Mutual recognition arrangements – Auditor qualification

The principal aim of mutual recognition legislation is to remove unnecessary barriers to the interstate trade of goods and the mobility of labour caused by regulatory differences among Australian states and territories.

The mutual recognition principle allows a person who is registered/qualified to conduct an occupation in one Australian state or territory or New Zealand, to carry out the same occupation in another state or territory. In other words, if someone is assessed to be good enough to practise a profession or occupation in one Australian jurisdiction or New Zealand, they should be able to do so anywhere in Australia.

The department has prepared guidelines on the application of mutual recognition legislation to auditing cooling tower system risk management plans under the:

1. Mutual Recognition Act 1992 in accordance with the mutual recognition principle; or
2. Trans-Tasman Mutual Recognition Act 1997 (TTMR Act) in accordance with the Trans-Tasman mutual recognition principle.

How to apply - notification under the mutual recognition legislation

A person who is qualified/certified in an equivalent occupation in another state or territory or New Zealand may be entitled to apply to the department under the Commonwealth Mutual Recognition Act 1992 to audit cooling tower system risk management plans in Victoria. Section 19 of the Mutual Recognition Act (section 18 TTMR Act) sets out the procedure to be followed if you are registered for an occupation in another jurisdiction and wish to apply to the department to be certified to audit cooling tower system risk management plans in Victoria.

We strongly recommend that you contact the department by email prior to lodging a mutual recognition application to discuss your application and confirm your eligibility.

An application lodged under section 19 of the Mutual Recognition Act (section 18 TTRM Act) must contain the following:

• The completed application form for auditing cooling tower system risk management plan including copy of your current interstate or New Zealand qualification.
• A specific statutory declaration described below.

The statutory declaration must:

1. clearly state under which arrangement you are applying, that is, either Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act
2. clearly state your occupation and in which other jurisdiction(s) you are approved/certified to work in that occupation.
3. specify any special condition(s) that you are subject to in carrying out the above activities or occupations in any other Australian state and territory, or region in New Zealand
4. state that you are not the subject of disciplinary proceedings (including any preliminary investigations or action that might lead to disciplinary proceedings) in any Australian state and territory, or region in New Zealand in relation to the occupations or activities specified above
5. state that your qualification/certification to practice the occupations or activities above has not been cancelled nor is it currently suspended due to disciplinary proceedings in any Australian state or territory, or region in New Zealand
6. state that you are not personally prohibited from carrying on the occupation or activity specified in (b) in any Australian state or territory or region in New Zealand
7. state that you are not subject to any special conditions (other than those specified in (c)) in carrying on that occupation or activity, as a result of criminal or civil disciplinary proceedings in any Australia state or territory or region in New Zealand
8. give your consent to the Department of Health and Human Services to make inquiries and exchange information with local registration authorities in other Australian states and territories or regions in New Zealand regarding your activities in the above stated occupation(s) or activities or otherwise, regarding matters relevant to this declaration
9. attach your qualification/certification document(s) and certify that each of the documents attached is an original or is a complete and accurate copy of the original.

To lodge your application, you will need to email to the department the completed statutory declaration and the certified copy of your auditor qualification/certification document(s).

Processing times

When the department receives an application under section 19 of the Mutual Recognition Act (section 18 TTMR Act), it must act on the application within one month [section 21 (section 20 TTMR Act)] and may either:

• Grant the application [section 21 (section 20 TTMR Act)]
• Postpone the application [section 22 (section 21 TTMR Act)]
• Refuse the application [section 23 (section 22 TTMR Act)]