{"id":"qld:act-2010-049","name":"Occupational Licensing National Law (Queensland) Act 2010","slug":"occupational-licensing-national-law-queensland-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"49 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29843,"registerId":"qld-act-2010-049-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Occupational Licensing National Law (Queensland) Act 2010 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day or days to be fixed by proclamation.\nDifferent days may be appointed under subsection (1) for the commencement of different provisions of the Occupational Licensing National Law set out in the schedule to the Occupational Licensing National Law Act 2010 of Victoria.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n(sec.2-ssec.1) This Act commences on a day or days to be fixed by proclamation.\n(sec.2-ssec.2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Occupational Licensing National Law set out in the schedule to the Occupational Licensing National Law Act 2010 of Victoria.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nOccupational Licensing National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\nTerms used in this Act and also in the Occupational Licensing National Law set out in the schedule to the Occupational Licensing National Law Act 2010 of Victoria have the same meanings in this Act as they have in that Law.\n(sec.3-ssec.1) In this Act— Occupational Licensing National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\n(sec.3-ssec.2) Terms used in this Act and also in the Occupational Licensing National Law set out in the schedule to the Occupational Licensing National Law Act 2010 of Victoria have the same meanings in this Act as they have in that Law.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Adoption of National Law","content":"# Adoption of National Law","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Adoption of Occupational Licensing National Law","content":"### sec.4 Adoption of Occupational Licensing National Law\n\nThe Occupational Licensing National Law, as in force from time to time, set out in the schedule to the Occupational Licensing National Law Act 2010 of Victoria—\napplies as a law of this jurisdiction; and\nas so applying may be referred to as the Occupational Licensing National Law (Queensland) ; and\nso applies as if it were part of this Act.\nThe Victorian Act was repealed on 11 May 2016.\n- (a) applies as a law of this jurisdiction; and\n- (b) as so applying may be referred to as the Occupational Licensing National Law (Queensland) ; and\n- (c) so applies as if it were part of this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.5 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply to the Occupational Licensing National Law (Queensland) or to instruments made under the Law—\nActs Interpretation Act 1954 ;\nAuditor-General Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\nFinancial Accountability Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\nInformation Privacy Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity and do not relate to the national registers kept under the Law;\nOmbudsman Act 2001 , other than to the extent that functions are being exercised under the Law by a State entity;\nPublic Records Act 2023 , other than to the extent that functions are being exercised under the Law by a State entity;\nPublic Sector Ethics Act 1994 , other than to the extent that functions are being exercised under the Law by a State entity;\nPublic Sector Act 2022 , other than to the extent the functions are being exercised under the Law by a State entity;\nRight to Information Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\nStatutory Bodies Financial Arrangements Act 1982 , other than to the extent that functions are being exercised under the Law by a State entity;\nStatutory Instruments Act 1992 , other than to the extent provided for in section 164 (Parliamentary scrutiny of national regulations) of the Law.\ns 5 amd 2022 No. 34 s 365 sch 3 ; 2023 No. 33 s 107 sch 4\n- (a) Acts Interpretation Act 1954 ;\n- (b) Auditor-General Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (c) Financial Accountability Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (d) Information Privacy Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity and do not relate to the national registers kept under the Law;\n- (e) Ombudsman Act 2001 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (f) Public Records Act 2023 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (g) Public Sector Ethics Act 1994 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (h) Public Sector Act 2022 , other than to the extent the functions are being exercised under the Law by a State entity;\n- (i) Right to Information Act 2009 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (j) Statutory Bodies Financial Arrangements Act 1982 , other than to the extent that functions are being exercised under the Law by a State entity;\n- (k) Statutory Instruments Act 1992 , other than to the extent provided for in section 164 (Parliamentary scrutiny of national regulations) of the Law.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relevant tribunal or court","content":"### sec.6 Relevant tribunal or court\n\nFor the Occupational Licensing National Law (Queensland) , section 4 , definition relevant tribunal or court, the tribunals and courts mentioned in the schedule are declared to be relevant tribunals or courts for this jurisdiction for the purposes of the provisions of the Law and the licensed occupations stated in the schedule.