PROFESSIONAL STANDARDS ACT 1994 - SCHEDULE 1

PROFESSIONAL STANDARDS ACT 1994 - SCHEDULE 1

SCHEDULE 1 – Complaints and disciplinary matters

(Section 38)

Model code

1 Citation

This Code may be cited as the Occupational Associations (Complaints and Discipline) Code .

2 Definitions

In this Code:


"Council" means the Professional Standards Council constituted by the Professional Standards Act 1994 .

3 What actions may be the subject of a complaint?

A complaint may be made that a member of the occupational association has acted (or has failed to act) in such a way as to justify the taking of disciplinary action against the member under this Code. A complaint may be made and dealt with even though the person about whom it is made has ceased to be a member.

4 Who may make a complaint?

Any person may make a complaint (including the occupational association and the Council).

5 How is a complaint made?

A complaint may be made to the occupational association. The complaint must be in writing and contain the particulars of the allegations on which it is founded. the occupational association must notify the Council of each complaint made to it (other than a complaint made by the Council).

6 What happens after a complaint is made?

The occupational association must consider a complaint as soon as practicable after the complaint is made to it or notified to it by the Council. The association may then do any one or more of the following:

(a) it may require the complainant to provide further particulars of the complaint,

(b) it may carry out an investigation into the complaint,

(c) it may attempt to resolve the complaint by conciliation,

(d) it may decline to entertain the complaint (because, for example, the complaint is frivolous, vexatious, misconceived or lacking in substance),

(e) it may conduct a hearing into the complaint.

7 What action may be taken after a hearing into a complaint?

After an occupational association has conducted a hearing into a complaint against a person, it may, if it finds the complaint substantiated, do any one or more of the following:

(a) caution or reprimand the person,

(b) impose conditions as to the carrying out of the person's occupation,

(c) require the person to complete specified courses of training or instruction,

(d) require the person to report as to the carrying out of the person's occupation at the times, in the manner and to the persons specified by the association,

(e) order the person to obtain advice as to the carrying out of the person's occupation, from such persons as are specified by the association,

(f) expel the person from membership of the association.

8 Notices of decisions

Within 30 days after a decision is made by an occupational association concerning a complaint, the complainant and the person against whom the complaint is made must be given a written statement of the decision. The statement must include the reasons for the decision.

9 What rights of representation do parties to a complaint have?

The complainant and the person about whom the complaint is made are not entitled to legal representation during attempts to resolve the complaint by conciliation but are entitled to legal representation during a hearing into the complaint.

10 How may the functions of the occupational association under this Code be exercised?

A function of an occupational association under this Code may, in accordance with a resolution of the association, be exercised by the executive body of the association or by a person or persons appointed for the purpose.

11 Protection from liability

No matter or thing done or omitted by the occupational association or a person acting in accordance with a resolution of the association subjects a member of the executive body of the association or the person so acting personally to any liability if the matter or thing was done or omitted in good faith for the purpose of implementing this Code.