{"id":"F2008L02044","name":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (08/05/2008)","slug":"mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74282,"registerId":"commonwealth-F2008L02044-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (08/05/2008)","content":"MUTUAL RECOGNITION ACT 1992 – Section 32\n\nMinisterial Declaration\n\nTo give effect to the express wish of the Council of Australian Governments (COAG) for full and effective mutual recognition of registered occupations, we the ministers today responsible jointly declare that:\n\nThe occupation which may be carried on only by a person granted registration (in the form of a licence, certificate, registration, or other instrument) in the first jurisdiction described in Column A in the attached Schedule is equivalent to the occupation which may be carried on only by a person granted registration in a second jurisdiction as described in the other columns of the same row in the Schedule, subject to any conditions, limitations or restrictions as indicated.\n\nThe Honourable Morris Iemma MP ) (signed)\n\nPremier of New South Wales ) Morris Iemma\n\nThe Honourable John Brumby MLA ) (signed)\n\nPremier of Victoria ) John Brumby\n\nThe Honourable Anna Bligh MP ) (signed)\n\nPremier of Queensland ) Anna Bligh\n\nThe Honourable Alan Carpenter MLA ) (signed)\n\nPremier of Western Australia ) Alan Carpenter\n\nThe Honourable Mike Rann MP ) (signed)\n\nPremier of South Australia ) Mike Rann\n\nThe Honourable Paul Lennon MHA ) (signed)\n\nPremier of Tasmania ) Paul Lennon\n\nThe Honourable Jon Stanhope MLA ) (signed)\n\nChief Minister of the Australian Capital Territory ) Jon Stanhope\n\nThe Honourable Clare Martin MLA ) (signed)\n\nChief Minister of the Northern Territory of Australia ) Clare Martin\n\nDated this eighth day of May 2008\n\n \n\nNotes:\n\nThe table at the attached Schedule depicts the registration outcome for any person already licensed in an occupation in a particular jurisdiction (column A of each row) should they seek to be licensed in an occupation in a second jurisdiction (potentially in any other column in the same row). Registration shall be granted by the second jurisdiction in the terms specified provided the applicant is already registered in the equivalent occupation in the first jurisdiction.\n\nIf an applicant for mutual recognition holds a licence shown in Column A of a Schedule, but has additional condition/s applying to that licence not shown in the Schedule, then the relevant registration authority in the second jurisdiction shall recognise the primary licence in Column A and may, in issuing a licence, apply those additional conditions to directly replicate the conditions applying to the first jurisdiction licence.\n\nIf a licence is not included in the declaration, or if the licence outcome depicted on the Schedule is the statement ‘No equivalent declared’, the decision on licence recognition will be made by the relevant registration authority in accordance with the other provisions of the Mutual Recognition Act 1992.\n\nLicences covered by this declaration are licences that are issued to natural persons, not licences issued to companies.\n\nThis declaration and any subsequent declarations will be reviewed for accuracy each year. Declarations and any revised declarations will be published on the COAG mutual recognition website and the websites of the relevant licensing authorities.\n\nSchedules to the Declaration\n\n| Schedule number | Occupations |\n| --------------- | ---------------------- |\n| 1 | Electrical contractors |\n\nSchedule 1: Mutual recognition matrix – Individual unrestricted electrical contractors\n\n\\[Individual unrestricted electrical contractor means an individual electrician authorised to contract with the public for the performance of electrical work in a jurisdiction\\]\n\n```html\n

