{"id":"nsw:act-1994-081","name":"Professional Standards Act 1994","slug":"professional-standards-act-1994","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"81 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175651,"registerId":"nsw-nsw:act-1994-081-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Professional Standards Act 1994](/view/html/inforce/current/act-1994-081).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n3 Objects of this Act\n\n> The objects of this Act are as follows:\n> \n> > (a) to enable the creation of schemes to limit the civil liability of professionals and others,\n> \n> > (b) to facilitate the improvement of occupational standards of professionals and others,\n> \n> > (c) to protect the consumers of the services provided by professionals and others,\n> \n> > (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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act:\n> > \n> > another jurisdiction means any State or Territory, other than this jurisdiction.\n> > \n> > 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.\n> > \n> > 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.\n> > \n> > 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.\n> > \n> > costs includes fees, charges, disbursements and expenses.\n> > \n> > Council means the Professional Standards Council constituted by this Act.\n> > \n> > court includes an arbitrator.\n> > \n> > damages means:\n> > \n> > > (a) damages awarded in respect of a claim or counter-claim or claim by way of set-off, and\n> > \n> > > (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\n> > \n> > > (c) any interest payable on the amount of those damages or costs.\n> > \n> > exercise of a function includes, where the function is a duty, the performance of the duty.\n> > \n> > function includes a power, authority and duty.\n> > \n> > interstate scheme means a scheme:\n> > \n> > > (a) that has been prepared under the corresponding law of another jurisdiction, and\n> > \n> > > (b) that operates, or indicates an intention to operate, as a scheme of this jurisdiction.\n> > \n> > judgment includes:\n> > \n> > > (a) a judgment given by consent, and\n> > \n> > > (b) an award of an arbitrator.\n> > \n> > occupational association means a body corporate:\n> > \n> > > (a) which represents the interests of persons who are members of the same occupational group or related occupational groups, and\n> > \n> > > (b) the membership of which is limited principally to members of that occupational group or those occupational groups.\n> > \n> > occupational group includes a professional group and a trade group.\n> > \n> > 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.\n> > \n> > scheme means a scheme for limiting the occupational liability of members of an occupational association, and includes an interstate scheme.\n> > \n> > this jurisdiction means New South Wales.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (1A) A reference in this Act to the amount payable under an insurance policy in respect of an occupational liability includes a reference to:\n> > \n> > > (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\n> > \n> > > (b) the amount payable under or in relation to the policy by way of excess.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2004 No 83, Sch 1 \\[1\\]–\\[3\\]; 2006 No 78, Sch 1 \\[1\\]–\\[3\\]; 2007 No 10, Sch 1 \\[1\\] \\[2\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Occupational liability to which Act does not apply","content":"#### 5 Occupational liability to which Act does not apply\n\n5 Occupational liability to which Act does not apply\n\n> > (1) This Act does not apply to liability for damages arising from any of the following:\n> > \n> > > (a) the death of or personal injury to a person,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a breach of trust,\n> > \n> > > (d) fraud or dishonesty.\n> \n> > (2) This Act does not apply to liability which may be the subject of proceedings under Part 13 or 14 of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> > (3) Subsection (1) (a) does not operate to exclude from the operation of this Act liability for damages arising out of any negligence or other fault of an Australian legal practitioner in acting for a client in a personal injury claim.\n> \n> **s 5:** Am 2000 No 28, sec 4; 2004 No 83, Sch 1 \\[4\\] \\[5\\]; 2008 No 62, Sch 3.5.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"#### 6 Act binds the Crown\n\n6 Act binds the Crown\n\n> This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Limitation of liability","content":"# Part 2 Limitation of liability\n\nPart 2 Limitation of liability","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Making, amendment and revocation of schemes","content":"## Division 1 Making, amendment and revocation of schemes\n\nDivision 1 Making, amendment and revocation of schemes","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Preparation and approval of schemes","content":"#### 7 Preparation and approval of schemes\n\n7 Preparation and approval of schemes\n\n> > (1) An occupational association may prepare a scheme.\n> \n> > (2) The Council may, on the application of an occupational association, prepare a scheme.\n> \n> > (3) The Council may, on the application of an occupational association, approve a scheme prepared under this section.\n> \n> > (4) A scheme prepared under this section may indicate an intention to operate as a scheme of this jurisdiction only, or of both this jurisdiction and another jurisdiction.