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PARLIAMENT OF VICTORIA
Professional Standards Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Objects of this Act 2
4. Definitions 2
5. Does this Act apply to all types of occupational liability? 4
6. Relationship of this Act to other laws 4
7. Act binds the Crown 4
PART 2--LIMITATION OF LIABILITY 6
Division 1--Making, Amendment and Revocation of Schemes 6
8. Preparation and approval of schemes 6
9. Public notification of schemes 6
10. Making of comments and submissions concerning schemes 6
11. Consideration of comments, submissions and other matters 7
12. Public hearings 7
13. Submission of schemes to Minister 8
14. Gazettal, tabling and disallowance of schemes 8
15. Commencement of schemes 9
16. Challenges to schemes 9
17. Review of schemes 10
18. Amendment and revocation of schemes 10
Division 2--Contents of Schemes 11
19. Persons to whom scheme applies 11
20. Officers or partners of persons to whom a scheme applies 11
21. Employees of persons to whom a scheme applies 12
22. Other persons to whom a scheme applies 12
23. Limitation of liability by insurance arrangements 13
24. Limitation of liability by reference to amount of business assets 13
25. Limitation of liability by multiple of charges 14
26. Specification of different limits of liability 16
27. Combination of provisions under sections 23, 24 and 25 17
28. Liability that cannot be limited by a scheme 17
29. Insurance to be of requisite standard 18
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Clause Page
Division 3--Effect of Schemes 18
30. Limit of occupational liability by schemes 18
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31. Limitation of amount of damages 19
32. Effect of scheme on other parties to proceedings 20
33. Proceedings to which a scheme applies 20
34. Duration of scheme 20
35. Notification of limitation of liability 21
PART 3--COMPULSORY INSURANCE 23
36. Occupational association may compel its members to insure 23
37. Monitoring claims 23
PART 4--RISK MANAGEMENT 25
38. Risk management strategies 25
39. Reporting 25
40. Compliance audits 26
PART 5--COMPLAINTS AND DISCIPLINARY MATTERS 27
41. Occupational Associations (Complaints and Discipline) Code 27
PART 6--THE PROFESSIONAL STANDARDS COUNCIL 29
Division 1--Establishment of the Council 29
42. Establishment of the Council 29
Division 2--Membership and Procedure of the Council 29
43. Membership of the Council 29
44. Provisions relating to members of the Council 30
45. Provisions relating to procedure of the Council 30
Division 3--Functions of the Council 30
46. Functions of Council 30
Division 4--Miscellaneous 32
47. Requirement to provide information 32
48. Referral of complaints 33
49. Committees of the Council 33
50. Engagement of consultants 34
51. Accountability of the Council 34
52. Professional Standards Council Fund 34
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Clause Page
PART 7--MISCELLANEOUS 36
53. Characterisation of this Act 36
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54. No contracting out of this Act 36
55. No limitation on other insurance 36
56. Limitation of Supreme Court jurisdiction 36
57. Regulations 36
58. Review of Act 37
__________________
SCHEDULES 38
SCHEDULE 1--Model Code 38
SCHEDULE 2--Provisions Relating to Members of the Council 41
SCHEDULE 3--Provisions Relating to Procedure of the Council 44
SCHEDULE 4--Interim Provisions 45
ENDNOTES 47
INDEX 48
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to provide for the limitation of liability of members of occupational
associations in certain circumstances and to facilitate improvement in
the standards of services provided by those members and for other
purposes.
Professional Standards Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to provide for the limitation of liability of
5 members of occupational associations in
certain circumstances; and
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Part 1--Preliminary
s. 2
(b) to facilitate improvement in the standards of
services provided by those members.
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2. Commencement
This Act comes into operation on a day or days to
5 be proclaimed.
3. Objects of this Act
The objects of this Act are as follows--
(a) to enable the creation of schemes to limit the
civil liability of professionals and others; and
10 (b) to facilitate the improvement of occupational
standards of professionals and others; and
(c) to protect the consumers of the services
provided by professionals and others; and
(d) to establish the Professional Standards
15 Council to supervise the preparation and
approval of schemes and to assist in the
improvement of occupational standards and
protection of consumers.
4. Definitions
20 In this Act--
"business assets" means the property of a person
that is used in the performance of the
person's occupation and that is able to be
taken in proceedings to enforce a judgment
25 of a court;
"Council" means the Professional Standards
Council established by this Act;
"court" includes a tribunal and an arbitrator;
"damages" means damages awarded in respect of
30 a claim or counter-claim or by way of set-
off, and includes--
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(a) interest payable in respect of an amount
awarded as damages; and
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(b) legal costs and expenses ordered to be
paid in connection with an award of
5 damages (other than legal costs and
expenses incurred in enforcing a
judgment or incurred on an appeal
made by a defendant);
"exercise" of a function includes, where the
10 function is a duty, the performance of the
duty;
"function" includes a power, authority and duty;
"judgment" includes--
(a) a judgment given by consent; and
15 (b) an award of an arbitrator;
"occupational association" means a body
corporate--
(a) which represents the interests of
persons who are members of the same
20 occupational group; and
(b) the membership of which is limited
principally to members of that
occupational group;
"occupational group" includes a professional
25 group and a trade group;
"occupational liability" means civil liability
arising (in tort, contract or otherwise)
directly or vicariously from anything done or
omitted to be done by a member of an
30 occupational association acting in the
performance of his or her occupation;
"partner" has the same meaning as in the
Partnership Act 1958;
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"scheme" means a scheme for limiting the
occupational liability of members of an
occupational association;
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"statutory rule" has the same meaning as in the
5 Subordinate Legislation Act 1994.
5. Does this Act apply to all types of occupational
liability?
(1) This Act does not apply to liability for damages
arising from any of the following--
10 (a) the death of, or personal injury to, a person;
(b) any negligence or other fault of a legal
practitioner in acting for a client in a
personal injury claim;
(c) a breach of trust or of fiduciary duty;
15 (d) fraud or dishonesty.
(2) This Act does not apply to liability which may be
the subject of proceedings under section 110 of
the Transfer of Land Act 1958.
6. Relationship of this Act to other laws
20 (1) If a provision made by or under Part 3, 4 or 5 of
this Act is inconsistent with a provision made by
or under any other Act, that other provision
prevails and the provision made by or under this
Act is (to the extent of the inconsistency) of no
25 force or effect.
