There are four different ways of working across borders:
Automatic Mutual Recognition
The Automatic Mutual Recognition (AMR) scheme makes it is easier and more affordable for many licensed or registered people to work in other states and territories with a single licence.
The AMR scheme has been expanded in NSW to include more occupations. Some interstate licensees can now work in NSW under the AMR scheme automatically. Others are required to notify the regulator of their intention to work in NSW before they start work.
Queensland is not currently participating in the scheme. This means that workers from Queensland cannot work in NSW under AMR and vice versa.
Under the AMR scheme, there is no need to obtain a local licence in a second state or territory or pay any fees, as long as there is a home state licence in force.
Under AMR:
- licensees working interstate are subject to all relevant laws in the second state or territory
- their home state licence is considered a local licence in the second state or territory
- the second state or territory cannot impose specific conditions on an interstate licensee if they are not conditions that would be imposed on a local licensee
- any conditions on a licensee’s home state licence still apply while working in the second state or territory
- licensees may appear on the second state’s public register - this depends on the state or territory.
The scheme does not apply to New Zealand occupational registrations and licences. However, the existing processes under the Trans-Tasman Mutual Recognition Arrangements continue to apply.
What licences does this affect?
Working in New South Wales
You can check if your occupation is included in the AMR scheme, whether you are required to notify us and how you can do this.
Working in other states and territories
If you are licensed or registered in NSW and want to work in another state or territory you will need to check if AMR is available for your occupation in that state or territory. You will also need to check that you are eligible for AMR.
The AMR scheme has commenced in:
Eligibility
To be eligible to work in NSW under the AMR scheme, you must hold a current licence or registration in your home state or territory for the activity covered by an occupation that you intend to do in the second state or territory.
The AMR scheme only applies to individual occupational licences, not licences held by companies.
Depending on your occupation, you may need to meet additional requirements before working in NSW. You may need to:
- notify the regulator in NSW of your intent to work in NSW
- meet public protection requirements (PPR)
- satisfy and maintain a vulnerable person character test.
A PPR is a requirement relating to insurance, fidelity funds, trust accounts, minimum financial requirements or similar. PPRs are designed to protect the public, clients, customers, and licensees.
Further information
For more information on AMR visit the NSW Government website.
East Coast Electricians scheme
NSW Fair Trading has offered automatic recognition for electrical wiring work (contractor licence and qualified supervisor certificate) since 2015 under its East Coast Electricians scheme. Under this scheme, electricians from Queensland, Victoria and the ACT can be automatically recognised in NSW without having to notify the regulator. Go to our East Coast Electricians page for more information.
Mutual Recognition
Mutual Recognition (MR) arrangements enable a licensed worker to work in another state or territory by having their occupations recognised in NSW and vice versa.
Under the MR system you can practise an equivalent occupation in NSW if the activities you're authorised to carry out under your original licence are substantially the same as those under the occupational licence in NSW.
Application forms for MR are available online:
- Design and Building Practitioners Mutual Recognition application form (only available to professional engineers registered in QLD and VIC)
- Business and Transport Mutual Recognition application form (includes Motor Vehicle Tradesperson and Tow Trucks)
- Property Mutual Recognition application form (includes Real Estate and Conveyancer)
- Home Building Mutual Recognition application form.
Real estate and property
If you intend to carry out the business under a Pty Ltd company in NSW, you must apply for a corporation licence. You can do this online by visiting the Service NSW website.
Agent’s representatives in Victoria are unable to apply as there is no equivalent recognition in NSW.
Home building
Deemed registration
A person who lodges a fully completed notice for registration (being an application form and all required accompanying documentation) under the MR legislation with the required fee, is taken to be registered, pending the grant or refusal of substantive registration. This is called deemed registration. Under deemed registration an individual can carry out their occupation in NSW until they are either granted or refused substantive registration by NSW Fair Trading. Having deemed registration in one state does not provide basis for registration in another state.
A person’s deemed registration continues until it is cancelled or suspended or otherwise ceases when the department grants or refuses to grant substantive registration, subject to any final or interim determination of any appeal. The operation of deemed registration which enabled the individual to carry out their occupation is not affected by any decision to postpone the granting of substantive registration.
It is essential that individuals deemed to be registered are familiar with the provisions of the licensing legislation (for example, contracts, advertising, maximum deposits, insurance etc.) and local NSW regulations and codes as well as the requirements of Local Government Authorities, Water Boards, etc.
Substantive registration
Substantive registration must be granted, except in the situation of postponement or refusal, within one month after the notice is lodged with Service NSW.
When granted, substantive registration takes effect from the date the notice was lodged.
However, NSW Fair Trading may, within one month after the notice was lodged, postpone or refuse the granting of substantive registration. Grounds for refusal or postponement include:
- any of the statements in the notification lodged with the Department being materially false or misleading
- any documentation or information demonstrating the existing registration is not provided or is materially false or misleading
- failure to obtain insurance under the Home Building Compensation Fund or seek exemption from Home Building Compensation Fund insurance requirements (Building work categories only)
- the occupation in which registration is sought is not an equivalent occupation.
NSW Fair Trading may also seek particulars from the applicant regarding any matters that make up the notice for registration. Where such information is required, NSW Fair Trading considers that the applicant is being provided an opportunity to amend the notice after lodgement.
If NSW Fair Trading does not grant, postpones or refuses the substantive registration within the period of one month after the notice is lodged, the person is entitled to substantive registration immediately at the end of that period and no objection may be taken to the notice on any of the groups on which refusal or postponement may be affected except where fraud is involved.
NSW Fair Trading will give written notice of its decision to grant, postpone or refuse substantive registration. In the case of postponement or refusal, the department will advise of its finding on any material questions of fact, refer to the material on which the findings were based and state the reasons for its decisions.
Lodgement
Lodge your completed notification form and the required fee at a Service NSW or Government Access Centre. Please ensure you take the following:
- Original or certified copies of registration in any other Australian state or territory or New Zealand
- Proof of identity
- Certificate of eligibility for insurance under the Home Building Compensation (if applicable).
If you are having difficulty submitting this application contact NSW Fair Trading on 13 32 20.
Trans-Tasman Mutual Recognition
The Trans-Tasman Mutual Recognition Arrangement, a non-treaty arrangement between Australian governments and the Government of New Zealand, operates under similar principles to MR where New Zealand licence holders are able to apply for recognition of their existing licence in Australia. The arrangement also enables Australian licence holders to have their licence recognised for regulated work in New Zealand.
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