\n> \n> **s 7:** Am 2007 No 10, Sch 1 \\[3\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Public notification of schemes","content":"#### 8 Public notification of schemes\n\n8 Public notification of schemes\n\n> > (1) Before approving a scheme, the Council must publish a notice in a daily newspaper circulating throughout New South Wales:\n> > \n> > > (a) explaining the nature and significance of the scheme, and\n> > \n> > > (b) advising where a copy of the scheme may be obtained or inspected, and\n> > \n> > > (c) inviting comments and submissions within a specified time, but not less than 21 days after publication of the notice.\n> \n> > (2) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction, the Council must also publish a similar notice in the other jurisdiction in accordance with the requirements of the corresponding law of that jurisdiction that relate to the approval of a scheme prepared in that jurisdiction.\n> \n> **s 8:** Am 2007 No 10, Sch 1 \\[4\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Making of comments and submissions concerning schemes","content":"#### 9 Making of comments and submissions concerning schemes\n\n9 Making of comments and submissions concerning schemes\n\n> > (1) Any person may make a comment or submission to the Council concerning a scheme of which notice has been published under section 8.\n> \n> > (2) A comment or submission must be made within the period specified for that purpose in the notice or within such further time as the Council may allow.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Consideration of comments, submissions and other matters","content":"#### 10 Consideration of comments, submissions and other matters\n\n10 Consideration of comments, submissions and other matters\n\n> > (1) Before approving a scheme, the Council must consider the following:\n> > \n> > > (a) all comments and submissions made to it in accordance with section 9,\n> > \n> > > (b) the position of persons who may be affected by limiting the occupational liability of members of the occupational association concerned,\n> > \n> > > (c) the nature and level of claims relating to occupational liability made against members of the occupational association concerned,\n> > \n> > > (d) the risk management strategies of the occupational association concerned,\n> > \n> > > (e) the means by which those strategies are intended to be implemented,\n> > \n> > > (f) the cost and availability of insurance against occupational liability for members of the occupational association concerned,\n> > \n> > > (g) the standards (referred to in section 27) determined by the occupational association concerned in relation to insurance policies.\n> \n> > (2) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction:\n> > \n> > > (a) the Council must also consider any matter that the appropriate Council for the other jurisdiction would have to consider under the provisions of the corresponding law of that jurisdiction that relate to the approval of a scheme prepared in that jurisdiction, and\n> > \n> > > (b) the matters to be considered by the Council, whether under subsection (1) or paragraph (a), are to be considered in the context of each of the jurisdictions concerned.\n> \n> **s 10:** Am 2007 No 10, Sch 1 \\[5\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Public hearings","content":"#### 11 Public hearings\n\n11 Public hearings\n\n> > (1) The Council may conduct a public hearing concerning a scheme if the Council thinks it appropriate.\n> \n> > (2) A public hearing may be conducted in such manner as the Council determines.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Submission of approved schemes for Gazettal","content":"#### 12 Submission of approved schemes for Gazettal\n\n12 Submission of approved schemes for Gazettal\n\n> > (1) The Council may submit a scheme approved by it to the Minister.\n> \n> > (2) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction, the Council may also submit the scheme to the Minister administering the corresponding law of the other jurisdiction.\n> \n> **s 12:** Am 2007 No 10, Sch 1 \\[6\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Gazettal, tabling and disallowance of schemes","content":"#### 13 Gazettal, tabling and disallowance of schemes\n\n13 Gazettal, tabling and disallowance of schemes\n\n> > (1) The Minister may authorise the publication in the Gazette of a scheme submitted to the Minister by the Council or, in the case of an interstate scheme, by the appropriate Council for the jurisdiction in which the scheme was prepared.\n> \n> > (2) Sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to a scheme published in the Gazette under this section in the same way as they apply to a statutory rule.\n> \n> > (3) In this section, a reference to an interstate scheme includes a reference to an instrument amending an interstate scheme.\n> > \n> > Note—\n> > \n> > Subsection (3) applies subsections (1) and (2) to instruments that amend an interstate scheme. Those subsections already apply, by virtue of section 16A (5), to instruments that amend a scheme that is not an interstate scheme.\n> \n> **s 13:** Am 2007 No 10, Sch 1 \\[7\\] \\[8\\]; 2009 No 56, Sch 4.53.