V. Operation of the Scheme Occupations
5.1.1 Under this Arrangement, a person who is Registered to practise an occupation under a law of an Australian Party will be entitled to practise an Equivalent occupation under the law of New Zealand and a person Registered to practise an occupation under a law of New Zealand will be entitled to practise an Equivalent occupation under the law of any Australian Party. As a condition of Registration the person seeking Registration will be required to lodge with the relevant Local Registration Authority a written notice containing certain basic information relating to his or her current Registration.
5.1.2 The Arrangement is not intended to affect the operation of laws that regulate the manner of carrying on an occupation, provided those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation; and
(b) are not based on the attainment or possession of some qualification or experience relating to fitness to practise the occupation.
Entitlement to Registration and Continued Registration
5.2.1 Subject to any exemptions under paragraph 5.11, a person who meets the criteria in paragraph
5.1.1 and who lodges a written notice with a Local Registration Authority of a Party will be entitled to be Registered in an Equivalent occupation, as if the relevant law of that Party expressly provided that the person's existing Registration is a sufficient entitlement to Registration.
5.2.2 The Local Registration Authority may Grant Registration on the basis of conformity with the requirements of the scheme and may Grant renewals of such Registration. Subject to the laws of the Registering jurisdiction, once substantively Registered, the entitlement to Registration continues, subject to paragraph 5.2.3, whether or not the person's Registration in his or her home jurisdiction ceases.
5.2.3 The Local Registration Authority may suspend or terminate Registration if it becomes aware that a person has had his or her Registration suspended or terminated in any jurisdiction or is otherwise personally prohibited from practising as a result of Criminal, Civil or disciplinary proceedings in any jurisdiction.
5.2.4 The Local Registration Authority may impose Conditions on Registration but only for the purpose of retaining conditions already applying to a person's previous Registration or which are necessary to achieve Equivalence between Occupations.
Action Following Notice
5.3 It is intended by the Parties that Registration will be Granted to a person applying for such Registration within one month of lodgement by that person of the written notice with the Local Registration Authority. If granted, Registration will take effect from the date the notice was lodged. However, the Local Registration Authority may postpone or refuse the Grant of Registration within one month of the date the notice was lodged.
Postponement of Registration
5.4.1 A Local Registration Authority may postpone, for a maximum of six months, the Grant of Registration if:
(a) the statements, documents or information in the written notice are materially false or misleading;
(b) the circumstances of the person lodging the notice have materially changed since the lodgement date; or
(c) the Authority decides that the Occupation for which Registration is sought is not an Equivalent Occupation. In these cases, the Authority may impose conditions or limits on Registration in order to achieve Equivalence between the Occupations.
5.4.2 At or before the expiry of the period for postponement of Registration, the Local Registration Authority may Grant or refuse the Registration.
Refusal of Registration
5.5.1 A Local Registration Authority may refuse the Grant of Registration if:
(a) the statements, documents or information in the written notice are materially false or misleading; or
(b) the Authority decides that the Occupation for which Registration is sought is not an Equivalent Occupation and Equivalence cannot be achieved by imposing conditions or limits on Registration.
5.5.2 A decision to refuse to Grant Registration on the grounds that the Occupation is not an Equivalent Occupation will take effect after a period of not less than two weeks after the person is notified Of the decision, unless the decision has been revoked or there is an application for review.
Deemed Registration
5.6.1 A person who lodges a notice with a Local Registration Authority will be, pending the Grant or refusal of Registration, taken to have Deemed Registration.
5.6.2 Deemed Registration will continue until it is cancelled, suspended or otherwise ceases in accordance with the Arrangement. For example, Deemed Registration ceases if a person is Substantively Registered, refused Registration, ceases to be Substantively Registered in all other jurisdictions, or if it is cancelled at the person's request.
