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 person who is licensed/registered 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 radiation use licensing under the:
- Mutual Recognition Act 1992 in accordance with the mutual recognition principle; or
- 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 licensed/registered 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 for a licence to use radiation sources in Victoria related to their occupations. 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 for a licence to use a radiation source in Victoria.
Please note that we strongly recommend that you contact us to discuss your application prior to lodgement if you are considering relying on:
- the management licence arrangement in Tasmania or
- a licensing exemption in Queensland or NSW for dentists who use only intra-oral X-ray units.
An application lodged under section 19 of the Mutual Recognition Act (section 18 TTRM Act) must contain the following:
- The completed use licence application form (including prerequisite documentation which includes a copy of your current interstate or New Zealand registration/licence). Please note that AHPRA or the Vet Board registration is not sufficient, you need to provide a copy of your radiation use licence or equivalent.
- Appropriate use licence application fee.
- A specific statutory declaration described below.
The statutory declaration must:
- clearly state under which arrangement you are applying, that is, either Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act
- clearly state your occupation and in which other jurisdiction(s) you are registered or licensed to work in that occupation
- 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
- 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
- state that your registration/licence 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
- 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
- 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
- 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
- attach your registration/licence 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 register with our licensing portal. If you wish to apply under the mutual recognition process you will need to confirm that you hold a licence in another state or territory in Australia or in New Zealand. You will then be asked to attach the statutory declaration and the copy of your interstate or New Zealand licence. You will also be asked to make payment of the application and licence fee. Once you have done this you may be able to use the radiation sources described in the licence which you are relying on for mutual recognition purposes. The department then has one month to decide the application. In most cases these applications will be approved but there may sometimes be issues where there is no equivalent licence in Victoria that easily compares to the interstate or New Zealand licence.
We recommend that you contact the department by email prior to lodging a mutual recognition application to confirm your eligibility.
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)]