SA introduces scheme to enable recognition of interstate licences

Workers who hold certain licences or registrations can work across Australia using their current licence. Automatic Mutual Recognition (AMR) aims to reduce red tape and decrease the cost of doing business for workers and business owners. It also aims to ease the burden on FIFO workers or those relocating to another state on a temporary basis. Current licence holders can take up work opportunities across the country using the licence or registration issued to them in their home state, without needing to apply for a licence or registration in another state or territory. For the purposes of AMR an individual’s home state is defined as their primary place of residence or work.

In South Australia, the AMR scheme commenced on 20 December 2021. The commencement date for Automatic Mutual Recognition is different in each state and territory. The provisions for the AMR can be found within the Mutual Recognition (South Australia) (Further Adoption) Amendment Act 2021 and the Mutual Recognition (South Australia) Act 1993. The Amendment Act adopts the Commonwealth’s Mutual Recognition Act amendments to implement the new Automatic Mutual Recognition Scheme for occupational registrations/licences.

While the AMR Scheme has commenced in South Australia, some licensees will have to wait until later in 2022 to benefit fully from the scheme. SafeWork SA-issued licences covered under the AMR scheme include the high risk work licence (commenced), accredited assessor for high risk work licence (commenced), gas fitter licence (to commence on 1 July 2022), pyrotechnician licence (to commence on 1 July 2022) and employment agent licence (to commence on 1 July 2022).

Licensees or registrants can only conduct the activities in South Australia that are registered under their licence or registration in their home state or territory. Licensees or registrants must comply with all relevant South Australian laws when conducting their activities in South Australia. The same position applies to South Australians seeking AMR to operate in other states and territories. Exemptions in other states or territories will also impact the ability of South Australian licensees or registrants to benefit from AMR in the short term.

SafeWork SA will release further details on the application of the scheme over the coming months, including a full list of occupations covered by AMR. SafeWork SA will determine whether a worker is eligible for AMR through a mandated notification system. A licensee or registrant who submits is not provided with a substantive South Australian licence or registration; instead, they will receive recognition of their interstate licence or registration. SafeWork SA is currently finalising a notification system to enable it to accept licensees or registrants from other states and territories that join the AMR scheme. Not all states and territories have joined and/or intend to join this scheme. AMR does not cover licence or registration holders who are relocating to South Australia on a permanent basis. Any permanent resident licence or registration holder must apply for a new South Australian licence. High risk work licence holders may request a conversion of an interstate licence.

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