{"id":"mutual-recognition-western-australia-act-2020","name":"Mutual Recognition (Western Australia) Act 2020","slug":"mutual-recognition-western-australia-act-2020","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105754,"registerId":"wa-mutual-recognition-western-australia-act-2020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition (Western Australia) Act 2020","content":"![Crest]()Western Australia\n\nMutual Recognition (Western Australia) Act 2020\n\nWestern Australia\n\nMutual Recognition (Western Australia) Act 2020\n\nContents\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Adoption of Commonwealth Act 2\n\n5. Regulations for temporary exemption for goods or laws 3\n\n6. Disclosure to registration authorities in participating jurisdictions 3\n\n7. Protection from liability for giving information 5\n\n8. Tabling documents relating to scheme reviews 5\n\n9. Termination of adoptions 6\n\n10. Revoking termination proclamations 6\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nMutual Recognition (Western Australia) Act 2020\n\nAn Act —\n\n- to adopt the *Mutual Recognition Act 1992* (Commonwealth) as originally enacted and any amendments made to it before this Act receives the Royal Assent, for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and\n- to adopt the amendments made to the *Mutual Recognition Act 1992* (Commonwealth) by the *Mutual Recognition Amendment Act 2021* (Commonwealth), for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and\n- for related purposes.\n\n\n[Long title inserted: No. 7 of 2022 s. 4.]\n\n##### 1. Short title\n\nThis is the *Mutual Recognition (Western Australia) Act 2020*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on 1 March 2021.\n\n##### 3. Terms used\n\nIn this Act —\n\nadopt has the same meaning as in the Constitution of the Commonwealth section 51(xxxvii);\n\nCommonwealth Act means the *Mutual Recognition Act 1992* (Commonwealth).\n\n##### 4. Adoption of Commonwealth Act\n\n(1) The State of Western Australia adopts the Commonwealth Act as originally enacted and any amendments made to it before this Act receives the Royal Assent.\n\n(1A) Without limiting subsection (1), the State adopts the amendments made to the Commonwealth Act by the *Mutual Recognition Amendment Act 2021* (Commonwealth).\n\n(2) The adoption under subsection (1) does not operate so as to give effect to any adopted provision before that provision commences as a law of the Commonwealth.\n\n(3) To avoid doubt, it is the intention of the Parliament of the State that a Schedule to the Commonwealth Act as adopted under this Act may be amended from time to time by regulations made under the Commonwealth Act.\n\n(4) The Minister is to cause a copy of any regulations referred to in subsection (3) to be laid before each House of Parliament within 14 sitting days of that House after the registration of the regulations in the Federal Register of Legislation maintained under the *Legislation Act 2003* (Commonwealth).\n\n(5) The adoptions under subsections (1) and (1A) terminate in accordance with section 9.\n\n[Section 4 amended: No. 7 of 2022 s. 5.]\n\n##### 5. Regulations for temporary exemption for goods or laws\n\nWithout limiting any other power to make regulations under any other Act, the Governor may make regulations for the purposes mentioned in the Commonwealth Act section 15 as adopted under this Act.\n\n##### 6. Disclosure to registration authorities in participating jurisdictions\n\n(1) In this section —\n\nactivity has the meaning given in section 4(1) of the Commonwealth Act;\n\ncovers has the meaning given in section 4(1) of the Commonwealth Act;\n\noccupation has the meaning given in section 4(1) of the Commonwealth Act;\n\nparticipating jurisdiction has the meaning given in section 5(4) of the Commonwealth Act;\n\nregistration, of an individual for an occupation, means a registration, licence, approval, admission, certification (including a practising certificate) or other authorisation given under law that authorises the individual to carry on the occupation or an activity covered by the occupation;\n\nregistration authority, for an occupation in a participating jurisdiction, means a person who gives individuals registrations for the occupation in the participating jurisdiction.\n\n(2) This section applies if a registration authority for an occupation in the State gives a registration for the occupation to an individual and any of the following events occur —\n\n(a) the individual’s registration is suspended or cancelled;\n\n(b) the registration authority refuses to renew the individual’s registration;\n\n(c) a condition is imposed on the individual’s registration;\n\n(d) an action is taken against the individual on disciplinary grounds in connection with —\n\n(i) the individual’s registration; or\n\n(ii) carrying on the occupation or an activity covered by the occupation;\n\n(e) civil or criminal proceedings are commenced against the individual that are relevant to —\n\n(i) the individual’s registration; or\n\n(ii) carrying on the occupation or an activity covered by the occupation.\n\n(3) Despite any written law relating to confidentiality, privacy or secrecy, a registration authority for the occupation in the State may give the following information to a registration authority for the occupation in another participating jurisdiction —\n\n(a) the individual’s name, address and any other information necessary to identify the individual;\n\n(b) information about the individual’s registration, including any conditions imposed;\n\n(c) information about the event, including the outcome of the event.\n\n[Section 6 inserted: No. 7 of 2022 s. 6.]