Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Board may,
with the approval of the Governor, make regulations under section 26
concerning indemnity against loss arising from claims in respect of any
description of civil liability incurred by —
(a) a
licensed surveyor or former licensed surveyor in connection with the practice
of the licensed surveyor or former licensed surveyor;
(b) an
employee or former employee of a licensed surveyor or former licensed surveyor
in connection with the practice of the licensed surveyor or former licensed
surveyor; or
(c) a
licensed surveyor or former licensed surveyor in the course of practising as a
licensed surveyor.
(2) For the purpose of
providing the indemnity referred to in subsection (1), regulations
referred to in that subsection may —
(a)
authorise or require the Institute to make arrangements with one or more
insurers for the provision to licensed surveyors and former licensed surveyors
of professional indemnity insurance and may authorise the Institute to do such
acts and things as may be necessary or expedient for giving effect to those
arrangements; and
(b)
require licensed surveyors or former licensed surveyors, or any prescribed
category of licensed surveyor or former licensed surveyor, to take out and
maintain professional indemnity insurance in accordance
with —
(i)
the requirements of those regulations; and
(ii)
the arrangements made under those regulations or a scheme
or policy of insurance approved by or under those regulations.
(3) Without limiting
the generality of subsections (1) and (2), regulations referred to in
subsection (1) may —
(a)
specify the terms and conditions on and subject to which professional
indemnity insurance is to be provided, including the amounts of insurance
cover to be taken out and maintained by —
(i)
licensed surveyors or former licensed surveyors; or
(ii)
prescribed categories of licensed surveyor or former
licensed surveyor,
and the periods during
which that insurance cover is to be maintained;
(b)
specify classes or categories of licensed surveyor or practice to which
different provisions or obligations under those regulations may apply;
[(c) deleted]
(d)
empower the Board to refuse to renew a practising certificate except to a
licensed surveyor who —
(i)
satisfies the Board that the licensed surveyor holds a
valid current certificate of insurance for the category of practice in which
the licensed surveyor intends to engage; or
(ii)
is exempt under those regulations;
(e)
empower the Board to suspend the licence of a licensed surveyor until the
licensed surveyor —
(i)
satisfies the Board that the licensed surveyor holds a
valid current certificate of insurance for the category of practice in which
the licensed surveyor intends to engage; or
(ii)
is exempt under those regulations;
(f)
specify circumstances in which licensed surveyors or former licensed surveyors
are exempt from those regulations or empower the Board to exempt any licensed
surveyor or former licensed surveyor or class of licensed surveyor or former
licensed surveyor in whole or in part from any provision of those regulations
either for a specified or indefinite period or subject to any condition which
may be imposed by the Board;
(g)
empower the Board to vary or revoke any exemption made by the Board under
those regulations;
(h)
empower the Board to take such steps as it considers necessary or expedient to
ascertain whether or not those regulations are being complied with; and
(i)
contain incidental, procedural and supplementary
provisions.
[Section 26A inserted by No. 79 of 1996
s. 26; amended by No. 70 of 2003 s. 41.]