Professional Standards Amendment Act 1998 (NSW)
New South Wales
Professional Standards Amendment
Act 1998 No 10
Contents
Page
| 1 | N am e of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Professional Standards Act 1994 | |
| No 8 1 | 2 |
| Schedule 1 | Amendments | 3 |
New South Wales
Professional Standards Amendment
Act 1998 No 10
Act No 10, 1998
An Act to amend the Professional Standards Act 1994 with respect to claims, the review of schemes and other matters. [Assented to 12 May 1998]
| Section 1 | Professional Standards Amendment Act 1998 No 10 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Professional Standards Amendment Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Professional Standards Act 1994 No 81
The Professional Standards Act 1994 is amended as set out in
Schedule 1.
Professional Standards Amendment Act 1998 No 10
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3 )
[1] Section 14
Omit the section. Insert instead:
14 Commencement of schem es
| (1 ) | A scheme published in the Gazette with the authorisation of the Minister commences: | |||
| ||||
| (2) | This section is subject to any order of the Supreme Court under section 15 (2). |
[2] Sections 16 and 16A
Omit section 16. Insert instead:
16 Review of schem es
| (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. |
16A Amendment and revocation of schem es
| (1) | An occupational association may prepare an amendment to or revocation of a scheme that relates to its members. |
Professional Standards Amendment Act 1998 No 10
| Schedule 1 | Amendments |
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.
The Minister may direct the Council to prepare an amendment to or revocation of a scheme.
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.
| (5) | The provisions of sections 7-15 apply, with any necessary modifications, to the amendment or revocation of a scheme as well as to the making of a scheme. |
[3] Sections 21, 22 (b) (i) and 23 (1 )
Insert “the benefit o f " before “an insurance policy” wherever occurring.
[4] Sections 21 (b), 22 and 23 (1)(a) (ii)
Omit “the cause of action arose” wherever occurring. occurred”.
[5 ] Section 26 Liability that cannot be limited by a schem e
| Insert “and specified in the scheme” after "Council"in section 26 (1). |
[6] Section 26 (3)
Omit the subsection. Insert instead:
| (3) | A Council determination: | |||
|
Professional Standards Amendment Act 1998 No 10
| Amendments | Schedule 1 |
[7 ] Section 28
Omit the section. Insert instead:
28 Limit of occupational liability by schem es
| (1 ) | To the extent provided by this Act and the terms 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 applies during that period. |
| (2) | The applicable limitation of liability is the limitation specified by the scheme as in force at the time of the relevant act or omission. |
| (3) | 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 arises or proceedings are instituted in respect of it, and even if the scheme has been amended or has, in accordance with section 32, ceased to be in force. |
| (4) | A person to whom a scheme applies cannot choose not to be subject to the scheme. |
[8] Section 32
Omit the section. Insert instead:
32 Duration of schem e
| (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: | |||||
|
Professional Standards Amendment Act 1998 No 10
| Schedule 1 | Amendments |
| (2) | The Minister may, by notice published in the 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 subsection (2) in respect of any particular scheme, and the maximum period of such an extension is 12 months. |
Section 33 Notification of limitation of liability
Section 33 (1)
Omit “ , business cards".
Section 33 (5)
Insert after section 33 (4):
| (5) | In this section, a reference to a document does not include a reference to a business card. |
Section 43 Functions of Council
Omit section 43 (1) (a) (i). Insert instead:
(i) the publication in the 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,
Section 43 ( 1 ) (j)
Insert after section 43 (1) (i):
| (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. |
Professional Standards Amendment Act 1998 No 10
| Amendments | Schedule 1 |
[13] Section 43 (5)
Insert after section 43 (4):
| (5) | The Council is taken to have locus standi for the purpose of pursuing any injunctive or other relief in accordance with subsection (1 ) (i), and is not to be required to give any undertaking as to damages in connection with the grant of any interlocutory relief. |
[14] Section 44 Requirement to provide information
revocation of a scheme,”.
| Section 44 (1 ) Omit “under section 7 to a scheme”. |
[15] Section 44A
Insert after section 4.4:
44A 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 33 or an offence against the regulations. |
| (2) | 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. |
[16] Section 53 Regulations
Omit section 53 (2) (a). Insert instead:
| (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, |
Professional Standards Amendment Act 1998 No 10
| Schedule 1 | Amendments |
Section 56
Insert after section 55:
56 Savings, transitional and other provisions
Schedule 4 has effect.
Schedule 1 C omplaints and disciplinary matters
Omit “the person” from clause 11 of Schedule 1. the person so acting”.
Schedule 4
Insert after Schedule 3:
| Schedule 4 | Savings, transitional and other provisions |
(Section 56)
| Part 1 | M iscellaneous |
1 Regulations
|
Professional Standards Amendment Act 1998
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or |
Professional Standards Amendment Act 1998 No 10
| Amendments | Schedule 1 |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
| Part 2 | Professional Standards Amendment Act 1998 |
2 Definition
In this Part, the amending Act means the Professional
Standards Amendment Act 1998.
3 Review of schem es
The provisions of section 16, as inserted by the amending Act, extend to apply in respect of schemes in force at the commencement of the section, as so inserted.
4 Limitation of damages in respect of subsisting causes
of action
| (1) | Sections 21, 22 and 23, as in force immediately before the day on which amendments made to them by the amending Act took effect, continue to apply in respect of any cause of action that arose before that day as if those amendments had not been made, except as provided by subclause (2). |
| (2) | The amendments made to sections 21, 22 and 23 by Schedule 1 [3] to the amending Act apply in relation to a cause of action arising before, as well as after, those amendments took effect. |
| (3) | Sections 28 and 32, as in force immediately before their repeal by the amending Act, continue to apply in respect of a cause of action arising from anything done or omitted before their repeal. |
5 Determination of extent of limitation of damages
The amendments made by the amending Act to section 26 do not apply in respect of a determination made under that section before those amendments took effect.
Professional Standards Amendment Act 1998 No 10
| Schedule 1 | Amendments |
6 Fees payable on applications for approval of
amendment to or revocation of schem e
For avoidance of doubt, section 53, as in force immediately before the amendment made to that section by the amending Act, is taken always to have empowered the prescription by regulation of any fee that might be prescribed under that section as in force after the amendment took effect.
[Second reading-
Minister's speech made in Legislative Council on 1 April 1998
Minister's motion moved in Legislative Assembly on 6 May 1998]
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