Version No. 015
Professional Standards Act 2003
No. 100 of 2003
Version incorporating amendments as at
1 July 2020
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Objects of this Act
4Definitions
5Does this Act apply to all types of occupational liability?
6Relationship of this Act to other laws
7Act binds the Crown
Part 2—Limitation of liability
Division 1—Making, amendment and revocation of schemes
8Preparation and approval of schemes
9Public notification of schemes
10Making of comments and submissions concerning schemes
11Consideration of comments, submissions and other matters
12Public hearings
13Submission of schemes to Minister
14Gazettal, tabling and disallowance of schemes
15Commencement of schemes
16Challenges to schemes
17Review of schemes
18Amendment and revocation of Victorian schemes
18ANotification of revocation of schemes
18BTermination of operation of interstate schemes in this jurisdiction
Division 2—Contents of schemes
19Persons to whom scheme applies
20Officers or partners of persons to whom a scheme applies
21Employees of persons to whom a scheme applies
22Other persons to whom a scheme applies
23Limitation of liability by insurance arrangements
24Limitation of liability by reference to amount of business assets
25Limitation of liability by multiple of charges
26Specification of different limits of liability
27Combination of provisions under sections 23, 24 and 25
28Liability that cannot be limited by a scheme
28ALiability in damages not reduced to below relevant limit
29Insurance to be of requisite standard
Division 3—Effect of schemes
30Limit of occupational liability by schemes
31Limitation of amount of damages
32Effect of scheme on other parties to proceedings
33Proceedings to which a scheme applies
34Duration of scheme
35Notification of limitation of liability
Part 3—Compulsory insurance
36Occupational association may compel its members to insure
37Monitoring claims
Part 4—Risk management
38Risk management strategies
39Reporting
40Compliance audits
Part 5—Complaints and disciplinary matters
41Occupational Associations (Complaints and Discipline) Code
Part 6—The Professional Standards Council
Division 1—Establishment of the Council
42Establishment of the Council
Division 2—Membership and procedure of the Council
43Membership of the Council
44Provisions relating to members of the Council
45Provisions relating to procedure of the Council
Division 3—Functions of the Council
46Functions of Council
46ACo-operation with authorities in other jurisdictions
Division 4—Miscellaneous
47Requirement to provide information
48Referral of complaints
49Committees of the Council
50Engagement of consultants
51Accountability of the Council
52Professional Standards Council Fund
52ADelegation
52BCouncil may enter into agreements
Part 7—Miscellaneous
53Characterisation of this Act
54No contracting out of this Act
55No limitation on other insurance
56Limitation of Supreme Court jurisdiction
57Regulations
58Review of Act
59Transitional provisions—Justice Legislation (Further Amendment) Act 2006
60Transitional provisions—Professional Standards Amendment Act 2007
61Expiry date of existing schemes—Professional Standards and Legal Profession Acts Amendment Act 2008
Schedules
Schedule 1––Model Code
Schedule 2––Provisions relating to members of the Council
Schedule 3––Provisions relating to procedure of the Council
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 015
Professional Standards Act 2003
No. 100 of 2003
Version incorporating amendments as at
1 July 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of…