PROFESSIONAL STANDARDS ACT 1997 - SECT 12
PROFESSIONAL STANDARDS ACT 1997 - SECT 12
12 . Functions of Council
(1) The functions of
the Council are —
(a) to
give advice to the Minister concerning —
(i)
the publication in the Gazette of a scheme, or of an
amendment to a scheme, submitted to the Minister, or of notice of the
revocation of a scheme;
(ii)
the operation of this Act; and
(iii)
any other matter relating to the occupational liability
of members of occupational associations;
(b) to
give advice to occupational associations concerning policies of insurance for
the purposes of Part 3;
(c) to
encourage and assist in the improvement of occupational standards of members
of occupational associations;
(d) to
encourage and assist in the development of self-regulation of occupational
associations, including the giving of advice and assistance concerning —
(i)
codes of ethics;
(ii)
codes of practice;
(iii)
quality management;
(iv)
risk management;
(v)
resolution of complaints by clients;
(vi)
voluntary mediation services;
(vii)
membership requirements;
(viii)
discipline of members; and
(ix)
continuing occupational education;
(e) to
monitor the occupational standards of persons to whom this Act applies;
(f) to
monitor the compliance by occupational associations with their risk management
strategies;
(g) to
publish advice and information concerning the matters referred to in this
section;
(h) to
conduct forums on issues of interest to members of occupational groups;
(i)
to collect, analyse and provide the Minister with
information on issues and policies concerning the standards of occupational
groups; and
(j) to
institute proceedings in its own name for —
(i)
the prosecution of; or
(ii)
injunctive or other relief in respect of,
an offence against
this Act that comes to its notice.
(2) The Council is not
empowered to give advice concerning occupational standards contained in any
written law other than this Act.
(3) Any advice given
to the Minister by the Council 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 under this Act or any
other Act or law.
(5) The Council is
taken to have locus standi for the purpose of pursuing any injunctive or other
relief under subsection (1)(j), and is not to be required to give any
undertaking as to damages in connection with the grant of any interlocutory
relief.
[Section 12 amended: No. 25 of 2004 s. 5; No. 3 of
2010 s. 11.]