{"id":"F2022L00821","name":"Automatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) Declaration 2022","slug":"automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441415,"registerId":"F2022L00821-fast-fetch-1775956717499","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) 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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) Declaration 2022\n\nI, James Merlino, Minister for Education (Victoria), make the following declaration.\n\nDated 22 June 2022\n\nThe Hon. James Merlino\n\nMinister for Education (Victoria)\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  Temporary exemption\n\n \n\n1  Name\n\nThis instrument is the Automatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) 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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nThis 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 the teacher and early childhood teacher occupations from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth until 1 July 2025 because of the significant risk to the health or safety of children attending schools and early childhood services as members of the public.\n\nThis instrument has effect only in relation to Victoria.\n\n5  Definitions\n\nIn this instrument, Act means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Significant risk exemption\n\n(1)    For the purposes of paragraph 42S(1)(a) of the Act, registrations under Part 2.6 of the Education and Training Reform Act 2006 of Victoria, including the following registrations, are excluded from the operation of automatic deemed registration in Victoria until 1 July 2025 for the reasons set out in subclause (2):\n\n(a)    registration as a teacher under Division 3 of that Part;\n\n(b)    registration as an early childhood teacher under Division 3A of that Part.\n\n(2)    For the purposes of subsection 42S(2) of the Act, there are currently insufficient information sharing powers between state and territory teacher regulatory authorities to address potential risks to the health and safety of children in Victorian schools and early childhood services if automatic deemed registration were to become operational in Victoria for teachers and early childhood teachers. This presents a significant risk to the health and safety of children who attend those services as members of the public.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function intended by section 42S of the Mutual Recognition Act 1992—allowing states to temporarily exempt occupations from automatic mutual recognition due to significant risk concerns. It has not expanded beyond this specific, narrow purpose."},"complexity_factors":["Very short instrument (6 sections, ~2 pages)","Only 1 defined term ('Act')","Single operational provision (section 6) with straightforward conditional logic","No cross-references to other legislation beyond the enabling Act and Victorian Education Act","Clear, explicit sunset clause (1 July 2025)","Minimal nesting of exceptions or conditions"],"plain_english_summary":"Victoria has temporarily opted out of the Commonwealth’s automatic mutual recognition for teacher registration, exempting teacher and early childhood teacher registrations from automatic deemed registration until 1 July 2025. \n\nThe change affects interstate-registered teachers seeking to work in Victoria, Victorian schools and services, and families — requiring interstate applicants to complete Victoria’s standard registration checks to address child-safety risks from inadequate national information-sharing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or repurpose the original Mutual Recognition framework; it narrows application for a defined set of registrations in Victoria for a limited period. It preserves existing Victorian registration requirements for teachers and early childhood teachers (cl.6(1)), citing insufficient information-sharing as the reason for the temporary exemption (cl.6(2))."},"complexity_factors":["Narrow, time-limited measure (commences 1 July 2022, expires 1 July 2025) (Commencement; cl.6(1))","Legal mechanism depends on s42S of the Mutual Recognition Act 1992 (Authority; cl.3; cl.6(1))","Scope defined by reference to registrations under Part 2.6 of the Education and Training Reform Act 2006 (cl.6(1))","Operational complexity from reliance on the sufficiency of inter-jurisdictional information-sharing powers (cl.6(2))","Affects administrative practice for interstate-registered teachers — increases compliance burden for those seeking to work in Victoria (cl.4; cl.6(1))","Limited discretion: ministerial declaration with factual predicate ('significant risk') that could require evidential basis if challenged (cl.6(2))","Geographic limitation: instrument has effect only in Victoria (cl.4), reducing cross-jurisdictional legal complexity but raising coordination needs"],"plain_english_summary":"Victoria’s Minister for Education has temporarily excluded teacher and early childhood teacher registrations from automatic mutual recognition in Victoria until 1 July 2025. The declaration relies on section 42S of the Commonwealth Mutual Recognition Act and keeps Victorian registration processes active rather than allowing automatic ‘deemed registration’. \n\nThis affects interstate-registered teachers seeking immediate recognition in Victoria because the Minister says current information-sharing between state regulators is insufficient to manage risks to children’s health and safety. Practically, people must comply with Victorian registration requirements instead of relying on automatic recognition."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher","history":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher/history","analysis":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher/analysis","conflicts":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher/important-cases","documents":"/api/acts/automatic-mutual-recognition-victoria-significant-risk-exemption-teacher-and-early-childhood-teacher/documents"}}