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Commencement of schemes","content":"#### 14 Commencement of schemes\n\n14 Commencement of schemes\n\n> > (1) A scheme published in the Gazette with the authorisation of the Minister commences:\n> > \n> > > (a) on such day subsequent to the date of its publication as may be specified in the scheme, or\n> > \n> > > (b) if no such day is specified—2 months after the date of its publication.\n> \n> > (2) This section is subject to any order made by the Supreme Court under section 15 and any order made by the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction.\n> \n> > (3) In this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.\n> \n> **s 14:** Subst 1998 No 10, Sch 1 \\[1\\]. Am 2007 No 10, Sch 1 \\[9\\].","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Challenges to schemes","content":"#### 15 Challenges to schemes\n\n15 Challenges to schemes\n\n> > (1) A person who is or is reasonably likely to be affected by a scheme published as referred to in section 13 (including a person who is or is reasonably likely to be affected by a scheme that operates as a scheme of another jurisdiction) may apply to the Supreme Court for an order that the scheme is void for want of compliance with this Act.\n> \n> > (2) The Court may, on the making of the application or at any time before the scheme commences, order that the commencement of the scheme is stayed until further order of the Court.\n> \n> > (3) The Court, in relation to an application, may:\n> > \n> > > (a) make an order that a scheme is void for want of compliance with this Act, or\n> > \n> > > (b) decline to make such an order, or\n> > \n> > > (c) give directions as to the things that are required to be done in order that a scheme, the commencement of which is stayed under this section, may commence, or\n> > \n> > > (d) make any other order it thinks fit.\n> \n> > (4) The Court may not make an order that an interstate scheme is void for want of compliance with this Act on the ground that the scheme fails to comply with Division 2, but may do so on the ground that the scheme fails to comply with the provisions of the corresponding law of the jurisdiction in which it was prepared that relate to the contents of schemes prepared in that jurisdiction.\n> \n> > (5) This section does not prevent a scheme from being challenged or called into question otherwise than under this section.\n> \n> > (6) In this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.\n> \n> **s 15:** Am 2007 No 10, Sch 1 \\[10\\] \\[11\\].","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Review of schemes","content":"#### 16 Review of schemes\n\n16 Review of schemes\n\n> > (1) The Minister may direct the Council to review the operation of a scheme.\n> \n> > (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.\n> \n> > (3) A review may, but need not, be conducted in order to decide:\n> > \n> > > (a) in the case of a scheme prepared under this Act, whether the scheme should be amended or revoked or whether a new scheme should be made, or\n> > \n> > > (b) in the case of an interstate scheme, whether the operation of the scheme should be terminated in relation to this jurisdiction.\n> \n> **s 16:** Subst 1998 No 10, Sch 1 \\[2\\]. Am 2007 No 10, Sch 1 \\[12\\].","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":"Amendment and revocation of schemes approved by Council","content":"#### 16A Amendment and revocation of schemes approved by Council\n\n16A Amendment and revocation of schemes approved by Council\n\n> > (1) An occupational association may prepare an instrument amending or revoking a scheme that relates to its members.\n> \n> > (2) The Council may, on the application of an occupational association, prepare or approve an instrument amending or revoking a scheme that relates to the members of the association.\n> \n> > (3) The Minister may direct the Council to prepare an instrument amending or revoking a scheme.\n> \n> > (4) 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 instrument amending or revoking a scheme.\n> \n> > (5) The provisions of sections 7–15 extend, with any necessary modifications, to the amendment of a scheme by an instrument under this section.\n> \n> > (6) The provisions of sections 7–14 (other than section 12 (2)) extend, with any necessary modifications, to the revocation of a scheme by an instrument under this section.\n> \n> > (7) This section does not apply to an interstate scheme.\n> \n> Note—\n> \n> An instrument that amends a scheme operating in another jurisdiction may be submitted to the Minister administering the corresponding law of that jurisdiction under section 12 with a view to its being published under that law. An instrument made under the corresponding law of another jurisdiction that amends an interstate scheme may be submitted to the Minister administering this Act with a view to its being published under section 13.\n> \n> **s 16A:** Ins 1998 No 10, Sch 1 \\[2\\]. Am 2007 No 10, Sch 1 \\[13\\] \\[14\\].","sortOrder":19},{"sectionNumber":"16B","sectionType":"section","heading":"Notification of revocation of schemes","content":"#### 16B Notification of revocation of schemes\n\n16B Notification of revocation of schemes\n\n> > (1) On publication in the Gazette of an instrument revoking a scheme (other than an interstate scheme) that operates as a scheme of another jurisdiction, the Minister must cause notice of that fact to be given to the Minister administering the corresponding law of that jurisdiction.\n> \n> > (2) On receipt of notice that an interstate scheme has been revoked under the corresponding law of the jurisdiction in which it was prepared, the Minister must cause a statement to that effect to be published in the Gazette.