A

B

C

D

E

F

G

H

I

First Jurisdiction

Second Jurisdiction

NSW1

VIC2

QLD3

WA4

SA5

TAS6

ACT7

NT8

NSW

1

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

VIC

2

Registered electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

QLD

3

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

WA

4

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

\n```\n\n \n\n```html\n

A

B

C

D

E

F

G

H

I

First Jurisdiction

Second Jurisdiction

NSW1

VIC2

QLD3

WA4

SA5

TAS6

ACT7

NT8

SA

5

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

TAS

6

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

ACT

7

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

NT

8

Electrical contractor licence

Contractor licence -electrical wiring work, endorsed

Registered electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

Electrical contractor licence

\n```\n\nCodes for statutes under which Electrician licences are issued\n\n| 1. Licences in this column issued under the Home Building Act 1989 (NSW) |\n| --------------------------------------------------------------------------------------------------------- |\n| 2. Licences in this column issued under the Electricity Safety Act 1998 (VIC) |\n| 3. Licences in this column issued under the Electrical Safety Act 2002 (QLD) |\n| 4. Licences in this column issued under the Electricity Act 1945 (WA) |\n| 5. Licences in this column issued under the Plumbers Gasfitters and Electricians Act 1995 (SA) |\n| 6. Licences in this column issued under the Electricity Industry Safety and Administration Act 1997 (TAS) |\n| 7. Licences in this column issued under the Construction Occupations (Licensing) Act 2004 (ACT) |\n| 8. Licences in this column issued under the Electrical Workers and Contractors Act 2002 (NT) |\n\nAgreed scope of work for all individual unrestricted electrical contractor licences in the above table\n\n“Electrical work” means, selection, assembling, constructing, installing, testing, fault-finding, commissioning, maintaining, repairing, altering, removing, or replacing of electrical equipment and/or electrical installations. It may include the supervision or inspection of electrical work.\n\n\"Electrical equipment\" means any appliance, article, accessory, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to, or has been used to, generate, use, convey or control) electricity operating above extra low voltage.\n\n“Extra low voltage” means as defined in AS/NZS 3000 (commonly known as the “wiring rules”).\n\n\"Electrical installation\" is as defined in AS/NZS 3000 (commonly known as the “wiring rules”).\n\nAdditional non-skill requirements for individual unrestricted electrical contactor\n\nPrior to the issue of an equivalent individual unrestricted electrical contractor’s licence in this table through the mutual recognition process, a jurisdictional regulator may require evidence that the applicant can comply with any requirements regarding insurance, fidelity funds, trust accounts and the like that are designed to protect the public, clients, customers or others.","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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This ministerial declaration implements the Mutual Recognition Act’s intended mechanism (declaring occupational equivalences between jurisdictions) rather than changing its statutory scope. It narrows application to a specific occupation (individual unrestricted electrical contractors), clarifies technical scope (references AS/NZS 3000), and records administrative details (natural persons only; annual review), but it does not materially expand the Act’s original purpose of enabling interstate recognition of registrations. The instrument is therefore an implementation detail, not a scope change."},"complexity_factors":["Single occupation covered but matrix maps 8 jurisdictions (NSW, VIC, QLD, WA, SA, TAS, ACT, NT) across multiple licence names","Schedule entries use varied licence titles and cite 8 separate state/territory statutes (cross‑references)","Inclusion of conditional clauses allowing receiving authorities to replicate additional conditions on a licence (exception/replication rule)","Reference to external technical standard AS/NZS 3000 for key definitions (cross‑document dependency)","Explicit carve‑out that only licences issued to natural persons are covered (scope restriction)","Annual review and publication requirement creates ongoing administrative obligation","Preservation of Mutual Recognition Act default where no equivalent is declared (fallback cross‑reference)","Optional pre‑issuance non‑skill requirements (insurance, trust accounts) that permit variable application by regulators"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This is a ministerial declaration under the Mutual Recognition Act 1992 that identifies one occupation (in this document: individual unrestricted electrical contractors) and declares the registration outcomes that must be given to holders of that registration when they seek recognition in another Australian jurisdiction (the Schedule maps the equivalence between jurisdictions). (See: declaration text and Schedule.)\n- If a person is already licensed in the first jurisdiction listed in Column A of a row, the second jurisdiction listed in any other column in that row must grant registration in the terms shown in the Schedule (subject to any conditions/limitations shown). (See: declaration paragraph and Schedule 1.)\n- Where the original licence in Column A carries extra conditions not shown in the Schedule, the registration authority in the second jurisdiction must recognise the primary licence and may apply matching conditions when issuing the equivalent licence. (See: Notes.)\n- If a licence or a particular cross-jurisdiction outcome is not included in the Schedule, or the Schedule says “No equivalent declared”, the second jurisdiction decides recognition under the ordinary Mutual Recognition Act rules. (See: Notes.)\n- The declaration applies only to licences issued to natural persons (individuals), not licences issued to companies. (See: Notes.)\n- The declaration (and any later declarations) will be reviewed annually and published on the COAG mutual recognition website and relevant licensing authority websites. (See: Notes.)\n\n**Who is affected**\n\n- Individual electricians who hold an “individual unrestricted electrical contractor” licence in one Australian jurisdiction and want recognition of that licence in another jurisdiction. (See: Schedule 1 and definitions.)