New South Wales Consolidated Acts

PROFESSIONAL STANDARDS ACT 1994 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 56)

Part 1 - Miscellaneous

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Professional Standards Amendment Act 1998

Professional Standards Amendment Act 1999

Professional Standards Amendment Act 2004

Professional Standards Amendment (Defence Costs) Act 2006

Professional Standards Amendment (Mutual Recognition) Act 2007

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Professional Standards Amendment Act 1998

2 Definition

In this Part, "the amending Act" means the Professional Standards Amendment Act 1998 .

3 Review of schemes

The provisions of section 16, as inserted by the amending Act, extend to apply in respect of schemes in force at the commencement of the section, as so inserted.

4 Limitation of damages in respect of subsisting causes of action

(1) Sections 21, 22 and 23, as in force immediately before the day on which amendments made to them by the amending Act took effect, continue to apply in respect of any cause of action that arose before that day as if those amendments had not been made, except as provided by subclause (2).

(2) The amendments made to sections 21, 22 and 23 by Schedule 1 [3] to the amending Act apply in relation to a cause of action arising before, as well as after, those amendments took effect.

(3) Sections 28 and 32, as in force immediately before their repeal by the amending Act, continue to apply in respect of a cause of action arising from anything done or omitted before their repeal.

5 Determination of extent of limitation of damages

The amendments made by the amending Act to section 26 do not apply in respect of a determination made under that section before those amendments took effect.

6 Fees payable on applications for approval of amendment to or revocation of scheme

For avoidance of doubt, section 53, as in force immediately before the amendment made to that section by the amending Act, is taken always to have empowered the prescription by regulation of any fee that might be prescribed under that section as in force after the amendment took effect.

Part 3 - Professional Standards Amendment Act 1999

7 Definition of existing schemes

In this Part, "existing scheme" means a scheme purporting to have been established in compliance with this Act and in existence immediately before the commencement of this clause.

8 Validation of existing schemes for limited period

(1) The provisions of an existing scheme are, to the extent to which they fail to provide for the scheme to apply to all persons within an occupational association or to a specified class or classes of persons within an occupational association, taken to have complied with this Act:

(a) at the time at which the provisions were first included in the scheme, and

(b) at all times until:

(i) the expiration of 12 months after the commencement of this clause, or

(ii) the amendment of the provisions in accordance with this Act after the commencement of this clause, or

(iii) the operation of the scheme ceases,

whichever occurs first.

(2) This clause does not apply to the provisions of an existing scheme to which clause 9 applies.

9 Validation of exemption provisions in existing schemes and exemptions

(1) This clause applies to the provisions of an existing scheme that provide (in effect) that an occupational association may, on application, exempt a person from the scheme.

(2) The provisions of an existing scheme to which this clause applies are taken to have complied with this Act:

(a) at the time at which the provisions were first included in the scheme, and

(b) at all times until the commencement of section 17 (2).

(3) The provisions of an existing scheme to which this clause applies are taken to have been made under section 17 (2).

(4) An exemption granted before the commencement of this clause under the provisions of an existing scheme to which this clause applies is taken to have been validly granted on the date on which it was granted and is taken to be valid at all times on and from that date.

10 Part does not apply to new provisions of existing schemes

This Part does not apply to a provision of an existing scheme included in the scheme after the commencement of this clause.

11 Part does not affect previous court or tribunal decisions

This Part does not affect any decision or order of a court or tribunal made before the commencement of this clause.

Part 4 - Professional Standards Amendment Act 2004

12 Definition

In this Part:
"amending Act" means the Professional Standards Amendment Act 2004 .

13 Operation of amendments

Except as provided by this Part, an amendment made by the amending Act extends to a cause of action arising before the commencement of the amendment but not so as to affect any decision of a court, or any compromise or settlement made before the commencement of the amendment.

14 Personal injury claims

The amendments made by the amending Act to section 5 do not apply to a cause of action that arose before the commencement of the amendments.

15 Application of schemes to officers, partners, employees and associates

The amendments made by the amending Act that substitute section 18 and insert section 20A do not apply to a cause of action that arose before the commencement of the amendments.

Part 5 - Professional Standards Amendment (Defence Costs) Act 2006

16 Definition

In this Part, "amending Act" means the Professional Standards Amendment (Defence Costs) Act 2006 .

17 Validation of schemes etc

(1) A scheme approved under this Act before the commencement of the amending Act is taken to be, and always to have been, a valid scheme if it would have been valid had the amendments made by the amending Act been in force when the scheme was approved.

(2) Anything done or omitted to be done in respect of such a scheme is taken to be, and always to have been, validly done or omitted. In particular, an insurance policy required by this Act before a limitation on liability in damages of a person to whom such a scheme applies is reduced is taken to comply, and always to have complied, with this Act if it would have complied had the amendments made by the amending Act been in force when the policy was issued.

(3) This clause extends to proceedings pending in a court on the commencement of this clause.

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.