\n\n##### 7. Protection from liability for giving information\n\n(1) If information is given in good faith under section 6 of this Act or section 33, 37, 42M, 42N, 42P or 42V of the Commonwealth Act —\n\n(a) no civil or criminal liability is incurred in respect of giving the information; and\n\n(b) giving the information is not to be regarded as a breach of any duty of confidentiality, privacy or secrecy imposed by law; and\n\n(c) giving the information is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.\n\n(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).\n\n[Section 7 inserted: No. 7 of 2022 s. 6.]\n\n##### 8. Tabling documents relating to scheme reviews\n\n(1) In this section —\n\nintergovernmental agreement means the Intergovernmental Agreement on the Automatic Mutual Recognition of Occupational Registration entered into by the Commonwealth, the States and the Northern Territory on 11 December 2020, as in force from time to time;\n\nscheme review means a review of the operation and effectiveness of the intergovernmental agreement and the Commonwealth Act carried out under clause 12 of the intergovernmental agreement.\n\n(2) Subsection (3) applies if —\n\n(a) a scheme review is carried out; and\n\n(b) a report is prepared by the person carrying out the review; and\n\n(c) the Minister receives the report.\n\n(3) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after the Minister receives the report.\n\n(4) If a report to which subsection (3) applies contains sensitive, confidential or personal information, the Minister may comply with subsection (3) by removing the sensitive, confidential or personal information from the report before causing the document to be laid before each House.\n\n[Section 8 inserted: No. 7 of 2022 s. 6.]\n\n##### 9. Termination of adoptions\n\n(1) The Governor may by proclamation fix a day as the day on which —\n\n(a) the adoptions under both section 4(1) and (1A) are to terminate; or\n\n(b) the adoption under section 4(1) is to terminate; or\n\n(c) the adoption under section 4(1A) is to terminate.\n\n(2) However, the Governor cannot fix a day under subsection (1)(b) that is before a day fixed under subsection (1)(c).\n\n(3) If the adoption under section 4(1A) terminates before the adoption under section 4(1), the termination of the adoption under section 4(1A) does not affect the continued operation in the State of the Commonwealth Act as adopted under section 4(1).\n\n[Section 9 inserted: No. 7 of 2022 s. 6.]\n\n##### 10. Revoking termination proclamations\n\n(1) The Governor may by proclamation (a revoking proclamation) revoke a proclamation made under section 9(1).\n\n(2) A revoking proclamation has effect only if published in the *Gazette* before the day fixed in the proclamation made under section 9(1).\n\n(3) If a revoking proclamation has effect, the revoked proclamation is taken never to have been made.\n\n(4) A revoking proclamation does not prevent the further making of a proclamation under section 9(1).\n\n[Section 10 inserted: No. 7 of 2022 s. 6.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Mutual Recognition (Western Australia) Act 2020* and includes amendments made by other written laws*.* For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Mutual Recognition (Western Australia) Act 2020* | 44 of 2020 | 30 Nov 2020 | s. 1 and 2: 30 Nov 2020 (see s. 2(a));   Act other than s. 1 and 2: 1 Mar 2021 (see s. 2(b)) |\n| *Mutual Recognition (Western Australia) Amendment Act 2022* Pt. 2 | 7 of 2022 | 29 Mar 2022 | 1 Jul 2022 (see s. 2(b) and SL 2022/80 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nactivity 6(1)\n\nadopt 3\n\nCommonwealth Act 3\n\ncovers 6(1)\n\nintergovernmental agreement 8(1)\n\noccupation 6(1)\n\nparticipating jurisdiction 6(1)\n\nregistration 6(1)\n\nregistration authority 6(1)\n\nrevoking proclamation 10(1)\n\nscheme review 8(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2020 Act was a straightforward adoption of the 1992 Commonwealth Act. The 2022 amendments significantly expanded scope by: (1) adding adoption of the 2021 Commonwealth amendments (section 4(1A)), (2) creating an extensive information sharing regime with other jurisdictions (section 6), (3) adding liability protections (section 7), (4) establishing parliamentary scrutiny of scheme reviews (section 8), and (5) creating a sophisticated termination/revocation mechanism (sections 9-10). The legislation evolved from a simple 'reference of powers' vehicle into a comprehensive framework for interstate professional mobility with robust administrative and oversight mechanisms."},"complexity_factors":["Adoption mechanism requires understanding of constitutional 'reference of powers' (section 51(xxxvii)) and interplay between state and federal law","Multiple commencement dates and amendment history (2020 original, 2022 amendments) creating layered effect","Cross-references to Commonwealth Act sections (15, 33, 37, 42M, 42N, 42P, 42V) without reproducing their content","Conditional termination logic in sections 9-10 with multiple scenarios (terminating both adoptions, just the original, or just the 2021 amendments) and restrictions on sequencing","Nested definitions in section 6(1) that reference definitions in the Commonwealth Act rather than defining them locally","Good faith protections in section 7 that create multiple legal shields (civil/criminal immunity, confidentiality breach exemption, professional ethics exemption)"],"plain_english_summary":"This Western Australian law adopts the Commonwealth's Mutual Recognition Act 1992 (and its 2021 amendments) into state law. This creates a system where professionals registered in one Australian state or territory can work in another without needing to re-register from scratch.