S E C URIT Y FE ATU RE
MUTUAL RECOGNITION AMENDMENT BILL 2021 HAS PASSED
BUT THE PRESSURE IS STILL ON STATES/TERRITORIES TO EMBRACE NATIONAL REGULATORY STANDARDS The Automatic Mutual Recognition Bill (2021) finally passed Federal Parliament on June 23rd, 2021. Automatic Mutual Recognition (AMR) is a step in the right direction, however without the participation of the States and Territories, it is unworkable. The changes are designed to, “introduce a uniform scheme of automatic mutual recognition (AMR) by enabling an individual who is registered for an occupation in their home state to carry on those activities in other states and territories.” This could have been a chance for a reduction in red tape and improved ease of movement of workers across Australian State/Territory borders. However, the Amendment also leaves the gate wide open for States and Territories to essentially ignore AMR, stating that it will: “enable a state minister to exempt a registration in their state from being subject to AMR for a renewable period of up to five years; and enable a state minister to exempt a registration in their state for a temporary period of six months after commencement of the Act, with an option to extend for a further period to 30 June 2022 if needed”. In plain English, the Amendment says, “AMR is a great idea, but feel free to ignore it if you like”. Long before passage of the Bill, some states and territories declared their intention to immediately seek an exemption from AMR on the grounds that standards in other states were inferior to their own and that they would not endanger their own citizens. In a nutshell, all States and Territories are saying they agree with the concept of AMR, except in their own case, where they do not want interstate operators crossing their borders. This Catch-22 attitude effectively renders AMR meaningless. The story of AMR is a classic example of the dilemma faced by the Security Industry. While States and Territories persist in pursuing their own narrow self-interest, we will never have an even playing field across the whole country and we will not achieve nationally consistent security licensing standards.
The AMR Amendment Bill has not changed the status quo. Individuals must still hold multiple jurisdictional security licences to perform their day-to-day duties across borders, which restricts labour mobility and creates unnecessary red tape and cost, particularly for providers in border areas and individuals operating nationally. ASIAL has been pressing for nationally consistent regulatory standards for the Security Industry for more than 25 years, but State/Territory Governments are yet to embrace this approach - despite a resolution passed by the then Council of Australian Governments (COAG) in 2008 to agree to a national regulatory framework. ASIAL has written repeatedly to government leaders calling for: 1. Nationally consistent security licensing eligibility requirements; 2. More effective regulatory enforcement and compliance; 3. More effective regulatory enforcement in the delivery of training; 4. Action to prevent the abuse of individuals seeking employment through sham contracting arrangements; 5. Greater transparency and efficacy in security procurement practices; 6. A co-regulatory approach to ensure improved outcomes for all stakeholders. ASIAL has urged all governments to work together and equip Australia with the highest regulatory standards for the Security Industry. It is in everybody’s interests that we finally tackle this issue and get it right. And so, the campaign continues. Until and unless all the Governments of Australia start working as a team, the Security Industry will maintain the pressure and lobby for uniformly fair regulatory framework for the whole industry.
SEC URI T Y I N SI DER | JULY–S EPTEMBER 2 02 1 17