\n> > \n> > Note—\n> > \n> > Under section 32 (1B), an interstate scheme will cease to have effect in this jurisdiction when it ceases to have effect in the other jurisdiction.\n> \n> **s 16B:** Ins 2007 No 10, Sch 1 \\[15\\].","sortOrder":20},{"sectionNumber":"16C","sectionType":"section","heading":"Termination of operation of interstate schemes in this jurisdiction","content":"#### 16C Termination of operation of interstate schemes in this jurisdiction\n\n16C Termination of operation of interstate schemes in this jurisdiction\n\n> > (1) The Council may, on the application of an occupational association, prepare an instrument terminating, in relation to this jurisdiction, the operation of an interstate scheme that relates to members of the association.\n> \n> > (2) The Minister may direct the Council to prepare an instrument terminating the operation of an interstate scheme in relation to this jurisdiction.\n> \n> > (3) The Council must comply with any such direction, but may on its own initiative, at any time while an interstate scheme remains in force, prepare an instrument terminating the operation of the scheme in relation to this jurisdiction.\n> \n> > (4) The provisions of sections 8–13 (other than section 12 (2)) extend, with any necessary modifications, to the termination of the operation of an interstate scheme under an instrument under this section.\n> \n> > (5) The operation of an interstate scheme in respect of which an instrument under this section is published under section 13 (as applied by subsection (4)) is terminated, in relation to this jurisdiction, as from:\n> > \n> > > (a) such day subsequent to the date of its publication as may be specified in the instrument, or\n> > \n> > > (b) if no such day is specified—2 months after the date of its publication.\n> \n> **s 16C:** Ins 2007 No 10, Sch 1 \\[15\\].","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Contents of schemes","content":"## Division 2 Contents of schemes\n\nDivision 2 Contents of schemes","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Persons to whom scheme applies","content":"#### 17 Persons to whom scheme applies\n\n17 Persons to whom scheme applies\n\n> > (1) A scheme may provide that it applies to all persons within an occupational association or to a specified class or classes of persons within an occupational association.\n> \n> > (2) A scheme may provide that the occupational association concerned may, on application by a person, exempt the person from the scheme.\n> \n> > (3) A scheme ceases to apply to a person exempted from the scheme as referred to in subsection (2) on and from the date on which the exemption is granted or on and from a later date specified in the exemption.\n> \n> > (4) Subsection (2) does not apply to a person to whom a scheme applies by virtue of section 18, 19 or 20.\n> \n> **s 17:** Am 1999 No 56, Sch 1 \\[1\\].","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Officers or partners of persons to whom scheme applies","content":"#### 18 Officers or partners of persons to whom scheme applies\n\n18 Officers or partners of persons to whom scheme applies\n\n> > (1) If a scheme applies to a body corporate, the scheme also applies to each officer of the body corporate.\n> \n> > (2) If a scheme applies to a person, the scheme also applies to each partner of the person.\n> \n> > (3) However, if an officer of a body corporate or a partner of a person is entitled to be a member of the same occupational association as the body corporate or person, but is not a member, the scheme does not apply to that officer or partner.\n> \n> > (4) In this section:\n> > \n> > officer:\n> > \n> > > (a) in relation to a body corporate that is a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, has the same meaning as in that Act, and\n> > \n> > > (b) in relation to a body corporate that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate.\n> \n> **s 18:** Subst 2004 No 83, Sch 1 \\[6\\].","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Employees of persons to whom a scheme applies","content":"#### 19 Employees of persons to whom a scheme applies\n\n19 Employees of persons to whom a scheme applies\n\n> > (1) If a scheme applies to a person, the scheme also applies to each employee of the person.\n> \n> > (2) However, if an employee of a person is entitled to be a member of the same occupational association as the person but is not a member, the scheme does not apply to the employee.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Other persons to whom a scheme applies","content":"#### 20 Other persons to whom a scheme applies\n\n20 Other persons to whom a scheme applies\n\n> If persons are prescribed by the regulations for the purposes of section 29 (4) as being associated with persons to whom a scheme applies, the scheme also applies to the prescribed persons.","sortOrder":26},{"sectionNumber":"20A","sectionType":"section","heading":"Extension of liability limitation to other persons to whom scheme applies","content":"#### 20A Extension of liability limitation to other persons to whom scheme applies\n\n20A Extension of liability limitation to other persons to whom scheme applies\n\n> > (1) A limitation that applies under this Act to the occupational liability of a person as a member of an occupational association in respect of a cause of action (the principal cause of action) also applies, in respect of the principal cause of action and any related cause of action, to the liability of any other person to whom the scheme concerned applies as a partner, officer, employee or associate of the member (whether or not the other person’s liability is an occupational liability).