Commonwealth Numbered Regulations - Explanatory Statements
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TRADESPERSONS' RIGHTS REGULATION 2013 (SLI NO 187 OF 2013)
EXPLANATORY STATEMENT
Select Legislative Instrument 2013 No. 187
Tradespersons' Rights Regulation Act 1946
Tradespersons' Rights Regulation 2013
Authority
Subsection 51A(1) of the Tradespersons' Rights Regulation Act 1946 (the Act) provides that the Governor-General may make regulations providing that a Part of the Act shall apply, or cease to apply, to a specified trade thereby allowing or disallowing trade recognition services to be provided for a particular trade classification specified in any of the Schedules to the Act.
The Tradespersons' Rights Regulation 2013 (the 2013 Regulation) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Legislative background
The Act provides a scheme to enable tradespersons to gain formal recognition of trade experience obtained through apprenticeships, training (such as those gained from on-the-job training) and training undertaken by service in the Australian Defence Forces. The object of the Act, when first enacted in 1946, was to assist soldiers returning from World War II to resume their pre-service trade callings, and to allow those who had furthered their skills in wartime service to have those skills formally recognised. In 1952, the functions of the Act were expanded to provide for the recognition of the trades and skills of migrants after their arrival in Australia.
As many of the trades specified under the Act have not kept pace with the changed skills and trades of modern Australian industry, many of these trades and trade classifications specified under the Act are now obsolete or redundant.
The Commonwealth, through Trades Recognition Australia (TRA), issues Australian Recognised Trade Certificates (ARTC) for trade recognition assessment services performed in relation to the trades listed in the Schedules to the Act. Notwithstanding many of the trades currently specified under the Act are rarely used in assessments of applicant skills for issue of an ARTC, TRA must continue to maintain administrative services for those redundant or obsolete trades. In addition, ARTC applicants can often be confused by the out-dated or redundant names of some of the specified trades.
To ensure that the ARTC issued for a successful trade assessment performed under the Act is transferable across Australian industry, the 2013 Regulation limits the number of trades specified in the Schedules to the Act to only those trades that are current and in-demand from individuals applying for the grant of an ARTC. This change will allow TRA to optimise its services by concentrating on high demand areas, while allowing Registered Training Organisations (RTOs) to perform the more specialised trade recognition services on behalf of TRA.
Purpose and operation
The aim of the 2013 Regulation is to specify the current trades to which a Part of the Act shall apply and shall cease to apply.
In 1992, the Tradespersons' Rights Regulations (the 1992 Regulations) were made to modify the list of trades specified in the Schedules to the Act. Due to the redundancy of its provisions and its obsolete drafting style, in the interests of efficiency, it was decided that the 1992 Regulations would be repealed and a fresh regulation made. Accordingly the 2013 Regulation will also repeal the 1992 Regulations.
Commencement
The 2013 Regulation commences on the day after registration.
Consultation
From November 2012 to March 2013, an industry consultative forum appointed by the Minister for Tertiary Education, Climate Change, Skills, Science and Research undertook consultation with industry stakeholders. Members of the consultative forum included representatives from relevant industries, industry skills councils and regulatory authorities impacted by changes to skills assessment/recognition services.
Members of the industry consultative forum had previously provided input to other skills assessment services conducted by TRA and were in a position to understand and communicate to the broader stakeholder community the need for change to the ARTC program.
The decisions made by the consultative forum were based on broad consultation with industry stakeholders, an understanding of imminent innovation within industry such as the introduction of the National Occupational Licencing System, and the need to align ARTC trades with Australian qualifications.
Significantly, ARTC trades do not currently align with Australian qualifications. Alignment to Australian qualifications to enable applicants to identify gap training requirements was also a key consideration of the consultative forum.
Members of the consultative forum informed their decisions to update ARTC trades by considering usage and currency of ARTC trades; obsolete trades or rarely used trades were removed from the ARTC trades.
This change will enable the Department, through TRA, to optimise its services, concentrating on high demand areas, while RTOs will perform specialised trades recognition services on behalf of TRA.
Detailed explanation of the Regulation's provisions
Part 1 - Preliminary
Section 1 - Name of Regulation
This section provides that the title of the instrument is the Tradespersons' Rights Regulation 2013.
This section provides for the 2013 Regulation to commence on the day after it is registered.
Section 3 - Authority
This section provides that the legislative authority for the making of the 2013 Regulation is the Tradespersons' Rights Regulation Act 1946.
Section 4 - Schedule(s)
This section provides that each instrument specified in a Schedule to the 2013 Regulation is amended or repealed as provided for in the applicable Schedule and that any other item in a Schedule will have effect according to its terms.
