3. Mutual recognition
A person who holds current registration in another Australian state or territory or New Zealand (NZ) to perform an electrical occupation, trade, profession or calling may apply for a Queensland electrical licence on the basis of mutual recognition. The relevant legislation for mutual recognition is the Mutual Recognition Act (Queensland) 1992 (PDF, 413 KB) , the Trans-Tasman Mutual Recognition Act 2003 (PDF, 471 KB) , the Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (09/02/2007) and (08/05/2008).
The MD (09/02/2007) and MD (08/05/2008) give effect to mutual recognition of registered occupations including electricians, electrical fitters, cable jointers, lineworkers, restricted electrical licences and individual unrestricted electrical contractor licences, subject to any conditions, limitations or restrictions.
However the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in the second jurisdiction (in this case Queensland). Mutual recognition applicants will be required to meet Queensland requirements which are not equivalent e.g. electrical contractors will be required to hold financial and insurance requirements to the level prescribed under the Regulation.
A Queensland licence awarded under mutual recognition arrangements will include any conditions or restrictions that apply to the licence, registration, or authority of the other jurisdiction. Applicants must be informed of further training which they could undertake to achieve competence allowing the removal of any conditions or restrictions.
Applicants must satisfy the chief executive that they met any regulatory standards in the state where they previously performed the electrical work or conducted the electrical business. This may typically be evidenced by a current registration.
If a registration is not included in the MD 09/02/2007 or MD 08/05/2008, or if the registration outcome depicted on a Schedule is the statement ‘No equivalent declared’, the decision on recognition of registration will be made by the chief executive in accordance with the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003.
To satisfy the chief executive, applicants must provide a written notice and documentation covering the elements required in the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003. Registration on the basis of mutual recognition must be granted, postponed or refused within one month after the notice is lodged (s.21, MRQA 1992; s.20, TTMRQA 2003). Until such time, the person is deemed to be registered (s.25, MRQA 1992; s.24, TTMRQA 2003).
Application of mutual recognition to each class of electrical work licence and electrical contractor licences is discussed in the eligibility requirements sections.
|
Standard to satisfy the chief executive Completed mutual recognition statutory declaration which addresses all the elements listed in section 19 of the Mutual Recognition (Queensland) Act 1992 or section 18 of the Trans-Tasman Mutual Recognition (Queensland) Act 2003. This includes appropriate evidence that the person holds a current registration required by or under legislation as listed in either Schedules 9 to 13 of the MD 09/02/2007 or Schedule 1 of the MD 08/05/2008 or listed in Attachment A. Acceptable mutual recognition statutory declarations covering the necessary elements are available. |
Last updated 22 July 2009
Other languages