\n> > \n> > Note—\n> > \n> > Sections 18–20 provide for a scheme to apply to a partner, officer, employee or associate of a member of an occupational association to whom the scheme applies.\n> \n> > (2) A related cause of action is a cause of action in respect of civil liability of the other person arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted by that person that caused or contributed to the loss or damage with which the principal cause of action is concerned and that resulted from the same or substantially the same event as that from which the principal cause of action arose.\n> \n> > (3) A reference in this section to a person who is a partner, officer, employee or associate of a member of an occupational association is a reference to a person who was such a partner, officer, employee or associate at the time of the event that gave rise to the principal cause of action.\n> \n> > (4) A reference in this section to a limitation on liability that applies to a person as a member of an occupational association includes a reference to a limitation on liability that would apply to the person if a cause of action relating to the liability were brought against the person.\n> \n> > (5) In this section:\n> > \n> > associate of a person means someone who is associated with the person pursuant to the regulations under section 29 (4) (b).\n> > \n> > officer:\n> > \n> > > (a) in relation to a body corporate that is a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, has the same meaning as in that Act, and\n> > \n> > > (b) in relation to a body corporate that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate.\n> \n> **s 20A:** Ins 2004 No 83, Sch 1 \\[7\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Limitation of liability by insurance arrangements","content":"#### 21 Limitation of liability by insurance arrangements\n\n21 Limitation of liability by insurance arrangements\n\n> A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court that:\n> \n> > (a) the person has the benefit of an insurance policy insuring the person against the occupational liability to which the cause of action relates, and\n> \n> > (b) the amount payable under the policy in respect of that occupational liability is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates,\n> \n> the person is not liable in damages in relation to that cause of action above the amount of that monetary ceiling.\n> \n> **s 21:** Am 1998 No 10, Sch 1 \\[3\\] \\[4\\]; 2004 No 83, Sch 1 \\[8\\] \\[9\\]. Subst 2006 No 78, Sch 1 \\[4\\].","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Limitation of liability by reference to amount of business assets","content":"#### 22 Limitation of liability by reference to amount of business assets\n\n22 Limitation of liability by reference to amount of business assets\n\n> A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court:\n> \n> > (a) that the person has business assets the net current market value of which is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates, or\n> \n> > (b) that:\n> > \n> > > (i) the person has business assets and the benefit of an insurance policy that insures the person against that occupational liability, and\n> > \n> > > (ii) the net current market value of the business assets and the amount payable under the policy in respect of that occupational liability, if combined, would total an amount that is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates,\n> \n> the person is not liable in damages in relation to that cause of action above the amount of the monetary ceiling so specified.\n> \n> **s 22:** Am 1998 No 10, Sch 1 \\[3\\] \\[4\\]. Subst 2004 No 83, Sch 1 \\[10\\]. Am 2006 No 78, Sch 1 \\[5\\] \\[6\\].","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Limitation of liability by multiple of charges","content":"#### 23 Limitation of liability by multiple of charges\n\n23 Limitation of liability by multiple of charges\n\n> > (1) A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court:\n> > \n> > > (a) that the person has the benefit of an insurance policy:\n> > > \n> > > > (i) insuring the person against that occupational liability, and\n> > > \n> > > > (ii) under which the amount payable in respect of that occupational liability is not less than an amount (the limitation amount), being a reasonable charge for the services provided by the person or which the person failed to provide and to which the cause of action relates, multiplied by the multiple specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates, or\n> > \n> > > (b) that person has business assets the net current market value of which is not less than the limitation amount, or\n> > \n> > > (c) that:\n> > > \n> > > > (i) the person has business assets and the benefit of an insurance policy insuring the person against that occupational liability, and\n> > > \n> > > > (ii) the net current market value of the assets and the amount payable under the policy in respect of that occupational liability, if combined, would total an amount that is not less than the limitation amount,\n> > \n> > the person is not liable in damages in relation to that cause of action above the limitation amount or, if the scheme specifies a minimum cap determined by the Council for the purposes of the scheme that is higher than the limitation amount, above the amount of the minimum cap so specified.