Professional Standards Act 2003

Victorian Legislation and Parliamentary Documents i Professional Standards Act 2003 Act No. 100/2003 TABLE OF PROVISIONS Section 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 -- 1 of 53 -- Victorian Legislation and Parliamentary Documents Section Page ii Division 3—Effect of Schemes 18 30. Limit of occupational liability by schemes 18 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 -- 2 of 53 -- Victorian Legislation and Parliamentary Documents Section Page iii PART 7—MISCELLANEOUS 36 53. Characterisation of this Act 36 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 -- 3 of 53 -- Victorian Legislation and Parliamentary Documents 1 Professional Standards Act 2003† [Assented to 2 December 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 members of occupational associations in certain circumstances; and (b) to facilitate improvement in the standards of services provided by those members. Victoria No. 100 of 2003 -- 4 of 53 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Professional Standards Act 2003 Act No. 100/2003 2 2. Commencement This Act comes into operation on a day or days to 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 (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 Council to supervise the preparation and approval of schemes and to assist in the improvement of occupational standards and protection of consumers. 4. Definitions 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 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 a claim or counter-claim or by way of set- off, and includes— (a) interest payable in respect of an amount awarded as damages; and s. 2 -- 5 of 53 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Professional Standards Act 2003 Act No. 100/2003 3 (b) legal costs and expenses ordered to be paid in connection with an award of 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 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 (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 occupational group; and (b) the membership of which is limited principally to members of that occupational group; "occupational group" includes a professional 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 occupational association acting in the performance of his or her occupation; "partner" has the same meaning as in the Partnership Act 1958; s. 4 -- 6 of 53 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Professional Standards Act 2003 Act No. 100/2003 4 "scheme" means a scheme for limiting the occupational liability of members of an occupational association; "statutory rule" has the same meaning as in the 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— (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; (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 (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 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, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. s. 5 -- 7 of 53 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Professional Standards Act 2003 Act No. 100/2003 5 (2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence. __________________ s. 7 -- 8 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 6 PART 2—LIMITATION OF LIABILITY Division 1—Making, Amendment and Revocation of Schemes 8. Preparation and approval of schemes (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 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 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 (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 (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 or within such further time as the Council may allow. s. 8 -- 9 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 7 11. Consideration of comments, submissions and other matters Before approving a scheme, the Council must consider the following— (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 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 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 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 scheme for the making and determination of complaints and the imposition and enforcement of disciplinary measures against members of the occupational association concerned. 12. Public hearings (1) The Council may conduct a public hearing concerning a scheme if the Council thinks it appropriate. s. 11 -- 10 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 8 (2) A public hearing may be conducted in such manner as the Council determines. 13. Submission of schemes to Minister (1) The Council may submit a scheme approved by it 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 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. 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. (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 (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 reference to a contravention of any of the provisions of this Act. s. 13 -- 11 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 9 15. Commencement of schemes (1) A scheme published in the Government Gazette with the authorisation of the Minister commences— (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. (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 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 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 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 this section, may commence; or (d) make any other order it thinks fit. s. 15 -- 12 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 10 17. Review of schemes (1) The Minister may direct the Council to review the operation of a scheme. (2) The Council must comply with any such direction 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 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 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. 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 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. (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. s. 17 -- 13 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 11 (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 a scheme. 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 (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. (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 (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. 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. s. 19 -- 14 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 12 (2) If a scheme applies to a person, the scheme also applies to each partner of the person. (3) However, if an officer of a body corporate or a partner of a person is entitled to be a member of 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 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, 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 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. 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. s. 21 -- 15 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 13 23. Limitation of liability by insurance arrangements 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 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 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 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— 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 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 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 at which the act or omission giving rise to the cause of action occurred; or s. 23 -- 16 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 14 (b) that— (i) the person has business assets and the benefit of an insurance policy that insures the person against that 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 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 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 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 (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 insurance policy— (i) that insures the person against that occupational liability; and (ii) under which the amount payable in respect of the occupational liability relating to the cause of action (including any amount payable by the s. 25 -- 17 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 15 person by way of excess under or in relation to the policy) is not less than an amount (the limitation amount), being a reasonable charge for the services 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 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 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 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 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 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 the purposes of the scheme that is higher than the limitation amount, above the amount of the minimum cap so specified. s. 25 -- 18 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 16 (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 amount actually charged and to— (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 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 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— (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 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 