(2) Except as provided by sub-section (1), this Act
has effect despite any law to the contrary.
7. Act binds the Crown
(1) This Act binds the Crown in right of Victoria and,
30 so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
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(2) Nothing in this Act makes the Crown in any of its
capacities liable to be prosecuted for an offence.
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__________________
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PART 2--LIMITATION OF LIABILITY
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Division 1--Making, Amendment and Revocation of
Schemes
8. Preparation and approval of schemes
5 (1) An occupational association may prepare a
scheme.
(2) The Council may, on the application of an
occupational association, prepare a scheme.
(3) The Council may, on the application of an
10 occupational association, approve a scheme
prepared under this section.
9. Public notification of schemes
Before approving a scheme, the Council must
publish a notice in a daily newspaper circulating
15 throughout Victoria--
(a) explaining the nature and significance of the
scheme; and
(b) advising where a copy of the scheme may be
obtained or inspected; and
20 (c) inviting comments and submissions within a
specified time, but not less than 28 days after
publication of the notice.
10. Making of comments and submissions concerning
schemes
25 (1) Any person may make a comment or submission
to the Council concerning a scheme of which
notice has been published under section 9.
(2) A comment or submission must be made within
the period specified for that purpose in the notice
30 or within such further time as the Council may
allow.
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11. Consideration of comments, submissions and other
matters
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Before approving a scheme, the Council must
consider the following--
5 (a) all comments and submissions made to it in
accordance with section 10;
(b) the position of persons who may be affected
by limiting the occupational liability of
members of the occupational association
10 concerned;
(c) the nature and level of claims relating to
occupational liability made against members
of the occupational association concerned;
(d) the risk management strategies of the
15 occupational association concerned;
(e) the means by which those strategies are
intended to be implemented;
(f) the cost and availability of insurance against
occupational liability for members of the
20 occupational association concerned;
(g) the standards (referred to in section 29)
determined by the occupational association
concerned in relation to insurance policies;
(h) the provisions contained in the proposed
25 scheme for the making and determination of
complaints and the imposition and
enforcement of disciplinary measures against
members of the occupational association
concerned.
30 12. Public hearings
(1) The Council may conduct a public hearing
concerning a scheme if the Council thinks it
appropriate.
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(2) A public hearing may be conducted in such
manner as the Council determines.
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13. Submission of schemes to Minister
(1) The Council may submit a scheme approved by it
5 to the Minister.
(2) Section 6(a) of the Subordinate Legislation Act
1994 applies to a proposed scheme submitted to
the Minister as though--
(a) the proposed scheme were a proposed
10 statutory rule; and
(b) the reference in that section to or any other
existing or proposed statutory rule included a
reference to any other existing or proposed
scheme.
15 14. Gazettal, tabling and disallowance of schemes
(1) The Minister, after carrying out any consultation
required by section 13(2), may authorise the
publication in the Government Gazette of a
scheme submitted to the Minister by the Council.
20 (2) Section 15 and Part 5 of the Subordinate
Legislation Act 1994 apply to a scheme published
in the Government Gazette under sub-section (1)
as though--
(a) the scheme were a statutory rule; and
25 (b) notice of the making of the statutory rule had
been published in the Government Gazette
when the scheme was published in the
Government Gazette; and
(c) section 21(1)(j) of that Act included a
30 reference to a contravention of any of the
provisions of this Act.
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15. Commencement of schemes
(1) A scheme published in the Government Gazette
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with the authorisation of the Minister
commences--
5 (a) on such day 2 months or more after the date
of its publication as may be specified in the
scheme; or
(b) if no such day is specified--2 months after
the date of its publication.
10 (2) This section is subject to any order of the Supreme
Court under section 16(2).
16. Challenges to schemes
(1) A person who is, or is reasonably likely to be,
affected by a scheme published as referred to in
15 section 14 may, at any time before the scheme
commences, apply to the Supreme Court for an
order that the scheme is void for want of
compliance with this Act.
(2) The Court may, on or at any time after the making
20 of the application, order that the commencement
of the scheme is stayed until further order of the
Court.
(3) The Court, in relation to an application, may--
(a) make an order that a scheme is void for want
25 of compliance with this Act; or
(b) decline to make such an order; or
(c) give directions as to the things that are
required to be done in order that a scheme,
the commencement of which is stayed under
30 this section, may commence; or
(d) make any other order it thinks fit.
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17. Review of schemes
(1) The Minister may direct the Council to review the
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operation of a scheme.
(2) The Council must comply with any such direction
5 but may on its own initiative at any time (whether
before or after the scheme ceases to have effect)
review the operation of a scheme.
(3) A review may, but need not, be conducted in order
to decide whether a scheme should be amended or
10 revoked or whether a new scheme should be
made.
(4) Without limiting sub-section (2), the Council may
review the operation of a scheme that relates to
the members of an occupational association if the
15 association proposes under section 29 an
alteration in the standards applying in relation to
an insurance policy or kind of insurance policy
that would, in the opinion of the Council, result in
less stringent standards.
20 18. Amendment and revocation of schemes
(1) An occupational association may prepare an
amendment to, or revocation of, a scheme that
relates to its members.
(2) The Council may, on the application of an
25 occupational association, prepare or approve an
amendment to, or revocation of, a scheme that
relates to the members of the association.
(3) The Minister may direct the Council to prepare an
amendment to, or revocation of, a scheme.
30 (4) The Council must comply with any such direction
but may on its own initiative, at any time while
the scheme remains in force, prepare an
amendment to, or revocation of, a scheme.
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(5) The provisions of sections 8 to 16 apply, with any
necessary modifications, to the amendment or
revocation of a scheme as well as to the making of
Victorian Legislation and Parliamentary Documents
a scheme.
5 Division 2--Contents of Schemes
19. Persons to whom scheme applies
(1) A scheme may provide that it applies to--
(a) all persons within an occupational
association; or
10 (b) a specified class or classes of persons within
an occupational association.
(2) A scheme may provide that the occupational
association concerned may, on application by a
person, exempt the person from the scheme.
15 (3) A scheme ceases to apply to a person exempted
from the scheme as referred to in sub-
section (2)--
(a) on and from the date on which the exemption
is granted; or
20 (b) on and from a later date specified in the
exemption.
(4) Sub-section (2) does not apply to a person to
whom a scheme applies by virtue of section 20, 21
or 22.