\n> \n> > (2) In determining the amount of a reasonable charge for the purposes of such a provision, a court is to have regard to any amount actually charged and to:\n> > \n> > > (a) the amount that would ordinarily be charged in accordance with a scale of charges accepted by the occupational association of which the person is a member, or\n> > \n> > > (b) if there is no such scale, the amount that a competent person of the same qualifications and experience as the person would be likely to charge in the same circumstances.\n> \n> > (3) This section does not limit an amount of damages to which a person is liable if the amount is less than the amount specified for the purpose in the scheme in relation to the class of person and the kind of work concerned.\n> \n> **s 23:** Am 1998 No 10, Sch 1 \\[3\\] \\[4\\]. Subst 2004 No 83, Sch 1 \\[10\\]. Am 2006 No 78, Sch 1 \\[7\\] \\[8\\].","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Specification of limits of liability and multiples","content":"#### 24 Specification of limits of liability and multiples\n\n24 Specification of limits of liability and multiples\n\n> > (1) A scheme may:\n> > \n> > > (a) specify the same maximum amount of liability in relation to all cases to which the scheme applies or different maximum amounts of liability for different cases or classes of case or for the same case or class of case for different purposes, and\n> > \n> > > (b) confer a discretionary authority on an occupational association, on application by a person to whom the scheme applies, to specify in relation to the person a higher maximum amount of liability than would otherwise apply under the scheme in relation to the person either in all cases or in any specified case or class of case.\n> \n> > (2) A scheme may specify a multiple, monetary ceiling or minimum cap by way of a formula that is to be applied to calculate the multiple, ceiling or cap.\n> \n> **s 24:** Subst 2004 No 83, Sch 1 \\[11\\].","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Combination of provisions under sections 21, 22 and 23","content":"#### 25 Combination of provisions under sections 21, 22 and 23\n\n25 Combination of provisions under sections 21, 22 and 23\n\n> If, in a scheme, provisions of the kind referred to in section 23 and provisions of the kind referred to in section 21 or 22 (or both) apply to a person at the same time in respect of the same kind of work, the scheme must provide that the damages which may be awarded against the person are to be determined in accordance with section 23 but must not exceed the amount of the monetary ceiling specified in relation to the class of person and the kind of work in the provisions of the kind referred to in section 21 or 22.\n> \n> **s 25:** Am 2004 No 83, Sch 1 \\[12\\] \\[13\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Liability that cannot be limited by a scheme","content":"#### 26 Liability that cannot be limited by a scheme\n\n26 Liability that cannot be limited by a scheme\n\n> > (1) A scheme can only affect the liability for damages arising from a single cause of action to the extent to which the liability results in damages exceeding such amount (but not less than $500,000) as is determined for the purposes of the scheme by the Council and specified in the scheme.\n> \n> > (2) In making a determination, the Council must have regard to:\n> > \n> > > (a) the number and amounts of claims made against persons within the occupational association concerned, and\n> > \n> > > (b) the need to adequately protect consumers.\n> \n> > (3) A Council determination:\n> > \n> > > (a) takes effect when an amendment providing for its specification in the scheme takes effect, and\n> > \n> > > (b) applies only to a cause of action that arises after the determination takes effect.\n> \n> **s 26:** Am 1998 No 10, Sch 1 \\[5\\] \\[6\\].","sortOrder":33},{"sectionNumber":"26A","sectionType":"section","heading":"Liability in damages not reduced to below relevant limit","content":"#### 26A Liability in damages not reduced to below relevant limit\n\n26A Liability in damages not reduced to below relevant limit\n\n> The liability in damages of a person to whom a scheme applies is not reduced below the relevant limitation imposed by a scheme in force under this Act because the amount available to be paid to the claimant under the insurance policy required for the purposes of this Act in respect of that liability is less than the relevant limitation.\n> \n> Note—\n> \n> Section 4 (1A) permits a defence costs inclusive policy for the purposes of this Act, which may reduce the amount available to be paid to a client in respect of occupational liability covered by the policy. Section 26A makes it clear that this does not reduce the cap on the liability of the scheme participant to the client, and accordingly the scheme participant will continue to be liable to the client for the amount of any difference between the amount payable to the client under the policy and the amount of the cap.