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. s. 26 -- 19 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 17 27. Combination of provisions under sections 23, 24 and 25 If, in a scheme, provisions of the kind referred to in section 25 and provisions of the kind referred to 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 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 (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 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 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. s. 27 -- 20 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 18 29. Insurance to be of requisite standard (1) For the purposes of a scheme, an insurance policy must be a policy, or a policy of a kind, which complies with standards determined by the 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 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 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 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 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 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— s. 29 -- 21 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 19 (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 (b) otherwise inform the client, whether orally or 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 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. (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 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 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 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. s. 31 -- 22 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 20 (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 claim for the purposes of this Act. (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. (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 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 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 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 determined by the Council unless, before the end of the period so determined— (a) it is revoked; or s. 32 -- 23 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 21 (b) its operation is extended by notice under this section; or (c) its operation ceases because of the operation of another Act. (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. (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 (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 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 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- section (1) if the statement carried on the person's documents is in the prescribed form. s. 35 -- 24 of 53 -- Victorian Legislation and Parliamentary Documents Part 2—Limitation of Liability Professional Standards Act 2003 Act No. 100/2003 22 (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 given, or caused to be given, to any client or prospective client who requests a copy. Penalty: 50 penalty units. __________________ s. 35 -- 25 of 53 -- Victorian Legislation and Parliamentary Documents Part 3—Compulsory Insurance Professional Standards Act 2003 Act No. 100/2003 23 PART 3—COMPULSORY INSURANCE 36. Occupational association may compel its members to insure (1) An occupational association may require its 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 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. 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 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 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. s. 36 -- 26 of 53 -- Victorian Legislation and Parliamentary Documents Part 3—Compulsory Insurance Professional Standards Act 2003 Act No. 100/2003 24 (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 its function. __________________ s. 37 -- 27 of 53 -- Victorian Legislation and Parliamentary Documents Part 4—Risk Management Professional Standards Act 2003 Act No. 100/2003 25 PART 4—RISK MANAGEMENT 38. Risk management strategies (1) If an occupational association seeks the approval of the Council under section 8 to a scheme, it must 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 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 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 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 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 it (whether solely or jointly with another association or 2 or more other associations) under section 37. s. 38 -- 28 of 53 -- Victorian Legislation and Parliamentary Documents Part 4—Risk Management Professional Standards Act 2003 Act No. 100/2003 26 (4) The occupational association's annual report is to be incorporated into the Council's annual report in such form as the Council determines. 40. Compliance audits (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— (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 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 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 of a report of the audit to the Council. __________________ s. 40 -- 29 of 53 -- Victorian Legislation and Parliamentary Documents Part 5—Complaints and Disciplinary Matters Professional Standards Act 2003 Act No. 100/2003 27 PART 5—COMPLAINTS AND DISCIPLINARY MATTERS 41. Occupational Associations (Complaints and Discipline) Code (1) A scheme may adopt the provisions of the Model 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 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 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 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; (f) the verification of complaints by statutory declaration; (g) the suspension of members from membership or from practice; (h) the imposition of fines; (i) the making of appeals; s. 41 -- 30 of 53 -- Victorian Legislation and Parliamentary Documents Part 5—Complaints and Disciplinary Matters Professional Standards Act 2003 Act No. 100/2003 28 (j) the exchanging of information with other occupational associations (within or outside Victoria). __________________ s. 41 -- 31 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 29 PART 6—THE PROFESSIONAL STANDARDS COUNCIL Division 1—Establishment of the Council 42. Establishment of the Council (1) The Professional Standards Council is established by this Act. (2) The Council— (a) is a body corporate with perpetual succession; (b) has a common seal; (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. (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 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 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. s. 42 -- 32 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 30 (2) An act or decision of the Council is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of a member; or (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 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 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 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 occupational liability of members of occupational associations; (b) to give advice to occupational associations concerning policies of insurance for the purposes of Part 2; (c) to encourage and assist in the improvement of occupational standards of members of occupational associations; s. 44 -- 33 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 31 (d) to encourage and assist in the development of self-regulation of occupational associations, including the giving of advice and assistance concerning the following— (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; (ix) continuing occupational education; (e) to monitor the occupational standards of 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 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 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 or the regulations that comes to its notice or for injunctive or other relief in respect of such offences. s. 46 -- 34 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 32 (2) The Council is not empowered to give advice concerning occupational standards contained in any other Act or statutory rule. (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 by or under this or any other Act. (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 relief. Division 4—Miscellaneous 47. Requirement to provide information (1) The Council may, by notice in writing, require an occupational association— (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— 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. Penalty: 5 penalty units. s. 47 -- 35 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 33 48. Referral of complaints (1) An occupational association may refer to the Council any complaint or other evidence received by it that a member or former member of the 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 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. (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 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. (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 determination of the Council) by the committee. s. 48 -- 36 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 34 50. Engagement of consultants The Council, or a committee established under section 49, may engage as consultants to it persons with suitable qualifications and experience either in an honorary capacity or for remuneration. 