25 20. Officers or partners of persons to whom a scheme
applies
(1) If a scheme applies to a body corporate, the
scheme also applies to each officer of the body
corporate.
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(2) If a scheme applies to a person, the scheme also
applies to each partner of the person.
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(3) However, if an officer of a body corporate or a
partner of a person is entitled to be a member of
5 the same occupational association as the body
corporate or person, but is not a member, the
scheme does not apply to that officer or partner.
(4) In this section "officer"--
(a) in relation to a body corporate that is a
10 corporation within the meaning of the
Corporations Act, has the same meaning as
in section 82A of that Act; and
(b) in relation to a body corporate that is not a
corporation within the meaning of that Act,
15 means any person (by whatever name called)
who is concerned in or takes part in the
management of the body corporate.
21. Employees of persons to whom a scheme applies
(1) If a scheme applies to a person, the scheme also
20 applies to each employee of the person.
(2) However, if an employee of a person is entitled to
be a member of the same occupational association
as the person, but is not a member, the scheme
does not apply to that employee.
25 22. Other persons to whom a scheme applies
If persons are prescribed by the regulations for the
purposes of section 31(4) as being associated with
persons to whom a scheme applies, the scheme
also applies to the prescribed persons.
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23. Limitation of liability by insurance arrangements
A scheme may provide that if a person to whom
Victorian Legislation and Parliamentary Documents
the scheme applies and against whom a
proceeding relating to occupational liability is
5 brought is able to satisfy the court that the person
has the benefit of an insurance policy--
(a) that insures the person against that
occupational liability; and
(b) under which the amount payable in respect
10 of the occupational liability relating to the
cause of action (including any amount
payable by the person by way of excess
under or in relation to the policy) is not less
than the amount of the monetary ceiling
15 specified in the scheme in relation to the
class of person and the kind of work to
which the cause of action relates at the time
at which the act or omission giving rise to
the cause of action occurred--
20 the person is not liable in damages in relation to
that cause of action above the amount of the
monetary ceiling so specified.
24. Limitation of liability by reference to amount of
business assets
25 A scheme may provide that if a person to whom
the scheme applies and against whom a
proceeding relating to occupational liability is
brought is able to satisfy the court--
(a) that the person has business assets the net
30 current market value of which is not less
than the amount of the monetary ceiling
specified in the scheme in relation to the
class of person and the kind of work to
which the cause of action relates at the time
35 at which the act or omission giving rise to
the cause of action occurred; or
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(b) that--
(i) the person has business assets and the
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benefit of an insurance policy that
insures the person against that
5 occupational liability; and
(ii) the net current market value of the
business assets and the amount payable
under the insurance policy in respect of
the occupational liability relating to the
10 cause of action (including any amount
payable by the person by way of excess
under or in relation to the policy), if
combined, would total an amount that
is not less than the amount of the
15 monetary ceiling specified in the
scheme in relation to the class of person
and the kind of work to which the cause
of action relates at the time at which the
act or omission giving rise to the cause
20 of action occurred--
the person is not liable in damages in relation
to that cause of action above the amount of
the monetary ceiling so specified.
25. Limitation of liability by multiple of charges
25 (1) A scheme may provide that if a person to whom
the scheme applies and against whom a
proceeding relating to occupational liability is
brought is able to satisfy the court--
(a) that the person has the benefit of an
30 insurance policy--
(i) that insures the person against that
occupational liability; and
(ii) under which the amount payable in
respect of the occupational liability
35 relating to the cause of action
(including any amount payable by the
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person by way of excess under or in
relation to the policy) is not less than an
amount (the limitation amount), being
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a reasonable charge for the services
5 provided by the person, or which the
person failed to provide, and to which
the cause of action relates, multiplied
by the multiple specified in the scheme
in relation to the class of person and the
10 kind of work to which the cause of
action relates at the time at which the
act or omission giving rise to the cause
of action occurred; or
(b) that the person has business assets the net
15 current market value of which is not less
than the limitation amount; or
(c) that--
(i) the person has business assets and the
benefit of an insurance policy that
20 insures the person against that
occupational liability; and
(ii) the net current market value of the
assets and the amount payable under
the insurance policy in respect of the
25 occupational liability relating to the
cause of action (including any amount
payable by the person by way of excess
under or in relation to the policy), if
combined, would total an amount that
30 is not less than the limitation amount--
the person is not liable in damages in relation
to that cause of action above the limitation
amount or, if the scheme specifies a
minimum cap determined by the Council for
35 the purposes of the scheme that is higher
than the limitation amount, above the amount
of the minimum cap so specified.
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(2) In determining the amount of a reasonable charge
for the purposes of a provision made under sub-
section (1), a court is to have regard to any
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amount actually charged and to--
5 (a) the amount that would ordinarily be charged
in accordance with a scale of charges
accepted by the occupational association of
which the person is a member; or
(b) if there is no such scale, the amount that a
10 competent person of the same qualifications
and experience as the person would be likely
to charge in the same circumstances.
(3) This section does not limit an amount of damages
to which a person is liable if the amount is less
15 than the amount specified for the purpose in the
scheme in relation to the class of person and the
kind of work concerned.
26. Specification of different limits of liability
A scheme may--
20 (a) specify the same maximum amount of
liability in relation to all cases to which the
scheme applies or different maximum
amounts of liability for different cases or
classes of case or for the same case or class
25 of case for different purposes; and
(b) confer a discretionary authority on an
occupational association, on application by a
person to whom the scheme applies, to
specify in relation to the person a higher
30 maximum amount of liability than would
otherwise apply under the scheme in relation
to the person either in all cases or in any
specified case or class of case.
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27. Combination of provisions under sections 23, 24
and 25
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If, in a scheme, provisions of the kind referred to
in section 25 and provisions of the kind referred to
5 in section 23 or 24 (or both) apply to a person at
the same time in respect of the same kind of work,
the scheme must provide that the damages which
may be awarded against the person are to be
determined in accordance with section 25 but
10 must not exceed the amount of the monetary
ceiling specified in relation to the class of person
and the kind of work in the provisions of the kind
referred to in section 23 or 24.
28. Liability that cannot be limited by a scheme
15 (1) A scheme can only affect the liability for damages
arising from a single cause of action to the extent
to which the liability results in damages exceeding
such amount (but not less than $500 000) as is
determined for the purposes of the scheme by the
20 Council and specified in the scheme.
(2) In making a determination, the Council must have
regard to--
(a) the number and amounts of claims made
against persons within the occupational
25 association concerned; and
(b) the need adequately to protect consumers.