\n> \n> **s 26A:** Ins 2006 No 78, Sch 1 \\[9\\].","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Insurance to be of requisite standard","content":"#### 27 Insurance to be of requisite standard\n\n27 Insurance to be of requisite standard\n\n> For the purposes of a scheme, an insurance policy must be a policy, or a policy of a kind, which complies with standards determined by the occupational association whose members may be insured under such a policy, or a policy of such a kind.","sortOrder":35},{"sectionNumber":"Division 3","sectionType":"division","heading":"Effect of schemes","content":"## Division 3 Effect of schemes\n\nDivision 3 Effect of schemes","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Limit of occupational liability by schemes","content":"#### 28 Limit of occupational liability by schemes\n\n28 Limit of occupational liability by schemes\n\n> > (1) To the extent provided by this Act and the provisions 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 applied at the time when the act or omission occurred.\n> \n> > (2) The applicable limitation of liability is the limitation specified by the scheme as in force at the time at which the act or omission giving rise to the cause of action concerned occurred.\n> \n> > (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.\n> \n> > (4) A person to whom a scheme applies cannot choose not to be subject to the scheme, except in accordance with provisions included in the scheme under section 17 (2).\n> \n> **s 28:** Subst 1998 No 10, Sch 1 \\[7\\]. Am 1999 No 56, Sch 1 \\[2\\]–\\[4\\]; 2006 No 78, Sch 1 \\[10\\].","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Limitation of amount of damages","content":"#### 29 Limitation of amount of damages\n\n29 Limitation of amount of damages\n\n> > (1) Limitation imposed on single claims A limitation imposed by a scheme in force under this Act of an amount of damages is a limitation of the amount of damages that may be awarded for a single claim and is not a limitation of the amount of damages that may be awarded for all claims arising out of a single event.\n> \n> > (2) No splitting of plaintiffs Claims by a number of persons who have a joint interest in a cause of action are to be treated as a single claim for the purposes of this Act despite the fact that they may also have several interests.\n> \n> > (3) No splitting of defendants Two or more claims by the same person arising out of a single event against persons to whom a scheme in force under this Act applies and who are associated are to be treated as a single claim for the purposes of this Act.\n> \n> > (4) Associated defendants Persons are associated if they are:\n> > \n> > > (a) partners, employees of the same employer or in the relationship of employer and employee, or\n> > \n> > > (a1) officers of the same body corporate or in the relationship of body corporate and officer of the body corporate (with officer having the same meaning as in section 18), or\n> > \n> > > (b) persons who are prescribed by the regulations for the purposes of this subsection.\n> \n> **s 29:** Am 2004 No 83, Sch 1 \\[14\\].","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Effect of scheme on other parties to proceedings","content":"#### 30 Effect of scheme on other parties to proceedings\n\n30 Effect of scheme on other parties to proceedings\n\n> A scheme does not limit the liability of a person who is a party to proceedings if the scheme does not apply to the person.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Proceedings to which a scheme applies","content":"#### 31 Proceedings to which a scheme applies\n\n31 Proceedings to which a scheme applies\n\n> A scheme in force under this Act applies to proceedings relating to an act or omission that occurred after the commencement of the scheme.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Duration of scheme","content":"#### 32 Duration of scheme\n\n32 Duration of scheme\n\n> > (1) A scheme must specify the period (not exceeding 5 years) for which it is to remain in force after its commencement.\n> \n> > (1A) Subject to subsection (2), a scheme (other than an interstate scheme) remains in force until:\n> > \n> > > (a) the period specified under subsection (1) ends, or\n> > \n> > > (b) the scheme is revoked, or\n> > \n> > > (c) the scheme’s operation ceases because of the operation of another Act, or\n> > \n> > > (d) the scheme is declared void, either by an order made by the Supreme Court under section 15 or by an order made by the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction, or\n> > \n> > > (e) the scheme is disallowed under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (1B) Subject to subsection (2), an interstate scheme remains in force in this jurisdiction until:\n> > \n> > > (a) the period specified under subsection (1) ends, or\n> > \n> > > (b) the scheme’s operation in relation to this jurisdiction is terminated under section 16C, or\n> > \n> > > (c) the scheme ceases to have effect in the jurisdiction in which it was prepared, or\n> > \n> > > (d) the scheme is disallowed under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (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.\n> \n> > (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.\n> \n> **s 32:** Subst 1998 No 10, Sch 1 \\[8\\]. Am 2007 No 10, Sch 1 \\[16\\].","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Notification of limitation of liability","content":"#### 33 Notification of limitation of liability\n\n33 Notification of limitation of liability\n\n> > (1) If a person’s occupational liability is limited in accordance with this Part, all documents given by the person to a client or prospective client that promote or advertise the person or person’s occupation, including official correspondence ordinarily used by the person in the performance of the person’s occupation and similar documents, must carry a statement to that effect.