5.6.3 Deemed Registration is not affected by postponement of the Grant of Substantive Registration.
5.6.4 Persons with Deemed Registration may carry on their Occupation as if they had been Granted Substantive Registration subject to any conditions attaching to their existing Substantive Registration or to the Deemed Registration and subject to any requirements of Substantive Registration (for example, requirements regarding insurance, fidelity funds and trust accounts).
5.6.5 A Local Registration Authority may impose conditions (for example, to achieve Occupational Equivalence) as if Deemed Registration were Substantive Registration provided such conditions are not more onerous than would be imposed in similar circumstances (having regard to relevant qualifications or experience) if it were Registration effected apart from this Part.
Occupational Appeals
5.7.1 Application may be made to an Appeals Tribunal for review of a decision of a Local Registration Authority in relation to its functions under this Arrangement subject to:
(a) the Administrative Appeals Tribunal Act 1975, in respect of Australian Local Registration Authorities; and
(b) the Trans-Tasman Occupations Tribunal provided for in the New Zealand Draft Bill, in respect of New Zealand Local Registration Authorities.
5.7.2 In paragraph 5.7.1, "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.
5.7.3 When notifying a person of its decision in relation to an application for Registration under this Arrangement, a Local Registration Authority should advise that application for review may be made to the relevant Appeals Tribunal by a person whose interests are affected by the decision.
5.7.4 For the purpose of promoting consistency between decisions of the Australian Administrative Appeals Tribunal and the New Zealand Trans-Tasman Occupations Tribunal, each Tribunal will have regard to decisions made by the other and to the desirability of cross-membership of tribunals in cases where this is considered desirable. To formalise cooperative arrangements between the Parties, the Tribunals will enter into a Memorandum of Understanding to maximise cooperation and the exchange of information between them, at the earliest possible opportunity.
Review of Registration Authority Decisions
5.8.1 In reviewing the decision of a Local Registration Authority, a Tribunal may make an order that the appellant is entitled to Registration and may specify or describe conditions to achieve Equivalence. If Equivalence cannot be achieved by imposing conditions, the Tribunal may make an order that arrangements be put in place to enable Registration.
5.8.2 Alternatively, a Tribunal may make a declaration that the two Occupations are not Equivalent and the person is not entitled to Registration, but only if it is satisfied that:
(a) the activities involved in the Occupations are not substantially the same (even with the imposition of conditions); or
(b) Registration of the person could result in a real threat to public health and safety or could threaten significant environmental pollution.
5.8.3 A declaration pursuant to paragraph 5.8.2(b) will have effect for a period of 12 months. During this period, the Party in whose jurisdiction the declaration applies will refer the declaration to the Ministerial Council having responsibility for the Occupation, activity or class of activity. The Ministerial Council will endeavour to determine whether agreed standards, including agreed competency standards, should apply to the Occupation and, if so, what those standards should be.
Referrals
5.9 A Participating Party may, at any time and substantially for the purpose of protecting the health and safety of persons or preventing, minimising or regulating environmental pollution, refer the matter of the appropriate competency standards required to entitle a person to carry on an Occupation or a particular activity as part of the practice of an Occupation to the relevant Ministerial Council for determination of whether agreed standards should apply to the Occupation, and, if so, those standards. The Council will endeavour to make a determination within 12 months of receiving such a referral.
Ministerial Declarations
5.10 A Minister from New Zealand and a Minister from at least one of the Australian Participating Parties may jointly declare that specified Occupations are Equivalent, and may specify or describe conditions that will achieve Equivalence. A Ministerial Declaration may be amended or rescinded in the same way and has effect only in relation to the Parties concerned. A Declaration can relate to the future and/or the past. It is intended that the appropriate Local Registration Authorities are to give effect to the Declaration. A Ministerial Declaration will prevail over any Appeals Tribunal decisions which are inconsistent with the Ministerial Declaration.
Exempt Occupations
5.11 Occupations may be Exempted under the Arrangement with the unanimous agreement of the Participating Parties. A list of Exempt Occupations is at Schedule 4.
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