(3) A Council determination applies only to a cause
of action that arises after the determination takes
effect.
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29. Insurance to be of requisite standard
(1) For the purposes of a scheme, an insurance policy
Victorian Legislation and Parliamentary Documents
must be a policy, or a policy of a kind, which
complies with standards determined by the
5 occupational association whose members may be
insured under such a policy, or a policy of such a
kind.
(2) While a scheme remains in force relating to its
members, if an occupational association proposes
10 to alter the standards previously determined by it
in relation to an insurance policy or a kind of
insurance policy, it must submit the proposal to
the Council for approval.
(3) The Council may approve, or refuse to approve, a
15 proposal submitted to it under sub-section (2).
Note: The Council may review the scheme under section 17
when the occupational association proposes less
stringent insurance standards.
(4) If the Council refuses to approve the proposal, the
20 standards remain as previously determined by the
occupational association.
Division 3--Effect of Schemes
30. Limit of occupational liability by schemes
(1) To the extent provided by this Act and the
25 provisions of the scheme, a scheme limits the
occupational liability, in respect of a cause of
action founded on an act or omission occurring
during the period when the scheme is in force, of
any person to whom the scheme applied at the
30 time when the act or omission occurred.
(2) A scheme does not limit the liability of a person
(the professional) to another person (the client)
if, at no stage before the time of the relevant act or
omission, did the professional--
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(a) give, or cause to be given, to the client a
document that carried a statement of a kind
referred to in section 35(1); or
Victorian Legislation and Parliamentary Documents
(b) otherwise inform the client, whether orally or
5 in writing, that the professional's liability
was limited in accordance with this Part.
Note: A professional may also be prosecuted under
section 35 for a contravention of section 35(1).
(3) Sub-section (2) does not affect any limitation of
10 the liability of a professional to a person other
than the client.
(4) The applicable limitation of liability is the
limitation specified by the scheme as in force at
the time of the relevant act or omission.
15 (5) A limitation of liability that, in accordance with
this section, applies in respect of an act or
omission continues to apply to every cause of
action founded on it, irrespective of when the
cause of action arises or proceedings are brought
20 in respect of it, and even if the scheme has been
amended or has, in accordance with section 34,
ceased to be in force.
(6) A person to whom a scheme applies cannot
choose not to be subject to the scheme, except in
25 accordance with provisions included in the
scheme under section 19(2).
31. Limitation of amount of damages
(1) A limitation imposed by a scheme in force under
this Act of an amount of damages is a limitation
30 of the amount of damages that may be awarded
for a single claim and is not a limitation of the
amount of damages that may be awarded for all
claims arising out of a single event.
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s. 32
(2) Separate claims by two or more persons who have
a joint interest in a cause of action founded on the
same act or omission are to be treated as a single
Victorian Legislation and Parliamentary Documents
claim for the purposes of this Act.
5 (3) Two or more claims by the same person arising
out of a single event against persons to whom a
scheme in force under this Act applies and who
are associated are to be treated as a single claim
for the purposes of this Act.
10 (4) Persons are associated if they are--
(a) officers of the same body corporate (within
the meaning of section 20); or
(b) partners, employees of the same employer or
in the relationship of employer and
15 employee; or
(c) persons who are prescribed by the
regulations for the purposes of this sub-
section.
32. Effect of scheme on other parties to proceedings
20 A scheme does not limit the liability of a person
who is a party to proceedings if the scheme does
not apply to the person.
33. Proceedings to which a scheme applies
A scheme in force under this Act applies to
25 proceedings relating to an act or omission that
occurred after the commencement of the scheme.
34. Duration of scheme
(1) A scheme remains in force for such period (not
exceeding 5 years) from its commencement as is
30 determined by the Council unless, before the end
of the period so determined--
(a) it is revoked; or
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Part 2--Limitation of Liability
s. 35
(b) its operation is extended by notice under this
section; or
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(c) its operation ceases because of the operation
of another Act.
5 (2) The Minister may, by notice published in the
Government Gazette, extend the period for which
a scheme is in force. The notice must be published
on or before the day when the original period
ends.
10 (3) Only one extension may be effected under sub-
section (2) in respect of any particular scheme,
and the maximum period of such an extension is
12 months.
35. Notification of limitation of liability
15 (1) If the occupational liability of a person is limited
in accordance with this Part, the person must
ensure that all documents (other than business
cards) given, or caused to be given, by the person
to a client or prospective client that promote or
20 advertise the person or the person's occupation,
including official correspondence ordinarily used
by the person in the performance of the person's
occupation and similar documents, carry a
statement indicating that the person's liability is so
25 limited.
Penalty: 50 penalty units.
(2) The regulations may prescribe a form of statement
for the purposes of this section.
(3) A person does not commit an offence against sub-
30 section (1) if the statement carried on the person's
documents is in the prescribed form.
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Part 2--Limitation of Liability
s. 35
(4) If the occupational liability of a person is limited
in accordance with this Part, the person must
ensure that a copy of the scheme concerned is
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given, or caused to be given, to any client or
5 prospective client who requests a copy.
Penalty: 50 penalty units.
__________________
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Act No.
Part 3--Compulsory Insurance
s. 36
PART 3--COMPULSORY INSURANCE
Victorian Legislation and Parliamentary Documents
36. Occupational association may compel its members
to insure
(1) An occupational association may require its
5 members to hold insurance against occupational
liability.
(2) Such a requirement may be imposed as a
condition of membership or otherwise.
(3) The occupational association may set the
10 standards with which the insurance must comply
(for example, as to the amount of the insurance).
(4) The occupational association may specify
different standards of insurance for different
classes of members.
15 37. Monitoring claims
(1) An occupational association may establish a
committee for monitoring and analysing claims
made against its members for occupational
liability or 2 or more occupational associations
20 may establish a common committee for that
purpose.
(2) It is not necessary for all the committee members
to be members of the occupational association or
associations concerned (for example, members
25 may include representatives of insurers).
(3) An occupational association may, through such a
committee or otherwise, issue practice advice to
its members with a view to minimising claims for
occupational liability.
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Part 3--Compulsory Insurance
s. 37
(4) A committee may request an insurer to give it any
information or a copy of any document that the
committee considers will assist it in carrying out
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its function.
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Professional Standards Act 2003
Act No.
