Professional Standards Act 1997 (WA)

Western Australia Professional Standards Act 1997 Western Australia Professional Standards Act 1997 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Objects of this Act 2 4. Terms used 2 5. Matters to which Act does not apply 4 6. Relationship between this Act and other written laws 5 7. Crown bound 5 Part 2 — Professional Standards Council Division 1 — Establishment of the Council 8. Council established 6 Division 2 — Membership and procedure of the Council 9. Membership of Council 6 10. Provisions relating to members of Council 6 11. Provisions relating to procedure of Council 6 Division 3 — Functions of the Council 12. Functions of Council 6 12A. Cooperation with authorities in other jurisdictions 8 13. Requirement to supply information 9 13A. Referral of complaints 9 14. Committees of Council 10 Division 4 — Administrative provisions 15. Use of outside staff and facilities 10 16. Funds 10 17. Application of Financial Management Act 2006 and Auditor General Act 2006 11 18. Minister to have access to information 12 19. Minister may give directions 12 Part 3 — Limitation of liability Division 1 — Making, amending and revoking schemes 20. Preparation and approval 14 21. Notifying the public 14 22. Public comments and submissions 15 23. Matters to be considered by Council before approval 15 24. Public hearings 16 25. Council may submit approved schemes to Minister 16 26. Minister may gazette schemes 16 27. Commencement of schemes 17 28. Challenges to schemes 17 29. Review of schemes 18 29A. Amendment and revocation of schemes 19 30A. Notification of revocation of schemes 20 30B. Termination of operation of interstate schemes in this jurisdiction 20 Division 2 — Contents of schemes 30. Persons to whom scheme applies 21 31. Officers or partners of persons to whom scheme applies 21 32. Employees of persons to whom scheme applies 22 33. Other persons to whom scheme applies 22 34A. Extension of liability limitation to other persons to whom scheme applies 22 34. Limitation of liability by insurance arrangements 24 35. Limitation of liability by reference to amounts of business assets 24 36. Limitation of liability by multiple of charges 25 37. Specification of limits of liability and multiples 26 38. Combination of provisions under s. 34, 35 and 36 27 39. Liability that cannot be limited by schemes 27 40A. Liability in damages not reduced to below relevant limit 28 40. Insurance to be of requisite standard 28 Division 3 — Effect of schemes 41. Limit of occupational liability by schemes 28 42. Limitation of amount of damages 29 43. Effect of schemes on other parties to proceedings 30 44. Proceedings to which schemes apply 30 44A. Duration of schemes 30 45. Notification of limitation of liability 31 Part 4 — Compulsory insurance 46. Occupational associations may compel their members to insure 33 47. Monitoring claims 33 Part 5 — Risk management 48. Risk management strategies 34 49. Reporting 34 Part 6 — Complaints and disciplinary matters 50. Occupational Associations (Complaints and Discipline) Code 35 Part 7 — Miscellaneous 51. Characterisation of this Act 36 52. No contracting out of this Act 36 53. No limitation on other insurance 36 54. Offences to be dealt with by magistrate 36 55. Regulations 36 56. Rules of court 37 57. Review of Act 37 58. Savings, transitional and other provisions 38 Schedule 1 — Provisions relating to members of the Council 1. Chairperson and deputy chairperson of Council 39 2. Deputies of members 39 3. Term of office 40 4. Remuneration and allowances 40 5. Vacancy in office of member 40 6. Filling of vacancy in office of member 41 7. Member not to be public service officer 41 8. Personal liability of members 41 Schedule 2 — Provisions relating to procedure of the Council 1. General procedure 42 2. Quorum 42 3. Presiding member 42 4. First meeting 42 Schedule 3 — Model Code 1. Citation 43 2. Term used: Council 43 3. Actions that may be the subject of complaint 43 4. Who can make complaint 43 5. How complaint is made 43 6. What happens after complaint is made 43 7. What action may be taken after a hearing into complaint 44 8. Notices of decisions 44 9. Rights of representation of parties to complaint 45 10. How occupational association performs functions under this Code 45 11. Protection from liability 45 Schedule 4 — Savings, transitional and other provisions Division 1 — Provisions relating to the Professional Standards Amendment Act 2004 1. Terms used 46 2. Review of schemes 46 3. Limitation of damages in respect of subsisting causes of action 46 4. Determination of extent of limitation of damages 47 5. Fees for applications for approval of amendment to or revocation of scheme 47 6. Regulations for savings or transitional purposes 47 Division 2 — Provisions relating to the Professional Standards Amendment Act 2010 7. Terms used 48 8. Personal injury claims 48 9. Application of schemes to officers, partners, employees and associates 48 10. Associated defendants 48 11. Expiry date of existing schemes 48 12. Application of clause 6 49 Notes Compilation table 50 Western Australia Professional Standards Act 1997 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.