South Australia
Professional Standards Act 2004
An Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Objects of Act
4Interpretation
5Application of Act
6Relationship of this Act to other laws
7Act binds 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 approved schemes for gazettal
14Gazettal, tabling and disallowance of schemes
15Commencement of schemes
16Challenges to schemes
17Review of schemes
18Amendment and revocation of 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
28Amount below which liability cannot be limited
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
41Complaints and discipline code
Part 6—The Professional Standards Council
Division 1—Establishment of Council
42Establishment of Council
Division 2—Membership and procedure of Council
43Membership of Council
44Provisions relating to members of Council
45Provisions relating to procedure of Council
Division 3—Functions of Council
46Functions of Council
46ACooperation with authorities in other jurisdictions
Division 4—Miscellaneous
47Requirement to provide information
48Referral of complaints
49Committees of Council
50Engagement of consultants
51Accountability of Council
52Professional Standards Council Fund
Part 7—Miscellaneous
53Characterisation of Act
54No contracting out of Act
55No limitation on other insurance
56Minister's power of delegation
57Regulations
58Review of Act
Schedule 1—Model code
1Citation
2Definitions
3What actions may be the subject of a complaint?
4Who may make a complaint?
5How is a complaint made?
6What happens after a complaint is made?
7What action may be taken after a hearing into a complaint?
8Notices of decisions
9What rights of representation do parties to a complaint have?
10How may the functions of the occupational association under this Code be exercised?
11Immunity
Schedule 2—Provisions relating to members of Council
1Chairperson and Deputy Chairperson of Council
2Deputies of members
3Term of office
4Allowances
5Vacancy in office of member
6Filling of vacancy in office of member
Schedule 3—Provisions relating to the procedure of the Council