Professional Standards Act 2005 (Tas)

Professional Standards Act 2005

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 members of occupational associations and to provide for related matters [Royal Assent 24 June 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Professional Standards Act 2005 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Objects of 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 establish the Professional Standards Council to supervise the preparation and approval of schemes and to assist in the improvement of occupational standards and protection of consumers.

4. Interpretation (1) In this Act, unless the contrary intention appears – 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) a law of another jurisdiction that corresponds to this Act; and (b) a law of another jurisdiction that is prescribed by the regulations to be a corresponding law; costs includes fees, charges, disbursements and expenses; Council means the Professional Standards Council established by this Act; court includes a tribunal and an arbitrator; damages means – (a) damages awarded in respect of a claim or counter-claim or 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 judgement 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 that – (a) has been prepared under a corresponding law; and (b) operates, or indicates an intention to operate, as a scheme of Tasmania; 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 to be done by a member of an occupational association acting in the performance of his or her occupation; partner means a person who has entered into a partnership, within the meaning of the Partnership Act 1891 , with another person; scheme means a scheme for limiting the occupational liability of members of an occupational association, whether prepared under this Act or a corresponding law; subordinate legislation has the same meaning as in the Subordinate Legislation Act 1992 . (2) A reference in this Act to the amount payable under an insurance policy in respect of an occupational liability includes a reference to – (a) defence costs payable in respect of a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if those costs are payable out of the one sum insured under the policy in respect of the occupational liability; and (b) the amount payable under or in relation to the policy by way or excess.