{"id":"F2025L00679","name":"Automatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) Declaration 2025","slug":"f2025l00679","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442849,"registerId":"F2025L00679-fast-fetch-1775957782835","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 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\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 2025\n\nI, Ben Carroll, Minister for Education (Victoria), make the following declaration.\n\nDated 11 June 2025   \n\nThe Hon. Ben Carroll\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...............................................2\n\n6  Temporary exemption\n\n \n\n \n\n1  Name\n\nThis instrument is the Automatic Mutual Recognition (Victoria) (Significant Risk Exemption—Teacher and Early Childhood Teacher Registration) Declaration 2025.\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of this instrument 2 July 2025 2 July 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 2027 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:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Significant risk exemption\n\n1.     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 2027 for the reasons set out in subclause (2):\n\n\n1.     registration as a teacher under Division 3 of that Part;\n2.     registration as an early childhood teacher under Division 3A of that Part.\n\n\n1.     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":{"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, which specifically allows state and territory ministers to declare exemptions from automatic deemed registration where there is a significant risk to public health, safety or welfare. The scope has not expanded beyond this specific, narrow purpose."},"complexity_factors":["Very short instrument (6 clauses, approximately 1 page)","Only 1 defined term ('Act')","Single, straightforward purpose: creating a time-limited exemption based on a specific risk assessment","No nested exceptions or conditional logic","Minimal cross-referencing (only references to specific sections of the Mutual Recognition Act 1992 and the Victorian Education and Training Reform Act 2006)","Clear, linear structure: name, commencement, authority, outline, definitions, operative provision"],"plain_english_summary":"This is a Victorian government declaration that temporarily blocks a new national system designed to make it easier for teachers to work across state borders.\n\n**What is automatic mutual recognition?**\nNormally, under the Commonwealth Mutual Recognition Act, if you're registered as a teacher in one Australian state or territory, you're automatically deemed to be registered in another when you move there. This is meant to make it easier for workers to move around Australia without reapplying for licences or registrations.\n\n**What this declaration does**\nThis declaration creates a **temporary exemption** for Victoria. It means that teachers and early childhood teachers who are registered in other states or territories **will NOT automatically get Victorian registration** when they move to Victoria. They'll still need to go through the normal Victorian registration process.\n\n**Why?**\nThe Victorian Minister for Education has declared that there's a **significant risk to children's health and safety** if automatic registration were allowed right now. The specific concern is that state and territory teacher regulators don't currently share enough information with each other. Without proper information sharing, Victoria can't properly check if teachers coming from interstate have any history that might make them unsafe to work with children.\n\n**Who it affects**\n- Teachers registered in other states/territories who want to work in Victoria\n- Early childhood teachers registered in other states/territories who want to work in Victoria\n- Victorian schools and early childhood services (who can't rely on automatic interstate registration)\n\n**How long?**\nThe exemption lasts until **1 July 2027**.\n\n**Key point**: This is a temporary safety measure, not a permanent ban. It's designed to protect children while information-sharing systems between states are improved."},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument affects Victoria only and relates to registrations under Part 2.6 of the Education and Training Reform Act 2006 (Vic). It does not amend any existing legislation; it only prevents the automatic mutual recognition provisions from operating for the specified occupations until 1 July 2027."},"complexity_factors":["Exemption instrument under the Mutual Recognition Act 1992 (Cth)","Applies only to Victoria","Temporary measure lasting until 1 July 2027","Affects two specific occupations: teachers and early childhood teachers"],"plain_english_summary":"From 2 July 2025 until 1 July 2027 Victoria suspends automatic mutual recognition of teacher and early childhood teacher registrations. Interstate-registered teachers who want to work in Victoria must instead apply to the Victorian Institute of Teaching, because the government says current information-sharing between jurisdictions creates a risk to children’s safety if problematic disciplinary histories aren’t communicated promptly. Affects interstate teachers, Victorian employers and students; registration requirements themselves don’t change."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the operation of the Mutual Recognition Act in Victoria by excluding teacher and early childhood teacher registrations from automatic deemed registration until 1 July 2027, replacing the default interstate recognition mechanism with Victorian registration requirements and local checks for affected practitioners (s6)."},"complexity_factors":["Narrow, occupation-specific exemption limited to teachers and early childhood teachers","Temporary duration with a fixed end date (1 July 2027) increases administrative planning but limits long‑term complexity","Reliance on a single statutory power (s42S of the Mutual Recognition Act) rather than broad legislative change","Cross-jurisdiction information‑sharing gaps cited as the operational rationale (creates intergovernmental dependency)","Administrative discretion rests with the state regulator to require local registration and checks","Limited geographic scope (Victoria only) reduces nationwide legal complexity but raises compliance friction for interstate workers"],"plain_english_summary":"This declaration temporarily exempts teacher and early childhood teacher registrations in Victoria from the Commonwealth automatic mutual recognition scheme until 1 July 2027. Interstate teachers will not be automatically ‘deemed registered’ in Victoria and must satisfy Victorian registration requirements instead. The Minister says the exemption is needed because of insufficient interstate information‑sharing and a significant risk to children’s health or safety (s6). Practically, applicants face extra time and cost; Victoria’s authority retains discretion to require local checks."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/f2025l00679","history":"/api/acts/f2025l00679/history","analysis":"/api/acts/f2025l00679/analysis","conflicts":"/api/acts/f2025l00679/conflicts","importantCases":"/api/acts/f2025l00679/important-cases","documents":"/api/acts/f2025l00679/documents"}}