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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Professional Standards Amendment
(Mutual Recognition) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Professional Standards Act 1994 No 81 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Professional Standards Amendment
(Mutual Recognition) Bill 2007
Act No , 2007
An Act to amend the Professional Standards Act 1994 with respect to the mutual
recognition of New South Wales and interstate schemes for the limitation of
occupational liability.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Professional Standards Amendment (Mutual Recognition) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Professional Standards Amendment (Mutual
Recognition) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Professional Standards Act 1994 No 81
The Professional Standards Act 1994 is amended as set out in
Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
another jurisdiction means any State or Territory, other than this
jurisdiction.
appropriate Council, in relation to another jurisdiction, means
the authority that, under the corresponding law of that
jurisdiction, has functions that are substantially the same as the
Council's functions under this Act.
corresponding law means a law of another jurisdiction that
corresponds to this Act, and includes a law of another jurisdiction
that is declared by the regulations to be a corresponding law of
that jurisdiction for the purposes of this Act.
interstate scheme means a scheme:
(a) that has been prepared under the corresponding law of
another jurisdiction, and
(b) that operates, or indicates an intention to operate, as a
scheme of this jurisdiction.
this jurisdiction means New South Wales.
[2] Section 4 (1), definition of "scheme"
Insert ", and includes an interstate scheme" after "association".
[3] Section 7 Preparation and approval of schemes
Insert after section 7 (3):
(4) A scheme prepared under this section may indicate an intention
to operate as a scheme of this jurisdiction only, or of both this
jurisdiction and another jurisdiction.
[4] Section 8 Public notification of schemes
Insert at the end of the section:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the Council must also
publish a similar notice in the other jurisdiction in accordance
with the requirements of the corresponding law of that
jurisdiction that relate to the approval of a scheme prepared in
that jurisdiction.
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Schedule 1 Amendments
[5] Section 10 Consideration of comments, submissions and other matters
Insert at the end of the section:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction:
(a) the Council must also consider any matter that the
appropriate Council for the other jurisdiction would have
to consider under the provisions of the corresponding law
of that jurisdiction that relate to the approval of a scheme
prepared in that jurisdiction, and
(b) the matters to be considered by the Council, whether under
subsection (1) or paragraph (a), are to be considered in the
context of each of the jurisdictions concerned.
[6] Section 12 Submission of approved schemes for Gazettal
Insert at the end of the section:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the Council may also
submit the scheme to the Minister administering the
corresponding law of the other jurisdiction.
[7] Section 13 Gazettal, tabling and disallowance of schemes
Insert "or, in the case of an interstate scheme, by the appropriate Council for
the jurisdiction in which the scheme was prepared" after "by the Council" in
section 13 (1).
[8] Section 13 (3)
Insert after section 13 (2):
(3) In this section, a reference to an interstate scheme includes a
reference to an instrument amending an interstate scheme.
Note. Subsection (3) applies subsections (1) and (2) to instruments that
amend an interstate scheme. Those subsections already apply, by virtue
of section 16A (5), to instruments that amend a scheme that is not an
interstate scheme.
[9] Section 14 Commencement of schemes
Omit section 14 (2). Insert instead:
(2) This section is subject to any order made by the Supreme Court
under section 15 and any order made by the Supreme Court of
another jurisdiction under the corresponding law of that
jurisdiction.
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Amendments Schedule 1
(3) In this section, a reference to a scheme includes, in the case of an
interstate scheme, a reference to an instrument amending that
scheme.
[10] Section 15 Challenges to schemes
Insert "(including a person who is or is reasonably likely to be affected by a
scheme that operates as a scheme of another jurisdiction)" after "section 13"
in section 15 (1).
[11] Section 15 (4)(6)
Insert after section 15 (3):
(4) The Court may not make an order that an interstate scheme is
void for want of compliance with this Act on the ground that the
scheme fails to comply with Division 2, but may do so on the
ground that the scheme fails to comply with the provisions of the
corresponding law of the jurisdiction in which it was prepared
that relate to the contents of schemes prepared in that jurisdiction.
(5) This section does not prevent a scheme from being challenged or
called into question otherwise than under this section.
(6) In this section, a reference to a scheme includes, in the case of an
interstate scheme, a reference to an instrument amending that
scheme.
[12] Section 16 Review of schemes
Omit section 16 (3). Insert instead:
(3) A review may, but need not, be conducted in order to decide:
(a) in the case of a scheme prepared under this Act, whether
the scheme should be amended or revoked or whether a
new scheme should be made, or
(b) in the case of an interstate scheme, whether the operation
of the scheme should be terminated in relation to this
jurisdiction.
[13] Section 16A Amendment and revocation of schemes approved by
Council
Omit "an amendment to or revocation of" wherever occurring in section 16A
(1)(4).
Insert instead "an instrument amending or revoking".