51. Accountability of the Council (1) The Council must exercise its functions subject to— (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 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 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 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. (2) There must be paid into the Fund— (a) any money appropriated by the Parliament for the purposes of the Fund; and s. 50 -- 37 of 53 -- Victorian Legislation and Parliamentary Documents Part 6—The Professional Standards Council Professional Standards Act 2003 Act No. 100/2003 35 (b) any fees paid to the Council under this Act; and (c) any other money lawfully received by, made available to, or paid to, the Council. (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. __________________ s. 52 -- 38 of 53 -- Victorian Legislation and Parliamentary Documents Part 7—Miscellaneous Professional Standards Act 2003 Act No. 100/2003 36 PART 7—MISCELLANEOUS 53. Characterisation of this Act The provisions of this Act are to be regarded as part of the substantive law of the State. 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 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 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 (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. (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 a scheme; and s. 53 -- 39 of 53 -- Victorian Legislation and Parliamentary Documents Part 7—Miscellaneous Professional Standards Act 2003 Act No. 100/2003 37 (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. (3) A regulation may create an offence punishable by 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 (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 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. __________________ s. 58 -- 40 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 38 SCHEDULES SCHEDULE 1 MODEL CODE (Section 41) 1. Citation This Code may be cited as the Occupational Associations (Complaints and Discipline) Code. 2. Definitions In this Code— "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 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? 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 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? (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. Sch. 1 -- 41 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 39 (2) The occupational association may then do any one or more of the following— (a) it may require the complainant to provide further particulars of the complaint; (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, 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? (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; (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 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 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 substantiated, it must dismiss the complaint. (3) The occupational association is not entitled to make an award of compensation. Sch. 1 -- 42 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 40 8. Notices of decisions (1) Within 30 days after a decision is made by an occupational association concerning a complaint, the complainant and the person against whom the complaint is made must be given a 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 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? 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. 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 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 sub-clause (1), would attach to a person attaches instead to the occupational association. __________________ Sch. 1 -- 43 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 41 SCHEDULE 2 PROVISIONS RELATING TO MEMBERS OF THE COUNCIL (Section 44) 1. Chairperson and Deputy Chairperson of the Council (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. (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 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. 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— (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) 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. Sch. 2 -- 44 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 42 3. Term of office Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment, but is eligible (if 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. 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 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— (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 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 (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. (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. Sch. 2 -- 45 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 43 7. Effect of certain other Acts (1) The Public Sector Management and Employment Act 1998 does not apply to a member in respect of the office of member. (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 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. (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 (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 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 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 sub-clause (1), would attach to a person attaches instead to the Council. __________________ Sch. 2 -- 46 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 44 SCHEDULE 3 PROVISIONS RELATING TO PROCEDURE OF THE COUNCIL (Section 45) 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. 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 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 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 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. __________________ Sch. 3 -- 47 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 45 SCHEDULE 4 INTERIM PROVISIONS PART 1—FEES AND CHARGES (Section 57(4)) 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 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 (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— 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 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. 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 classes of persons within the association) is $35 for each Sch. 4 -- 48 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 46 person to whom the scheme applies who is a member of the association at any time during the relevant annual fee period. 4. Payment of annual fee (1) The annual fee must be paid not later than at the end of the 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 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 is due, simple interest at the rate of 0⋅05% 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 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; (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 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 measurement of Times New Roman typeface in 8 point. ═══════════════ Sch. 4 -- 49 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 47 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 October 2003 Legislative Council: 19 November 2003 The long title for the Bill for this Act was "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." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 16 October 2003 Legislative Council: 19 November 2003 Absolute majorities: Legislative Assembly: 6 November 2003 Legislative Council: 25 November 2003 Endnotes -- 50 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 48 INDEX Subject Section Actapplication 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 Associated persons 22, 31 Bodies corporate 20, 31 Business assets 4, 24–25 Complaints 41, 48, Sch. 1 Council See Professional Standards Council Damages (def.) 4 See also Occupational liability Definitions 4, 20, Sch. 1, Sch. 4 Disciplinary measures 41, Sch. 1 Employees 21, 31 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 Model Code 41, Sch. 1 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 38–40 schemes 8, 18 Occupational groups (def.) 4 -- 51 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 49 Subject Section Occupational liability application of Act to 5 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 Offences and penalties 35, 47, 57 Partners 4, 20, 31 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 8–13, 17, 18, 34 Fund 52 membership 43–44, Sch. 2 procedure 45, Sch. 3 proceedings brought by 46 referral of complaints, evidence of offences to 48 Regulations 35, 57, Sch. 4 Risk management 38–40 Schemes amendment 18 application of Act to persons subject to 54 application of Subordinate Legislation Act 1994 to 13–14 approval 8 cessation by operation of another Act 34 -- 52 of 53 -- Victorian Legislation and Parliamentary Documents Professional Standards Act 2003 Act No. 100/2003 50 Subject Section commencement 15–16 comments on 10–11 copies for clients 35 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 19–22 preparation 8 proceedings to which schemes apply 33 public hearings 12 public notification 9 review 17 revocation 18 submission to Minister 13 submissions regarding 10–11 tabling 14 See also Occupational liability Supreme Court 16, 56 -- 53 of 53 --