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Tradespersons'
Rights (Cost Recovery) Amendment Regulation 2013 (No. 1)
FRLI: F2013L00704
Portfolio: Industry, Innovation,
Science, Research and Tertiary Education
Summary of committee view
2.1
The committee seeks
further information as to whether the substantial fee increases (of up to 270%)
for applications for trade certificates are consistent with the right to work.
Overview
2.2
This instrument
updates the prescribed fees for making an application for a trade certificate,
the reissuing or replacement of a certificate and trade test applications and
to remove circumstances where no fee will be payable.
2.3
The fees in
question are increased as follows:
- for a trade
certificate application, an increase of 210% ($300 to $930);
-
for the carrying
out of a test for a trade certificate, an increase of 270% ($270 to $1,000);
- for a
replacement trade certificate, an increase of 31% ($130 to $170);
- if an
application is refused, for a new application, an increase of 210% ($300 to
$930).
2.4
It also removes
an exemption for fee payment by persons with permanent visas who have been
assessed as having equivalent international skills or experiences.
Compatibility with human
rights
2.5
The instrument
is accompanied by a self-contained statement of compatibility that states that
it is compatible with human rights as it does not raise any human rights
issues. It specifically notes that the instrument does not engage the right to
work or rights in work or the right to education under the International
Covenant on Economic, Social and Cultural Rights (ICESCR), stating that the
fees are collected for assessing an individual's existing trade skills to
ensure they possess the necessary skills to work or be licensed and so:
the fees do
not relate to the provision of employment, nor for the provision of education
which leads to the award of an educational certificate. Thus, this Regulation
does not impact on the cost or accessibility of education, nor does it impact
on the quality of, or accessibility to, an individual’s employment.
2.6
The committee
considers that the substantial increase in fees for a trade certificate that is
necessary for someone to work as a tradesperson in particular fields, does
engage the right to work. If the fee for a trade certificate (or the necessary
tests to be undertaken to get that certificate) are cost prohibitive, it may
affect a person's ability to carry out work in a particular trade. The right to
work is not absolute and may be limited, provided that the limitation is (i)
aimed at achieving a purpose which is legitimate; (ii) based on reasonable and
objective criteria, and (iii) proportionate to the aim to be achieved.
2.7
The
committee intends to write to the Minister for Tertiary Education, Skills,
Science and Research to seek further clarification as to whether the
substantial fee increases (of up to 270%) are consistent with the right to
work.
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