Professional Standards Act 1994 (NSW)

Professional Standards Act 1994 No 81

An Act 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.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Professional Standards Act 1994.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

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, (b) to facilitate the improvement of occupational standards of professionals and others, (c) to protect the consumers of the services provided by professionals and others, (d) to constitute the Professional Standards Council to supervise the preparation and application of schemes and to assist in the improvement of occupational standards and protection of consumers.

4 Definitions (1) In this Act: another jurisdiction means any State or Territory, other than this jurisdiction. appropriate Council, in relation to another jurisdiction, means the authority that, under the corresponding law of that jurisdiction, has functions that are substantially the same as the Council's functions under 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. corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the regulations to be a corresponding law of that jurisdiction for the purposes of this Act. costs includes fees, charges, disbursements and expenses. Council means the Professional Standards Council constituted by this Act. court includes an arbitrator. damages means: (a) damages awarded in respect of a claim or counter-claim or claim by way of set-off, and (b) costs in or in relation to the proceedings ordered to be paid in connection with such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant), and (c) any interest payable on the amount of those damages or costs. exercise of a function includes, where the function is a duty, the performance of the duty. function includes a power, authority and duty. interstate scheme means a scheme: (a) that has been prepared under the corresponding law of another jurisdiction, and (b) that operates, or indicates an intention to operate, as a scheme of this jurisdiction. 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 or related occupational groups, and (b) the membership of which is limited principally to members of that occupational group or those occupational groups. 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 by a member of an occupational association acting in the performance of his or her occupation. scheme means a scheme for limiting the occupational liability of members of an occupational association, and includes an interstate scheme. this jurisdiction means New South Wales.