Section 5 - Definitions
This section defines the terms used in the 2013 Regulation.
Subsection 5(1) provides that the term Act means the Tradespersons' Rights Regulation Act 1946.
Subsection 5(2) clarifies that a reference to a tradesperson of a particular classification specified in a table in the 2013 Regulation, is taken to be a reference to a tradesperson of that classification in the trade to which the table relates.
Part 2--Trades to which the Act applies
Part 2 provides that, for the purposes of paragraph 51A(1)(a) of the Act, the Parts of the Act, specified respectively by sections 6 to 8 inclusive, apply to the trades itemised in the tables under the respective sections.
Section 6 - Application of Part II of the Act to engineering trades
This section provides that Part II of the Act applies to the engineering trades specified in the table under section 6.
Section 7 - Application of Part III of the Act to boilermaking trades
This section provides that Part II of the Act applies to the boilermaking trades specified in the table under section 7.
Section 8 - Application of Part V of the Act to electrical trades
This section provides that Part V of the Act applies to the electrical trades specified in the table under section 8.
Part 3--Trades to which the Act ceases to apply
Part 3 provides that, for the purposes of paragraph 51A(1)(b) of the Act, the Parts of the Act, specified respectively by sections 9 to 14 inclusive, cease to apply to the trades specified in the tables under the respective sections.
Section 9 - Part II of the Act ceases to apply to engineering trades
This section provides that Part II of the Act ceases to apply to the engineering trades specified in the table under section 9.
Section 10 - Part III of the Act ceases to apply to boilermaking trades
This section provides that Part III of the Act ceases to apply to boilermaking trades specified in the table under section 10.
Section 11 - Part IV of the Act ceases to apply to blacksmithing trades
This section provides that Part IV of the Act ceases to apply to blacksmithing trades specified in the table under section 11.
Section 12 - Part V of the Act ceases to apply to electrical trades
This section provides that Part V of the Act ceases to apply to electrical trades specified in the table under section 10.
Section 13 - Part VI of the Act ceases to apply to sheet metal trades
This section provides that Part VI of the Act ceases to apply to sheet metal trades specified in the table under section 10.
Section 14 - Part VIA of the Act ceases to apply to boot trades
This section provides that Part VIA of the Act ceases to apply to boot trades specified in the table under section 10.
Schedule 1--Repeals
Item 1 - The whole of the Regulations
This item provides that the Tradespersons' Rights Regulations made on 19 August 1992 are repealed in their entirety.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Tradespersons' Rights Regulation 2013
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Tradespersons' Rights Regulation Act 1946 (the Act) enables the Commonwealth, through Trades Recognition Australia (TRA), to issue Australian Recognised Trade Certificates (ARTC) for trade recognition assessment services performed by TRA in relation to the trades specified in the Schedules to the Act. Notwithstanding many of the trades currently specified under the Act are rarely used in assessments of applicant skills for issue of an ARTC, TRA must continue to maintain administrative services for those redundant or obsolete trades. In addition, ARTC applicants can often be confused by the out-dated or redundant names of some of the specified trades.
The purpose of the instrument is to amend the trades currently specified under the Act so that seldom-used, unused and obsolete trades are removed. The instrument also amends the types of trades that can be assessed under the Act so that redundant trades are replaced with trades that are current.
Human rights implications
This instrument engages the following human rights provided for in the International Covenant on Economic, Social and Cultural Rights:
* the right to work in Article 6(1); and
* the right to education in Article 13.
The Right to Work
Article 6(1) of the ICESCR recognises the right to work which encompasses the right of everyone to the opportunity to gain his or her living by work which she or he freely chooses or accepts.
The instrument enhances the ability of applicants to obtain work because, consistent with the broader aims of the Act to recognise the trade skills of persons who have obtained their formal trade training and trade experience outside of Australia, the instrument provides opportunity for everyone seeking an assessment under the Act, to obtain employment appropriate to their skill level.
The Right to Education
Article 13 of the ICESCR recognises the right of everyone to education and provides that education shall be directed to the full development of the human personality and its sense of dignity. Article 13 also provides that education shall enable all persons to participate fully in a free society.
The instrument promotes the right to education by assisting a person to access appropriate and targeted education where the trade assessment performed under the Act may have identified gaps in the person's skills. Where an applicant who has applied under the Act has insufficient formal training or experience to qualify for an ARTC, TRA will provide information and advice to the applicant on his or her skills deficits based on established trade standards and direct them to appropriate trade training to overcome their particular skills deficits.
To the extent that the rights to work and education are engaged, these rights are promoted by the instrument.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.
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