Part 4--Risk Management
s. 38
PART 4--RISK MANAGEMENT
Victorian Legislation and Parliamentary Documents
38. Risk management strategies
(1) If an occupational association seeks the approval
of the Council under section 8 to a scheme, it must
5 furnish the Council with--
(a) a detailed list of the risk management
strategies intended to be implemented in
respect of its members; and
(b) the means by which those strategies are
10 intended to be implemented.
(2) The means of implementation may be imposed as
a condition of membership or otherwise.
(3) The strategies are to apply in addition to other
statutory requirements and must not be
15 inconsistent with them.
39. Reporting
(1) An occupational association must provide
information to the Council concerning its risk
management strategies if requested to do so by the
20 Council.
(2) An occupational association must provide an
annual report to the Council as to the
implementation and monitoring of its risk
management strategies, the effect of those
25 strategies and any changes made or proposed to be
made to them.
(3) An occupational association's annual report must
include details of any findings made, or
conclusions drawn, by a committee established by
30 it (whether solely or jointly with another
association or 2 or more other associations) under
section 37.
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(4) The occupational association's annual report is to
be incorporated into the Council's annual report in
such form as the Council determines.
Victorian Legislation and Parliamentary Documents
40. Compliance audits
5 (1) An audit (a compliance audit) of the compliance
of members, or of specified members or a
specified class or classes of members, of an
occupational association with the association's risk
management strategies--
10 (a) may be conducted at any time by the Council
or the association; or
(b) must be conducted by the association if
requested to do so by the Council.
(2) If a compliance audit is conducted by the
15 Council--
(a) the occupational association must give, and
ensure that its members give, the Council
any information or a copy of any document
that the Council reasonably requests in
20 connection with the conduct of the audit; and
(b) the Council must provide a copy of a report
of the audit to the association.
(3) If a compliance audit is conducted by the
occupational association, it must provide a copy
25 of a report of the audit to the Council.
__________________
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Act No.
Part 5--Complaints and Disciplinary Matters
s. 41
PART 5--COMPLAINTS AND DISCIPLINARY MATTERS
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41. Occupational Associations (Complaints and
Discipline) Code
(1) A scheme may adopt the provisions of the Model
5 Code set out in Schedule 1 with such additions,
omissions or other modifications (if any) as may
be approved by the Council.
(2) The modifications may include provisions relating
to the making and determination of complaints
10 and the imposition and enforcement of
disciplinary measures against members of an
occupational association, including (but not
limited to) the following--
(a) the establishment of committees for the
15 purpose of implementing the Model Code or
any of its provisions;
(b) the procedure at meetings of any such
committee;
(c) whether any such committee may administer
20 an oath;
(d) the application or exclusion of the rules of,
and practice relating to, evidence;
(e) the grounds on which a complaint may be
made;
25 (f) the verification of complaints by statutory
declaration;
(g) the suspension of members from
membership or from practice;
(h) the imposition of fines;
30 (i) the making of appeals;
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s. 41
(j) the exchanging of information with other
occupational associations (within or outside
Victoria).
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Professional Standards Act 2003
Act No.
Part 6--The Professional Standards Council
s. 42
PART 6--THE PROFESSIONAL STANDARDS COUNCIL
Victorian Legislation and Parliamentary Documents
Division 1--Establishment of the Council
42. Establishment of the Council
(1) The Professional Standards Council is established
5 by this Act.
(2) The Council--
(a) is a body corporate with perpetual
succession;
(b) has a common seal;
10 (c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15 (3) All courts must take judicial notice of the
common seal of the Council affixed to a document
and, until the contrary is proved, must presume
that it was duly affixed.
(4) The common seal of the Council must be kept in
20 such custody as the Council directs and must not
be used except as authorised by it.
Division 2--Membership and Procedure of the Council
43. Membership of the Council
(1) The Council is to consist of 11 persons appointed
25 by the Minister who have such experience, skills
and qualifications as the Minister considers
appropriate to enable them to make a contribution
to the work of the Council.
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(2) An act or decision of the Council is not invalid
merely because of--
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(a) a defect or irregularity in, or in connection
with, the appointment of a member; or
5 (b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
to appoint an original member.
44. Provisions relating to members of the Council
Schedule 2 has effect with respect to the members
10 of the Council.
45. Provisions relating to procedure of the Council
Schedule 3 has effect with respect to the
procedure of the Council.
Division 3--Functions of the Council
15 46. Functions of Council
(1) The Council has the following functions--
(a) to give advice to the Minister concerning--
(i) the publication in the Government
Gazette of a scheme, or of an
20 amendment to a scheme, submitted by
it to the Minister, or of notice of the
revocation of such a scheme;
(ii) the operation of this Act;
(iii) any other matter relating to the
25 occupational liability of members of
occupational associations;
(b) to give advice to occupational associations
concerning policies of insurance for the
purposes of Part 2;
30 (c) to encourage and assist in the improvement
of occupational standards of members of
occupational associations;
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(d) to encourage and assist in the development
of self-regulation of occupational
associations, including the giving of advice
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and assistance concerning the following--
5 (i) codes of ethics;
(ii) codes of practice;
(iii) quality management;
(iv) risk management;
(v) resolution of complaints by clients;
10 (vi) voluntary mediation services;
(vii) membership requirements;
(viii) discipline of members;
(ix) continuing occupational education;
(e) to monitor the occupational standards of
15 members of occupational groups;
(f) to monitor the compliance by an
occupational association with its risk
management strategies;
(g) to publish advice and information concerning
20 the matters referred to in this section;
(h) to conduct forums, approved by the Minister,
on issues of interest to members of
occupational groups;
(i) to collect, analyse and provide the Minister
25 with information on issues and policies
concerning the standards of occupational
groups;
(j) to institute proceedings in its own name for
the prosecution of an offence against this Act
30 or the regulations that comes to its notice or
for injunctive or other relief in respect of
such offences.
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(2) The Council is not empowered to give advice
concerning occupational standards contained in
any other Act or statutory rule.
Victorian Legislation and Parliamentary Documents
(3) Any advice given to the Minister by the Council
5 may be given either at the request of the Minister
or without any such request.
(4) The Council has such other functions as are
conferred or imposed on it by or under this or any
other Act.
10 (5) The Council is taken to have locus standi for the
purpose of pursuing any injunctive or other relief
in accordance with sub-section (1)(j), and is not to
be required to give any undertaking as to damages
in connection with the grant of any interlocutory
15 relief.
