GUIDELINES & INFORMATION
ON THE OPERATION OF MUTUAL RECOGNITION IN TASMANIA
Overview
Mutual
recognition of standards and occupations recognises a need for
fundamental regulatory reform to enhance the flexibility and
competitiveness of the Australian economy. Heads of Government
signed an Inter Governmental Agreement on 11 May 1992 binding
States and Territories and the Commonwealth to introducing
legislation establishing a national market in goods and
services. The Commonwealth and Tasmania have enacted
complementary legislation establishing the Mutual Recognition
system.
Under
the provisions of the
Mutual
Recognition Act, 1992 a person who has a current authority
to practise in one State/Territory in an occupation recognised
as equivalent to an occupation in another State/Territory, is
eligible to be registered and to carry on that equivalent
occupation in that second State or Territory. Similarly, under
the Trans Tasman Mutual Recognition Act 1997 (TTMR) a pharmacist
in New Zealand is eligible to be registered in Australian states
and territories. These rights may be exercised provided that
certain conditions, including lodgement of certain information
verified by a Statutory Declaration, are met.
Mutual
Recognition provides an additional and alternative avenue for
obtaining registration. Applicants have the choice of applying
for registration as a pharmacist under the Mutual Recognition
Act or the current Pharmacist Registration Act 2001.
Application forms for registration in Tasmania are available for
download here or by contacting the Pharmacy Board
of Tasmania. Please email at
registrar@pbtas.com.au
for more details.
Mutual
Recognition provides benefits to applicants, for example, from
the date of lodgement of a fully completed application, deemed
registration is granted. Deemed registration entitles a person
to practise in accordance with the laws of the state as if
substantive (full) registration were granted.
Conditions may be applied to a person's deemed/substantive
registration. The Board may also impose conditions or
restrictions on the professional practice of an interstate
registrant if it is of the view that this is necessary to
achieve equivalence of occupation. Pharmacists registering under
the TTMR must complete one months supervised practise in
Tasmania prior to registration to ensure they have adequate
knowledge of local legislative requirements.
Applicants will receive a certificate of 'deemed registration'
indicating the duration of approval and any conditions that
apply to their practice.
Deemed
registration continues until substantive registration is
granted, or until it is cancelled or refused by the Board.
Deemed registrants must be notified of such decisions within one
calendar month from the deemed registration date. The Board's
decision is subject to appeal.
Deemed
registration automatically leads to substantive registration
within one month of the grant of deemed registration if a
written notice postponing the decision or advising of refusal
has not been issued within that time by the Board.
Substantive registration may be postponed or refused in cases
where, for example, statements made in the application/notice
are found to be materially false or misleading.
Substantive registrants will be issued with a certificate and in
due course, with an annual renewal notice.
Registrants
whether deemed or substantive are subject to disciplinary
procedure arrangements under the Pharmacists Registration Act
2001.