logic","Straightforward sunset/repeal provision (fixed date: 30 June 2027)","Minimal cross-referencing (only references to specific subsections of the Mutual Recognition Act 1992 and Legislation Act 2003)"],"plain_english_summary":"This instrument temporarily exempts teachers from the Commonwealth’s automatic mutual recognition in Tasmania from 1 July 2025 to 30 June 2027. During that period, teachers registered elsewhere in Australia will not be automatically deemed registered in Tasmania and must complete Tasmanian registration instead.\n\nThe change targets child-safety and assessment gaps: it responds to inconsistent character/fitness checks and limited national information-sharing about teacher conduct."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument narrows the scope of the Mutual Recognition Act’s automatic deemed registration in Tasmania by exempting teacher registrations (s6), so interstate teacher registrations will not be treated as automatically effective in Tasmania; the change is time-limited to end 30 June 2027 and applies only in Tasmania (s4; s6(4))."},"complexity_factors":["Narrow, single-occupation exemption (teacher registration under the Teachers Registration Act 2000) but with significant practical effects on mobility and employers (s6(3) table).","Delegated power and interplay: instrument is made under s42S of the Mutual Recognition Act 1992, so it modifies how the Commonwealth Act applies in Tasmania (s3; s6).","Risk statement requirement: the instrument records specific consumer-protection and safety risks (assessment of good character, national information-sharing) as the legal justification for the exemption (s6(2)–(3)).","Temporal and commencement mechanics: fixed commencement date (1 July 2025) and a built-in repeal/sunset (ends 30 June 2027 and subject to Legislation Act timing), creating a temporary, time-bound change (s2; s4; s6(4)).","Geographic limitation: the declaration operates only in relation to Tasmania, producing asymmetric regulation across jurisdictions (s4).","Administrative and compliance effects: removes the automatic 'deemed registration' pathway, requiring local registration processes and checks (practical compliance burden on interstate teachers and employers; s6).","Reliance on inter-jurisdictional information-sharing and fitness assessments for effective implementation increases operational risk despite low textual complexity (s6(2)–(3))."],"plain_english_summary":"From 1 July 2025 this Tasmanian declaration removes teachers from the Automatic Mutual Recognition regime: out-of-state teacher registrations will not be automatically deemed valid in Tasmania, so teachers must meet Tasmanian registration requirements.\n\nIt cites risks to student safety and differences in assessing fitness and national information-sharing as the reason, lasts two years to 30 June 2027, and shifts compliance costs onto interstate teachers, their employers and the Tasmanian regulator (s6; s4; s6(4))."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024","history":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024/history","analysis":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024/analysis","conflicts":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024/important-cases","documents":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-teachers-declaration-2024/documents"}}