Division 4--Miscellaneous
47. Requirement to provide information
(1) The Council may, by notice in writing, require an
occupational association--
20 (a) whose members are subject to a scheme in
force under this Act; or
(b) which seeks the approval of the Council
under section 8 to a scheme, or an
amendment to or revocation of a scheme--
25 to provide information to it which it may
reasonably require in order to exercise its
functions.
(2) An occupational association must comply with a
notice under this section.
30 Penalty: 5 penalty units.
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48. Referral of complaints
(1) An occupational association may refer to the
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Council any complaint or other evidence received
by it that a member or former member of the
5 association has committed an offence against
section 35 or an offence against the regulations.
(2) An occupational association must provide
information to the Council on--
(a) any complaint or other evidence covered by
10 sub-section (1) that it did not refer to the
Council; and
(b) particulars of any action taken by it in
respect of any such complaint or other
evidence and of the outcome of that action.
15 (3) Nothing that is done in good faith under this
section by or on behalf of an association subjects
the association, any member of the association's
executive body or any person acting under the
direction of the association or its executive body
20 to any action, liability, claim or demand.
49. Committees of the Council
(1) The Council may, with the approval of the
Minister, establish committees to assist it in the
exercise of its functions.
25 (2) It does not matter that any or all of the members
of a committee are not members of the Council.
(3) The procedure for calling committee meetings and
for the conduct of business at those meetings is to
be as determined by the Council or (subject to any
30 determination of the Council) by the committee.
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Part 6--The Professional Standards Council
s. 50
50. Engagement of consultants
The Council, or a committee established under
Victorian Legislation and Parliamentary Documents
section 49, may engage as consultants to it
persons with suitable qualifications and
5 experience either in an honorary capacity or for
remuneration.
51. Accountability of the Council
(1) The Council must exercise its functions subject
to--
10 (a) the general direction and control of the
Minister; and
(b) any specific written directions given to it by
the Minister.
(2) Without limiting sub-section (1)(b), a direction
15 under that sub-section may require the Council to
give the Minister, or provide the Minister with
access to, information in its possession about a
matter or class of matter specified in the direction.
(3) If the Council is given a written direction, the
20 Council--
(a) may cause the direction to be published in
the Government Gazette; and
(b) must publish the direction in its next annual
report of operations under Part 7 of the
25 Financial Management Act 1994.
52. Professional Standards Council Fund
(1) There shall be established in the Public Account
as part of the Trust Fund an account to be known
as the Professional Standards Council Fund.
30 (2) There must be paid into the Fund--
(a) any money appropriated by the Parliament
for the purposes of the Fund; and
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Part 6--The Professional Standards Council
s. 52
(b) any fees paid to the Council under this Act;
and
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(c) any other money lawfully received by, made
available to, or paid to, the Council.
5 (3) The money standing to the credit of the Fund is to
be applied as directed by the Council in the
payment of the expenses incurred by it, or by a
committee established by it under section 49, in
carrying out its functions.
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Professional Standards Act 2003
Act No.
Part 7--Miscellaneous
s. 53
PART 7--MISCELLANEOUS
Victorian Legislation and Parliamentary Documents
53. Characterisation of this Act
The provisions of this Act are to be regarded as
part of the substantive law of the State.
5 54. No contracting out of this Act
This Act applies in relation to a person to whom a
scheme in force under this Act applies despite any
contract to the contrary, whether the contract was
made before, on or after the date on which the
10 person became a person to whom the scheme
applies.
55. No limitation on other insurance
Nothing in this Act limits the insurance
arrangements a person may make apart from those
15 made for the purposes of this Act.
56. Limitation of Supreme Court jurisdiction
It is the intention of sections 30, 31 and 48 to alter
or vary section 85 of the Constitution Act 1975.
57. Regulations
20 (1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed for carrying out or
giving effect to this Act.
25 (2) Without limiting sub-section (1), the regulations
may prescribe--
(a) the fees for applications for the Council's
approval, under Division 1 of Part 2, of a
scheme, or an amendment to or revocation of
30 a scheme; and
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s. 58
(b) the annual fee to be paid to the Council by an
occupational association whose members are
subject to a scheme in force under this Act.
Victorian Legislation and Parliamentary Documents
(3) A regulation may create an offence punishable by
5 a penalty not exceeding 20 penalty units.
(4) Schedule 4 has effect until the first day on which
any provision of regulations made under this Act
comes into operation.
58. Review of Act
10 (1) The Minister is to review this Act to determine
whether the policy objectives of this Act remain
valid and whether the terms of this Act remain
appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible
15 after the period of 5 years from the day on which
this Act receives the Royal Assent.
(3) A report of the outcome of the review is to be
tabled in each House of Parliament within
12 months after the end of the period of 5 years.
__________________
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Professional Standards Act 2003
Act No.
Sch. 1
SCHEDULES
Victorian Legislation and Parliamentary Documents
SCHEDULE 1
MODEL CODE
(Section 41)
5 1. Citation
This Code may be cited as the Occupational Associations
(Complaints and Discipline) Code.
2. Definitions
In this Code--
10 "Council" means the Professional Standards Council
established by the Professional Standards Act 2003.
3. What actions may be the subject of a complaint?
(1) A complaint may be made that a member of the
occupational association has acted (or has failed to act) in
15 such a way as to justify the taking of disciplinary action
against the member under this Code.
(2) 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?
20 Any person may make a complaint (including the
occupational association and the Council).
5. How is a complaint made?
(1) A complaint may be made to the occupational association.
(2) The complaint must be in writing and contain the particulars
25 of the allegations on which it is founded.
(3) 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?
30 (1) 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.
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(2) The occupational association may then do any one or more
of the following--
Victorian Legislation and Parliamentary Documents
(a) it may require the complainant to provide further
particulars of the complaint;
5 (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,
10 misconceived or lacking in substance);
(e) it may conduct a hearing into the complaint.
(3) The occupational association is bound by the rules of natural
justice in the conduct of a hearing into the complaint.
7. What action may be taken after a hearing into a complaint?
15 (1) 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;
20 (b) impose conditions relating 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 concerning the carrying
25 out of his or her occupation at the times, in the
manner and to the persons specified by the
occupational association;
(e) order the person to obtain advice concerning the
carrying out of his or her occupation from such
30 persons as are specified by the occupational
association;
(f) expel the person from membership of the
occupational association.