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Penalty at end of provision","content":"### sec.7 Penalty at end of provision\n\nIn the Occupational Licensing National Law (Queensland) , a penalty stated at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the stated penalty.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Information from commissioner of police service","content":"### sec.8 Information from commissioner of police service\n\nThe Licensing Authority may ask the commissioner of the police service to give the Authority a report that includes information about a person’s criminal history relevant to whether the person satisfies personal probity requirements under the Occupational Licensing National Law , whether as applied in this jurisdiction or another jurisdiction (the Law ).\nSubsection (3) applies if the following information ( change of information ) comes to the knowledge of the commissioner—\na change to the information included in the report;\nnew information that would have been included in the report if the information had existed or been known when the report was made.\nThe commissioner may notify the Licensing Authority of the change of information.\nFor subsections (1) and (3) , the Licensing Authority and the commissioner may enter into a written arrangement by which information is given.\nThe arrangement must state all limitations on the purposes for which the information may be used, including limitations imposed on the use of the information under the Law.\nIn this section—\nLicensing Authority includes a State or Territory entity.\nState or Territory entity is defined in the Occupational Licensing National Law (Queensland) , section 4 .\n(sec.8-ssec.1) The Licensing Authority may ask the commissioner of the police service to give the Authority a report that includes information about a person’s criminal history relevant to whether the person satisfies personal probity requirements under the Occupational Licensing National Law , whether as applied in this jurisdiction or another jurisdiction (the Law ).\n(sec.8-ssec.2) Subsection (3) applies if the following information ( change of information ) comes to the knowledge of the commissioner— a change to the information included in the report; new information that would have been included in the report if the information had existed or been known when the report was made.\n(sec.8-ssec.3) The commissioner may notify the Licensing Authority of the change of information.\n(sec.8-ssec.4) For subsections (1) and (3) , the Licensing Authority and the commissioner may enter into a written arrangement by which information is given.\n(sec.8-ssec.5) The arrangement must state all limitations on the purposes for which the information may be used, including limitations imposed on the use of the information under the Law.\n(sec.8-ssec.6) In this section— Licensing Authority includes a State or Territory entity. State or Territory entity is defined in the Occupational Licensing National Law (Queensland) , section 4 .\n- (a) a change to the information included in the report;\n- (b) new information that would have been included in the report if the information had existed or been known when the report was made.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Proceedings for offences","content":"### sec.9 Proceedings for offences\n\nProceedings for an offence against the Occupational Licensing National Law (Queensland) must be taken in a summary way under the Justices Act 1886 .","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Regulation-making power","content":"### sec.10 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act imports the Occupational Licensing National Law on a rolling basis (‘as in force from time to time’) (s 4), so the practical scope of Queensland’s licensing regime can change without amending this Act. Section 5 narrows the operation of many Queensland Acts in relation to the national law, shifting regulatory competence to the adopted national instrument. The note that the Victorian Act was repealed adds uncertainty about where and how the authoritative schedule is maintained."},"complexity_factors":["Adopts an external, dynamically updating text (‘as in force from time to time’) rather than fixing a stand‑alone statute (s 4).","Excludes a long list of Queensland Acts from applying to the national law or instruments made under it, creating carve‑outs and interaction rules (s 5).","Declares relevant tribunals/courts for the jurisdiction rather than embedding dispute resolution details (s 6).","Authorises sharing of police criminal‑history information with the Licensing Authority subject to written arrangements and use limitations (s 8).","Commencement by proclamation allows staggered start dates for different provisions (s 2).","Specifies interpretation of penalties stated at the end of provisions, affecting enforcement certainty (s 7).","Grants regulation‑making power to the Governor in Council, adding subordinate law complexity (s 10).","References an external Victorian Act schedule (and notes that the Victorian Act was repealed), which complicates locating the operative text and history."],"plain_english_summary":"This Act brings the Occupational Licensing National Law into Queensland by treating the national text set out in the Victorian schedule as Queensland law “as in force from time to time.” It makes that national regime enforceable in Queensland, sets prosecution procedure and penalties, authorises information-sharing with police for probity checks, and allows regulations to be made. This matters to licensed workers, licensing authorities and businesses because it centralises licensing rules and lets changes to the national law automatically alter Queensland’s regime."