\n\n**What it does:**\n- **Adopts federal law**: Western Australia agrees to apply the Commonwealth Mutual Recognition Act as if it were state law, using a constitutional mechanism called \"reference of powers\" (where states temporarily give the federal government power to make laws on their behalf).\n- **Automatic mutual recognition**: If you're a registered professional (like a plumber, electrician, or nurse) in Queensland, you can work in WA without jumping through all the usual registration hoops.\n- **Information sharing**: Registration bodies (like licensing boards) can share information about disciplinary actions, suspensions, or criminal proceedings against professionals with other states, even if privacy laws would normally prevent this.\n- **Protection for whistleblowers**: People who share this information in good faith are protected from lawsuits and can't be punished for breaking confidentiality rules.\n- **Temporary exemptions**: The government can make regulations to temporarily exempt certain goods or laws from mutual recognition if needed.\n- **Exit clauses**: The state can terminate its participation in the scheme through proclamation, and can revoke such terminations if circumstances change.\n\n**Who it affects:**\n- Registered professionals wanting to work across state borders\n- Registration authorities (licensing boards and professional bodies)\n- Employers hiring interstate workers\n- Consumers who benefit from easier movement of skilled workers\n\n**Why it matters:**\nThis breaks down barriers to working across Australia. Before mutual recognition, a tradesperson or professional moving states often faced expensive and time-consuming re-registration processes. This law helps create a national market for skills and labour, making it easier for people to move for work and for businesses to find skilled staff."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible from the available information."},"complexity_factors":["Full legislative text was unavailable — analysis is based on title inference only","Mutual recognition schemes can involve cross-jurisdictional interactions between Commonwealth and state laws, which adds some inherent complexity","Complexity cannot be properly assessed without access to the actual provisions, schedules, or amendments"],"plain_english_summary":"The Mutual Recognition (Western Australia) Act 2020 likely enables licences, registrations or qualifications issued in one Australian state or territory to be recognised in Western Australia, easing movement for workers and businesses across borders. It mainly affects licensed workers (e.g. tradies, health professionals), multi‑state businesses and regulatory bodies by reducing administrative barriers to interstate practice.\n\nThis summary is based only on the Act’s title; the full text was unavailable—verify specifics with WA Parliamentary Counsel."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act does more than a straightforward adoption of the Commonwealth Act: it expressly adopts specific Commonwealth amendments (s4(1A)) and adds operational provisions at the State level. Those additions include regulation‑making for temporary exemptions (s5), statutory permission to disclose registration‑related information across participating jurisdictions (s6) together with liability protection for disclosers (s7), a duty to table reviews of the intergovernmental scheme (s8), and mechanisms to terminate or revoke the State’s adoptions by proclamation (ss9–10). These measures broaden the State‑level implementation framework beyond mere adoption and shift decision, compliance and disclosure burdens as described above."},"complexity_factors":["Adoption creates close dependency on the Commonwealth Act and its amendments, requiring cross‑jurisdictional legal alignment and timing awareness (s4(1), s4(1A)).","Adoption does not take effect before corresponding Commonwealth provisions commence, producing a sequencing constraint for implementation (s4(2)).","Governor may make regulations for temporary exemptions, giving executive discretion over when mutual recognition does not apply (s5).","Overrides confidentiality/privacy limits to permit inter‑jurisdictional disclosure by registration authorities, imposing new data‑sharing and compliance considerations (s6).","Statutory immunity for giving information shifts liability away from disclosers and the State for certain disclosures, affecting risk allocation (s7).","Obligation to table scheme review reports (with permitted redactions) creates parliamentary transparency duties and document‑handling steps (s8).","Termination and revocation by proclamation centralise power in the executive with sequencing rules between different adoptions, which affects legal certainty and planning (ss9–10)."],"plain_english_summary":"This Act brings the Commonwealth Mutual Recognition Act 1992 (including specified 2021 amendments) into Western Australian law so registrations and approvals from other Australian jurisdictions operate in WA. It gives the Governor power to make temporary exemption regulations (s5), allows WA registration authorities to share regulatory information with counterpart authorities across participating jurisdictions (s6) and protects those who disclose information from liability (s7). The Act also requires tabling of intergovernmental scheme review reports (s8) and allows the adoption to be ended or reinstated by proclamation (ss9–10)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-western-australia-act-2020","history":"/api/acts/mutual-recognition-western-australia-act-2020/history","analysis":"/api/acts/mutual-recognition-western-australia-act-2020/analysis","conflicts":"/api/acts/mutual-recognition-western-australia-act-2020/conflicts","importantCases":"/api/acts/mutual-recognition-western-australia-act-2020/important-cases","documents":"/api/acts/mutual-recognition-western-australia-act-2020/documents"}}