(2) If the occupational association does not find the complaint
35 substantiated, it must dismiss the complaint.
(3) The occupational association is not entitled to make an
award of compensation.
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Sch. 1
8. Notices of decisions
(1) Within 30 days after a decision is made by an occupational
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association concerning a complaint, the complainant and the
person against whom the complaint is made must be given a
5 written statement of the decision.
(2) 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 against whom the
complaint is made are not entitled to legal representation
10 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?
15 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 by that resolution for the
purpose.
20 11. Immunity
(1) A member of the executive body of an occupational
association or a person acting in accordance with a
resolution of an occupational association is not personally
liable for anything done or omitted to be done in good
25 faith--
(a) for the purpose of implementing this Code; or
(b) in the reasonable belief that the act or omission was
for the purpose of implementing this Code.
(2) Any liability resulting from an act or omission that, but for
30 sub-clause (1), would attach to a person attaches instead to
the occupational association.
__________________
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Professional Standards Act 2003
Act No.
Sch. 2
SCHEDULE 2
Victorian Legislation and Parliamentary Documents
PROVISIONS RELATING TO MEMBERS OF THE COUNCIL
(Section 44)
1. Chairperson and Deputy Chairperson of the Council
5 (1) The Minister is to appoint 2 of the members of the Council
(in and by their respective instruments of appointment or in
and by other instruments executed by the Minister) as
Chairperson and Deputy Chairperson of the Council,
respectively.
10 (2) The Minister may remove a member from the office of
Chairperson or Deputy Chairperson of the Council at any
time.
(3) A person holding office as Chairperson or Deputy
Chairperson of the Council vacates that office if the
15 person--
(a) is removed from that office by the Minister; or
(b) resigns that office by instrument in writing addressed
to the Minister; or
(c) ceases to be a member.
20 2. Deputies of members
(1) The Minister may, from time to time, appoint a person to be
the deputy of a member, and the Minister may revoke any
such appointment.
(2) In the absence of a member, the member's deputy--
25 (a) is, if available, to act in the place of the member; and
(b) while so acting, has all the functions of the member
and is taken to be a member.
(3) The deputy of a member who is Chairperson or Deputy
Chairperson of the Council does not (because of this clause)
30 have the member's functions as Chairperson or Deputy
Chairperson.
(4) A person while acting in the place of a member is entitled to
be paid such allowances as the Minister may from time to
time determine in respect of the person.
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3. Term of office
Subject to this Schedule, a member holds office for such
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period (not exceeding 3 years) as may be specified in the
member's instrument of appointment, but is eligible (if
5 otherwise qualified) for re-appointment.
4. Allowances
A member is entitled to be paid such allowances as the
Minister may from time to time determine in respect of the
member.
10 5. Vacancy in office of member
(1) The office of a member becomes vacant if the member--
(a) resigns the office by instrument in writing addressed
to the Minister; or
(b) is removed from office by the Minister under this
15 clause; or
(c) is absent from 4 consecutive meetings of the Council
of which reasonable notice has been given to the
member personally or in the ordinary course of post
unless--
20 (i) the member is so absent on leave granted by the
Council; or
(ii) before the expiration of 4 weeks after the last of
those meetings, the member is excused by the
Council for having been absent from those
25 meetings; or
(d) becomes an insolvent under administration within the
meaning of the Corporations Act; or
(e) becomes a represented person within the meaning of
the Guardianship and Administration Act 1986; or
30 (f) is convicted in Victoria of an offence that is
punishable by imprisonment for life or for a term of
12 months or more, or is convicted elsewhere than in
Victoria of an offence that, if committed in Victoria,
would be an offence so punishable.
35 (2) The Minister may remove a member from office for
incompetence or misbehaviour.
6. Filling of vacancy in office of member
If the office of a member becomes vacant, a person may,
subject to this Act, be appointed to fill the vacancy.
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Sch. 2
7. Effect of certain other Acts
(1) The Public Sector Management and Employment Act
Victorian Legislation and Parliamentary Documents
1998 does not apply to a member in respect of the office of
member.
5 (2) A provision made by or under any Act--
(a) requiring a person who is the holder of a specified
office to devote the whole of his or her time to the
duties of that office; or
(b) prohibiting the person from engaging in employment
10 outside the duties of that office--
does not operate to disqualify the person from holding that
office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this
Act as such a member.
15 (3) A member is not, in respect of the office of member, to be
taken to hold an office or place of profit under the Crown
which would--
(a) prevent the member sitting or voting as a member of
the Legislative Council or Legislative Assembly; or
20 (b) make void the member's election to the Legislative
Council or Legislative Assembly; or
(c) prevent the member continuing to be a member of the
Legislative Council or Legislative Assembly; or
(d) subject the member to liability to a penalty under the
25 Constitution Act 1975.
8. Immunity
(1) A member, a deputy of a member, or any person acting
under the direction of the Council or of a member or a
deputy of a member, is not personally liable for anything
30 done or omitted to be done in good faith--
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act or omission was in
the exercise of a function under this Act.
(2) Any liability resulting from an act or omission that, but for
35 sub-clause (1), would attach to a person attaches instead to
the Council.
__________________
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Professional Standards Act 2003
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Sch. 3
SCHEDULE 3
Victorian Legislation and Parliamentary Documents
PROVISIONS RELATING TO PROCEDURE OF THE
COUNCIL
(Section 45)
5 1. General procedure
The procedure for the calling of meetings of the Council and
for the conduct of business at those meetings is, subject to
this Act and the regulations, to be as determined by the
Council.
10 2. Quorum
The quorum for a meeting of the Council is a majority of its
members for the time being.
3. Presiding member
(1) The Chairperson of the Council or, in the absence of the
15 Chairperson, the Deputy Chairperson of the Council or, in
the absence of both, another member elected to chair the
meeting by the members present is to preside at a meeting of
the Council.
(2) The person presiding at any meeting of the Council has a
20 deliberative vote and, in the event of an equality of votes,
has a second or casting vote.
4. Voting
A decision supported by a majority of the votes cast at a
meeting of the Council at which a quorum is present is the
25 decision of the Council.
5. First meeting
The Chairperson of the Council is to call the first meeting of
the Council in such manner as he or she thinks fit.