\n- State and territory registration authorities that issue electrical contractor licences — they must follow the declared equivalences in the Schedule when processing mutual recognition applications, subject to the residual discretions noted. (See: declaration and Notes.)\n- Employers and clients who contract with electricians may be affected indirectly through changes in cross‑border supply of electrical services.\n\n**Key definitions and technical references (how scope is described)**\n\n- The instrument defines the work covered as “electrical work” and gives examples (selection, installation, testing, fault‑finding, repair, supervision etc.). It uses the terms “electrical equipment”, “electrical installation” and references AS/NZS 3000 (the wiring rules) for technical definitions. (See: Agreed scope of work.)\n- The Schedule maps licence names used in each jurisdiction and cites the state/territory Acts under which those licences are issued (e.g. Electricity Safety Act 1998 (VIC), Electrical Safety Act 2002 (QLD), etc.). (See: Codes for statutes.)\n\n**Official purpose-claim and an operational reality check**\n\n- The declared purpose (attributed to COAG) is to achieve “full and effective mutual recognition” for registered occupations. Operationally, the Schedule implements that by stating which licence in one jurisdiction is taken to be equivalent to which licence in another. (See: opening paragraph and Schedule.)\n- Costs and compliance burdens: applicants will still need to satisfy any public‑protection requirements the receiving jurisdiction insists on (insurance, fidelity funds, trust accounts and the like) before an equivalent licence is actually issued. Those are explicitly permitted as pre‑issuance checks. That means applicant mobility is facilitated but not unconditional — there can be extra administrative and compliance costs to meet jurisdictional consumer‑protection measures. (See: Additional non‑skill requirements.)\n- Decision authority and discretion: the receiving registration authority remains the formal decision‑maker. The declaration constrains that authority for declared equivalences but preserves its ability to require proof of compliance with protections and to follow the Mutual Recognition Act where no equivalence is declared. Thus the declaration reduces some discretionary barriers but does not eliminate all regulatory discretion. (See: Notes and Additional non‑skill requirements.)\n- Effects on private enterprise and competition: by standardising recognition outcomes for one occupation, the declaration lowers an explicit regulatory barrier to cross‑jurisdictional practice for individual electricians named in the Schedule. That increases the potential for cross‑border supply of services and increases competition among individual contractors across jurisdictions. The Schedule’s use of jurisdictional licence names and cited statutes shows implementation requires co‑ordination across different regulatory frameworks. (See: Schedule and Codes for statutes.)\n\n**Trade‑offs, risks and implementation points to watch**\n\n- Substitution and regulatory compliance: an electrician who wants to work interstate will still need to meet jurisdictional consumer‑protection requirements (insurance etc.), creating potential administrative delay and cost. (See: Additional non‑skill requirements.)\n- Mapping differences: the Schedule maps different licence titles and sometimes different statutory bases; where technical scope differs in practice, regulators may need to interpret equivalence (implementation risk). The declaration mitigates that by giving an agreed scope of work and technical references (AS/NZS 3000). (See: Agreed scope of work and Codes for statutes.)\n- Coverage limits: the declaration applies only to natural persons and only to the occupations and licence‑outcomes listed in the Schedule; any occupation or licence not listed falls back to the general Mutual Recognition Act process. (See: Notes.)\n- Administrative transparency: the instrument requires annual review and publication of declarations, which provides a mechanism for correction and updates but also requires ongoing administrative effort by COAG and regulators. (See: Notes.)\n\nWhy this matters\n\n- Mechanically, the declaration is a compact implementation step: it tells registration authorities how to treat interstate licences for a named occupation. For affected electricians and licensing authorities, the declaration reduces uncertainty about recognition outcomes, while preserving jurisdictional protections and some decision‑making tasks for the receiving regulator. (See: whole instrument.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This declaration remains tightly scoped to its original purpose under the Mutual Recognition Act 1992. It implements the COAG agreement for specific occupational equivalence (electrical contractors) without expanding beyond the Act's framework for mutual recognition of registered occupations. The scope is actually narrower than the Act permits, being limited to a single occupation and excluding corporate licences."},"complexity_factors":["Multiple nested HTML tables with jurisdiction cross-referencing (8×8 matrix mapping licences across all states/territories)","Requires understanding of the underlying Mutual Recognition Act 1992 framework to fully comprehend legal effect","Incorporates external standards by reference (AS/NZS 3000 'wiring rules') for key defined terms","Conditional logic regarding additional licence conditions that must be replicated across jurisdictions","Exception for non-skill requirements (insurance, fidelity funds, trust accounts) that vary by jurisdiction","Cross-references to 8 different state/territory statutes for licence issuance authority"],"plain_english_summary":"This ministerial declaration sets a national, interstate recognition scheme for individual electrical contractors, using a lookup table that maps each jurisdiction’s contractor licence to its equivalents so holders can work across state borders without re‑licensing. \n\nIt excludes company licences, preserves any original licence conditions, allows states to require non‑skill checks (insurance, trust accounts), and preserves Mutual Recognition Act fallback for unlisted licences."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008","history":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008/history","analysis":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008/analysis","conflicts":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008/conflicts","importantCases":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008/important-cases","documents":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-08-05-2008/documents"}}