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Schedule 1 Amendments
[14] Section 16A (5)(7)
Omit section 16A (5). Insert instead:
(5) The provisions of sections 715 extend, with any necessary
modifications, to the amendment of a scheme by an instrument
under this section.
(6) The provisions of sections 714 (other than section 12 (2))
extend, with any necessary modifications, to the revocation of a
scheme by an instrument under this section.
(7) This section does not apply to an interstate scheme.
Note. An instrument that amends a scheme operating in another
jurisdiction may be submitted to the Minister administering the
corresponding law of that jurisdiction under section 12 with a view to its
being published under that law. An instrument made under the
corresponding law of another jurisdiction that amends an interstate
scheme may be submitted to the Minister administering this Act with a
view to its being published under section 13.
[15] Sections 16B and 16C
Insert after section 16A:
16B Notification of revocation of schemes
(1) On publication in the Gazette of an instrument revoking a scheme
(other than an interstate scheme) that operates as a scheme of
another jurisdiction, the Minister must cause notice of that fact to
be given to the Minister administering the corresponding law of
that jurisdiction.
(2) On receipt of notice that an interstate scheme has been revoked
under the corresponding law of the jurisdiction in which it was
prepared, the Minister must cause a statement to that effect to be
published in the Gazette.
Note. Under section 32 (1B), an interstate scheme will cease to have
effect in this jurisdiction when it ceases to have effect in the other
jurisdiction.
16C Termination of operation of interstate schemes in this jurisdiction
(1) The Council may, on the application of an occupational
association, prepare an instrument terminating, in relation to this
jurisdiction, the operation of an interstate scheme that relates to
members of the association.
(2) The Minister may direct the Council to prepare an instrument
terminating the operation of an interstate scheme in relation to
this jurisdiction.
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Amendments Schedule 1
(3) The Council must comply with any such direction, but may on its
own initiative, at any time while an interstate scheme remains in
force, prepare an instrument terminating the operation of the
scheme in relation to this jurisdiction.
(4) The provisions of sections 813 (other than section 12 (2))
extend, with any necessary modifications, to the termination of
the operation of an interstate scheme under an instrument under
this section.
(5) The operation of an interstate scheme in respect of which an
instrument under this section is published under section 13 (as
applied by subsection (4)) is terminated, in relation to this
jurisdiction, as from:
(a) such day subsequent to the date of its publication as may
be specified in the instrument, or
(b) if no such day is specified--2 months after the date of its
publication.
[16] Section 32 Duration of scheme
Omit section 32 (1). Insert instead:
(1) A scheme must specify the period (not exceeding 5 years) for
which it is to remain in force after its commencement.
(1A) Subject to subsection (2), a scheme (other than an interstate
scheme) remains in force until:
(a) the period specified under subsection (1) ends, or
(b) the scheme is revoked, or
(c) the scheme's operation ceases because of the operation of
another Act, or
(d) the scheme is declared void, either by an order made by the
Supreme Court under section 15 or by an order made by
the Supreme Court of another jurisdiction under the
corresponding law of that jurisdiction, or
(e) the scheme is disallowed under section 41 of the
Interpretation Act 1987.
(1B) Subject to subsection (2), an interstate scheme remains in force in
this jurisdiction until:
(a) the period specified under subsection (1) ends, or
(b) the scheme's operation in relation to this jurisdiction is
terminated under section 16C, or
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Schedule 1 Amendments
(c) the scheme ceases to have effect in the jurisdiction in
which it was prepared, or
(d) the scheme is disallowed under section 41 of the
Interpretation Act 1987.
[17] Section 43 Functions of Council
Omit "by it" from section 43 (1) (a) (i).
[18] Section 43 (4)
Insert "or law" after "Act".
[19] Section 43A
Insert after section 43:
43A Co-operation with authorities in other jurisdictions
For the purpose of dealing with a scheme that operates, or
indicates an intention to operate, as a scheme of both this
jurisdiction and another jurisdiction, the Council:
(a) may, in the exercise of its functions under this Act, act in
conjunction with the appropriate Council for the other
jurisdiction, and
(b) may act in conjunction with the appropriate Council for the
other jurisdiction in the exercise of that Council's
functions under the corresponding law of that jurisdiction.
[20] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Professional Standards Amendment (Mutual Recognition)
Act 2007
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Professional Standards Amendment (Mutual Recognition) Bill 2007
Amendments Schedule 1
[21] Schedule 4, Part 6
Insert after Part 5:
Part 6 Professional Standards Amendment
(Mutual Recognition) Act 2007
18 Expiry date of existing schemes
The period for which the Council has, before the commencement
of Schedule 1 [16] to the Professional Standards Amendment
(Mutual Recognition) Act 2007, determined that a scheme is to
remain in force for the purposes of section 32 (1), as then in force,
is taken to be specified in the scheme.
Page 9
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