Victorian Consolidated Legislation

PROFESSIONAL STANDARDS ACT 2003

No. 100 of 2003
Version incorporating amendments as at 12 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Does this Act apply to all types of occupational liability?
   6.      Relationship of this Act to other laws
   7.      Act binds the Crown

   PART 2-LIMITATION OF LIABILITY

           Division 1-Making, amendment and revocation of schemes

   8.      Preparation and approval of schemes
   9.      Public notification of schemes
   10.     Making of comments and submissions concerning schemes
   11.     Consideration of comments, submissions and other matters
   12.     Public hearings
   13.     Submission of schemes to Minister
   14.     Gazettal, tabling and disallowance of schemes
   15.     Commencement of schemes
   16.     Challenges to schemes
   17.     Review of schemes
   18.     Amendment and revocation of Victorian schemes
   18A.    Notification of revocation of schemes
   18B.    Termination of operation of interstate schemes in this
           jurisdiction

           Division 2-Contents of schemes

   19.     Persons to whom scheme applies
   20.     Officers or partners of persons to whom a scheme applies
   21.     Employees of persons to whom a scheme applies
   22.     Other persons to whom a scheme applies
   23.     Limitation of liability by insurance arrangements
   24.     Limitation of liability by reference to amount of business assets
   25.     Limitation of liability by multiple of charges
   26.     Specification of different limits of liability
   27.     Combination of provisions under sections 23, 24 and 25.
   28.     Liability that cannot be limited by a scheme
   28A.    Liability in damages not reduced to below relevant limit
   29.     Insurance to be of requisite standard

           Division 3-Effect of schemes

   30.     Limit of occupational liability by schemes
   31.     Limitation of amount of damages
   32.     Effect of scheme on other parties to proceedings
   33.     Proceedings to which a scheme applies
   34.     Duration of scheme
   35.     Notification of limitation of liability

   PART 3-COMPULSORY INSURANCE

   36.     Occupational association may compel its members to insure
   37.     Monitoring claims

   PART 4-RISK MANAGEMENT

   38.     Risk management strategies
   39.     Reporting
   40.     Compliance audits

   PART 5-COMPLAINTS AND DISCIPLINARY MATTERS

   41.     Occupational Associations (Complaints and Discipline) Code

   PART 6-THE PROFESSIONAL STANDARDS COUNCIL

           Division 1-Establishment of the Council

   42.     Establishment of the Council

           Division 2-Membership and procedure of the Council

   43.     Membership of the Council
   44.     Provisions relating to members of the Council
   45.     Provisions relating to procedure of the Council

           Division 3-Functions of the Council

   46.     Functions of Council
   46A.    Co-operation with authorities in other jurisdictions

           Division 4-Miscellaneous

   47.     Requirement to provide information
   48.     Referral of complaints
   49.     Committees of the Council
   50.     Engagement of consultants
   51.     Accountability of the Council
   52.     Professional Standards Council Fund
   52A.    Delegation
   52B.    Council may enter into agreements

   PART 7-MISCELLANEOUS

   53.     Characterisation of this Act
   54.     No contracting out of this Act
   55.     No limitation on other insurance
   56.     Limitation of Supreme Court jurisdiction
   57.     Regulations
   58.     Review of Act
   59.     Transitional provisions-Justice Legislation (Further Amendment) Act 2006.
   60.     Transitional provisions-Professional Standards
           Amendment Act 2007.
   61.     Expiry date of existing schemes-Professional Standards
           and Legal Profession Acts Amendment Act 2008.
           __________________
           SCHEDULE 1-Model Code
           1. Citation
           2. Definitions
           3. What actions may be the subject of a complaint?
           4. Who may make a complaint?
           5. How is a complaint made?
           6. What happens after a complaint is made?
           7. What action may be taken after a hearing into a complaint?
           8. Notices of decisions
           9. What rights of representation do parties to a complaint have?
           10. How may the functions of the occupational association under
           this Code be exercised?
           11. Immunity
           SCHEDULE 2-Provisions Relating to Members of the Council
           1. Chairperson and Deputy Chairperson of the Council
           2. Deputies of members
           3. Term of office
           4. Allowances
           5. Vacancy in office of member
           6. Filling of vacancy in office of member
           7. Effect of certain other Acts
           8. Immunity
           SCHEDULE 3-Provisions Relating to Procedure of the Council
           1. General procedure
           2. Quorum
           3. Presiding member
           4. Voting
           5. First meeting
           SCHEDULE 4-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details
           INDEX