5DMinister required to seek exclusions for certain occupations

5D Minister required to seek exclusions for certain occupations

5D Minister required to seek exclusions for certain occupations

(1) The Minister must, before or no later than 1 month after section 42T of the amended Commonwealth Act commences, make a declaration using section 42T (a temporary exclusion declaration) to exclude each relevant occupation from the operation of automatic deemed registration.

(2) If a temporary exclusion declaration for a relevant occupation is not revoked before the end of the initial exclusion period, the Minister must make a declaration using section 42S of the amended Commonwealth Act (a significant risk exclusion declaration) to continue its exclusion from the operation of automatic deemed registration.

(3) The Minister must make further significant risk exclusion declarations for an occupation mentioned in subsection (2) each time a previous significant risk exclusion declaration for the occupation ends for a reason other than revocation.

(4) The Minister must comply with subsections (2) and (3) before the previous declaration ends.

(5) The Minister must consult with relevant trade unions and industry groups at least once during each 12-month period during which a significant risk exclusion declaration for a relevant occupation is in force about whether the continued exclusion of the occupation is appropriate having regard to the purpose of the amended Commonwealth Act specified by section 3 of that Act.

(6) The Minister must not revoke a temporary exclusion declaration or significant risk exclusion declaration for a relevant occupation before it is due to end unless the Minister—

(a) has tabled a revocation proposal in each House of Parliament, and

(b) the disallowance period for the proposal has ended or all motions to disallow the proposal have been defeated.

(7) A revocation proposal for a relevant occupation must state—

(a) the trade unions and industry groups the Minister has consulted about the proposal, and

(b) the reasons why the Minister is satisfied the end of the exclusion of the occupation from the operation of automatic deemed registration would not—

(i) place the public at risk of harm, or