__________________
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Sch. 4
SCHEDULE 4
Victorian Legislation and Parliamentary Documents
INTERIM PROVISIONS
PART 1--FEES AND CHARGES
(Section 57(4))
5 1. Definitions
In this Part--
"annual fee" means the annual fee referred to in
section 57(2)(b);
"annual fee period", in relation to a scheme, means each
10 period of 12 months beginning on the date on which
the scheme commences and on each anniversary of
that date.
2. Application fee for approval relating to occupational liability
schemes
15 (1) An application by an occupational association for the
approval of the Council of--
(a) a scheme prepared under section 8; or
(b) an amendment to, or the revocation of, such a
scheme--
20 must be accompanied by a fee of $5000.
(2) However, if the application is for the approval of the
Council of a scheme prepared solely to replace a scheme
that is to cease by effluxion of time to apply to the members
of the relevant occupational association (and the application
25 is made before the scheme so ceases to apply), the fee that
must accompany the application is $2000.
(3) Sub-clause (2) applies whether or not the scheme for which
approval is sought differs in any way from the scheme that it
is intended to replace.
30 3. Amount of annual fee
The annual fee to be paid to the Council by an occupational
association any of whose members are subject to a scheme
in force under this Act (being a scheme that applies to all
persons within the association or to a specified class or
35 classes of persons within the association) is $35 for each
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Act No.
Sch. 4
person to whom the scheme applies who is a member of the
association at any time during the relevant annual fee period.
Victorian Legislation and Parliamentary Documents
4. Payment of annual fee
(1) The annual fee must be paid not later than at the end of the
5 first quarter of the annual fee period concerned.
(2) If for any reason a scheme becomes applicable to an
additional member of the occupational association during
the annual fee period, the payment under clause 3 must be
made in respect of the additional member at the end of the
10 quarter in which the scheme became applicable to that
member.
5. Interest on overdue annual fee
If any amount of the annual fee (including any payment
required under clause 4(2)) is not paid within 30 days after it
15 is due, simple interest at the rate of 005% per day is payable
to the Council on the outstanding balance until that balance
is paid.
6. Remission of amounts payable
The Council may, if it considers that there are special
20 reasons for doing so in a particular case, remit the whole or
any part of any or all of the following--
(a) the fee payable under clause 2 for an application for
the approval of the Council of a scheme or of an
amendment to, or the revocation of, a scheme;
25 (b) the annual fee payable under clause 4;
(c) any interest payable under clause 5.
PART 2--FORM OF STATEMENT
7. Notification of limitation of liability
(1) For the purposes of section 35(3), the following form of
30 statement is prescribed--
"Liability limited by the [insert name of relevant Scheme
approved of by the Council] Scheme, approved under the
Professional Standards Act 2003 (Vic).".
(2) The statement must be printed in a size not less than the face
35 measurement of Times New Roman typeface in 8 point.
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Professional Standards Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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Professional Standards Act 2003
Act No.
INDEX
Subject Section
Victorian Legislation and Parliamentary Documents
Act
application 5, 54
commencement 2
Crown bound by 7
objects 3
provisions to be regarded as substantive law 53
purpose 1
relationship to other laws 6
review 58
22, 31
Associated persons
20, 31
Bodies corporate
4, 2425
Business assets
41, 48, Sch. 1
Complaints
Council See Professional Standards Council
Damages (def.) 4
See also Occupational liability
4, 20, Sch. 1,
Definitions
Sch. 4
41, Sch. 1
Disciplinary measures
21, 31
Employees
Insurance
compulsory for members of associations 36
liability limited by 23, 24, 25
other insurance arrangements not limited by Act 55
standards 17, 29, 36
Limitation of liability See Occupational liability
Minister
powers regarding Council 43, 49, 51
powers regarding schemes 14, 17, 18, 34
review of Act by 58
41, Sch. 1
Model Code
Occupational associations
annual report 39
committees to monitor claims 37, 39
complaints, disciplinary measures against members 41, 48, Sch. 1
definition 4
fees payable to Council by 57, Sch. 4
functions, duties, authority regarding
compliance audits 40
different limits of liability 26
exemptions from schemes 19
insurance 17, 29, 36
provision of information to Council 39, 40, 47, 48
risk management 3840
schemes 8, 18
Occupational groups (def.) 4
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Professional Standards Act 2003
Act No.
Subject Section
Occupational liability
application of Act to 5
Victorian Legislation and Parliamentary Documents
definition 4
limitation imposed by schemes
amount of damages 31
application to causes of action 30
by insurance arrangements 23, 24, 25
by multiple of charges 25
by reference to amount of business assets 24, 25
damages above certain amount 28
limitation amounts, minimum caps 25
monetary ceilings 23, 24, 27
specification of different limits 26
statements for clients 30, 35, 48, Sch. 4
where combination of provisions applies 27
monitoring of claims for 37, 39
not limited if scheme does not apply 32
35, 47, 57
Offences and penalties
4, 20, 31
Partners
Proceedings
application of schemes to 33
brought by Council 46
See also Occupational liability
Professional Standards Council
advice given by 46
committees 49
consultants 50
directions from Minister to 51
establishment 42
fees payable to 57, Sch. 4
functions in general 46
functions regarding
amount of damages for purposes of schemes 28
compliance audits 40
insurance standards 17, 29
minimum caps for purposes of schemes 25
modifications to Model Code 41
obtaining information from associations 39, 40, 47, 48
schemes 813, 17, 18, 34
Fund 52
membership 4344, Sch. 2
procedure 45, Sch. 3
proceedings brought by 46
referral of complaints, evidence of offences to 48
35, 57, Sch. 4
Regulations
3840
Risk management
Schemes
amendment 18
application of Act to persons subject to 54
application of Subordinate Legislation Act 1994 to 1314
approval 8
cessation by operation of another Act 34
commencement 1516
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Professional Standards Act 2003
Act No.
Subject Section
comments on 1011
copies for clients 35
Victorian Legislation and Parliamentary Documents
Court orders 16
definition 4
disallowance 14
duration 34
exemptions 19
extension of operation 34
fees payable to Council in relation to 57, Sch. 4
gazettal 14
matters Council must consider 11
Model Code adopted by 41, Sch. 1
persons, bodies to whom scheme applies 1922
preparation 8
proceedings to which schemes apply 33
public hearings 12
public notification 9
review 17
revocation 18
submission to Minister 13
submissions regarding 1011
tabling 14
See also Occupational liability
16, 56
Supreme Court
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