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original intent was to establish a functioning national occupational licensing scheme for Queensland workers. However, the foundation of the scheme — the Victorian Occupational Licensing National Law Act 2010 — was repealed on 11 May 2016, fundamentally undermining the law's purpose. What was intended as a durable national reform framework has effectively become a dormant or spent piece of legislation, representing a significant departure from its original scope and ambition."},"complexity_factors":["Incorporates an external Victorian law by reference rather than containing the substantive rules itself — readers must locate and read a separate document to understand what the law actually requires","The referenced Victorian Act was repealed in 2016, creating significant uncertainty about the law's current operational status and effect","Cooperative federalism structure is inherently complex — the law operates at an intersection of Queensland and national legal frameworks","Broad carve-outs from standard Queensland accountability legislation (10+ Acts excluded) require readers to understand what protections they do and don't have","Definitions cross-reference the Victorian schedule, making self-contained reading impossible","The 'State entity' distinction throughout section 5 creates layered exceptions that require careful parsing","Criminal history information-sharing provisions involve multiple actors (Licensing Authority, Police Commissioner, State/Territory entities) with conditional obligations"],"plain_english_summary":"This Queensland Act is a gateway law adopting a Victoria-drafted national licensing framework so Queensland would use the same licences and rules as other participating jurisdictions. It primarily affects workers in licensed trades, their employers, the Licensing Authority and Queensland Police (which can be asked for criminal-history checks).\n\nThe national scheme was repealed in May 2016, so the Act is largely historical; it also exempts many standard Queensland accountability laws from applying to the adopted scheme."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is an application statute with a narrow, specific purpose: to adopt the national occupational licensing law into Queensland. It has not expanded beyond its original intent of enabling Queensland's participation in the national scheme. The amendments since 2010 have been minor housekeeping updates (updating references to renamed Queensland Acts like the Public Records Act 2023 and Public Sector Act 2022)."},"complexity_factors":["The Act is short (only 10 sections) but relies entirely on an external document — the Victorian Occupational Licensing National Law — which is not reproduced in the text","Multiple cross-references to Victorian legislation and its schedule, requiring readers to consult another jurisdiction's law","Complex carve-outs in section 5 excluding 10 different Queensland Acts from applying, each with conditional exceptions ('other than to the extent...')","Nested definitions requiring readers to understand 'State or Territory entity' and 'Licensing Authority' by reference to the adopted Victorian law","The Victorian Act referenced was repealed in 2016, creating potential confusion about which version of the law currently applies"],"plain_english_summary":"This is Queensland's **application law** for a national scheme to regulate occupational licensing across Australia.\n\n**What it does:**\n- **Adopts a Victorian law** — Queensland essentially copies the 'Occupational Licensing National Law' from Victoria and treats it as Queensland law. This is called a 'mirror' or 'application' statute.\n- **Creates consistency** — By using the same rules as other states, licensed workers (like electricians, plumbers, or other regulated trades) can more easily work across state borders without needing multiple licences.\n- **Sets up the framework** — The Act establishes how the national law operates in Queensland, including:\n  - Which Queensland courts and tribunals handle disputes\n  - How criminal history checks work for licence applicants\n  - Which Queensland laws **don't** apply to the national scheme (like standard public sector accountability laws)\n\n**Who it affects:**\n- Anyone applying for or holding an occupational licence in Queensland that's covered by the national scheme\n- The Queensland Licensing Authority (the regulator)\n- Interstate workers wanting to work in Queensland under mutual recognition\n\n**Why it matters:**\nWithout this Act, Queensland wouldn't participate in the national licensing system. This legislation ensures Queensland tradespeople can work interstate more easily, and interstate workers can operate in Queensland, reducing red tape for skilled workers moving around Australia."}},"importantCases":[],"_links":{"self":"/api/acts/occupational-licensing-national-law-queensland-act-2010","history":"/api/acts/occupational-licensing-national-law-queensland-act-2010/history","analysis":"/api/acts/occupational-licensing-national-law-queensland-act-2010/analysis","conflicts":"/api/acts/occupational-licensing-national-law-queensland-act-2010/conflicts","importantCases":"/api/acts/occupational-licensing-national-law-queensland-act-2010/important-cases","documents":"/api/acts/occupational-licensing-national-law-queensland-act-2010/documents"}}