Professional Standards Act 2004 (SA)

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 1 Short title 3 Objects of Act 4 Interpretation 5 Application of Act 6 Relationship of this Act to other laws 7 Act binds Crown Part 2—Limitation of liability Division 1—Making, amendment and revocation of schemes 8 Preparation and approval of schemes 9 Public notification of schemes 10 Making of comments and submissions concerning schemes 11 Consideration of comments, submissions and other matters 12 Public hearings 13 Submission of approved schemes for gazettal 14 Gazettal, tabling and disallowance of schemes 15 Commencement of schemes 16 Challenges to schemes 17 Review of schemes 18 Amendment and revocation of schemes 18A Notification of revocation of schemes 18B Termination of operation of interstate schemes in this jurisdiction Division 2—Contents of schemes 19 Persons to whom scheme applies 20 Officers or partners of persons to whom a scheme applies 21 Employees of persons to whom a scheme applies 22 Other persons to whom a scheme applies 23 Limitation of liability by insurance arrangements 24 Limitation of liability by reference to amount of business assets 25 Limitation of liability by multiple of charges 26 Specification of different limits of liability 27 Combination of provisions under sections 23, 24 and 25 28 Amount below which liability cannot be limited 28A Liability in damages not reduced to below relevant limit 29 Insurance to be of requisite standard Division 3—Effect of schemes 30 Limit of occupational liability by schemes 31 Limitation of amount of damages 32 Effect of scheme on other parties to proceedings 33 Proceedings to which a scheme applies 34 Duration of scheme 35 Notification of limitation of liability Part 3—Compulsory insurance 36 Occupational association may compel its members to insure 37 Monitoring claims Part 4—Risk management 38 Risk management strategies 39 Reporting 40 Compliance audits Part 5—Complaints and disciplinary matters 41 Complaints and discipline code Part 6—The Professional Standards Council Division 1—Establishment of Council 42 Establishment of Council Division 2—Membership and procedure of Council 43 Membership of Council 44 Provisions relating to members of Council 45 Provisions relating to procedure of Council Division 3—Functions of Council 46 Functions of Council 46A Cooperation with authorities in other jurisdictions Division 4—Miscellaneous 47 Requirement to provide information 48 Referral of complaints 49 Committees of Council 50 Engagement of consultants 51 Accountability of Council 52 Professional Standards Council Fund Part 7—Miscellaneous 53 Characterisation of Act 54 No contracting out of Act 55 No limitation on other insurance 56 Minister's power of delegation 57 Regulations 58 Review of Act Schedule 1—Model code 1 Citation 2 Definitions 3 What actions may be the subject of a complaint? 4 Who may make a complaint? 5 How is a complaint made? 6 What happens after a complaint is made? 7 What action may be taken after a hearing into a complaint? 8 Notices of decisions 9 What rights of representation do parties to a complaint have? 10 How may the functions of the occupational association under this Code be exercised? 11 Immunity Schedule 2—Provisions relating to members of Council 1 Chairperson and Deputy Chairperson of Council 2 Deputies of members 3 Term of office 4 Allowances 5 Vacancy in office of member 6 Filling of vacancy in office of member Schedule 3—Provisions relating to the procedure of the Council 1 General procedure 2 Quorum 3 Presiding member 4 Voting 5 First meeting Schedule 4—Validation of certain schemes etc 1 Interpretation 2 Validation of schemes etc 3 Regulations Legislative history