\n> \n> > (2) A person who contravenes this section is guilty of an offence.\n> > \n> > Maximum penalty: 50 penalty units.\n> \n> > (3) The regulations may prescribe a form of statement for the purposes of this section.\n> \n> > (4) A person does not commit an offence against this section if the statement carried on the person’s documents is in the prescribed form.\n> \n> > (5) In this section, a reference to a document does not include a reference to a business card.\n> \n> **s 33:** Am 1998 No 10, Sch 1 \\[9\\] \\[10\\].","sortOrder":42},{"sectionNumber":"Part 3","sectionType":"part","heading":"Compulsory insurance","content":"# Part 3 Compulsory insurance\n\nPart 3 Compulsory insurance","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Occupational association may compel its members to insure","content":"#### 34 Occupational association may compel its members to insure\n\n34 Occupational association may compel its members to insure\n\n> > (1) An occupational association may require its members to hold insurance against occupational liability.\n> \n> > (2) Such a requirement may be imposed as a condition of membership or otherwise.\n> \n> > (3) The occupational association may set the standards with which the insurance must comply (for example, as to the amount of the insurance).\n> \n> > (4) The occupational association may specify different standards of insurance for different classes of members or for different kinds of work or on the basis of any other differing circumstances that it considers relevant.\n> \n> **s 34:** Am 2004 No 83, Sch 1 \\[15\\].","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Monitoring claims","content":"#### 35 Monitoring claims\n\n35 Monitoring claims\n\n> > (1) An occupational association may establish a committee for monitoring and analysing claims made against its members for occupational liability or two or more occupational associations may establish a common committee for that purpose.\n> \n> > (2) It is not necessary for all the committee members to be members of the occupational association or associations concerned. (For example, members may include representatives of insurers.)\n> \n> > (3) An occupational association may, through such a committee or otherwise, issue practice advice to its members with a view to minimising claims for occupational liability.","sortOrder":45},{"sectionNumber":"Part 4","sectionType":"part","heading":"Risk management","content":"# Part 4 Risk management\n\nPart 4 Risk management","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Risk management strategies","content":"#### 36 Risk management strategies\n\n36 Risk management strategies\n\n> > (1) If an occupational association seeks the approval of the Council under section 7 to a scheme, it must furnish the Council with:\n> > \n> > > (a) a detailed list of the risk management strategies intended to be implemented in respect of its members, and\n> > \n> > > (b) the means by which those strategies are intended to be implemented.\n> \n> > (2) The means of implementation may be imposed as a condition of membership or otherwise.\n> \n> > (3) The strategies are to apply in addition to other statutory requirements and must not be inconsistent with them.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Reporting","content":"#### 37 Reporting\n\n37 Reporting\n\n> > (1) An occupational association must provide information to the Council concerning its risk management strategies if requested to do so by the Council.\n> \n> > (2) An occupational association must provide an annual report to the Council as to the implementation and monitoring of its risk management strategies, the effect of those strategies and any changes made or proposed to be made to them.\n> \n> > (3) The occupational association’s annual report is to be incorporated into the Council’s annual report in such form as the Council determines.","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Complaints and disciplinary matters","content":"# Part 5 Complaints and disciplinary matters\n\nPart 5 Complaints and disciplinary matters","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Occupational Associations (Complaints and Discipline) Code","content":"#### 38 Occupational Associations (Complaints and Discipline) Code\n\n38 Occupational Associations (Complaints and Discipline) Code\n\n> > (1) A scheme may adopt the provisions of the Model Code set out in Schedule 1 with such additions, omissions or other modifications (if any) as may be approved by the Council.\n> \n> > (2) The modifications may include provisions relating to the making and determination of complaints and the imposition and enforcement of disciplinary measures against members of an occupational association, including (but not limited to) the following:\n> > \n> > > (a) the establishment of committees for the purpose of implementing the Model Code or any of its provisions,\n> > \n> > > (b) the procedure at meetings of any such committee,\n> > \n> > > (c) whether any such committee may administer an oath,\n> > \n> > > (d) the application or exclusion of the rules of and practice as to evidence,\n> > \n> > > (e) the grounds on which a complaint may be made,\n> > \n> > > (f) the verification of complaints by statutory declaration,\n> > \n> > > (g) the suspension of members from membership or from practice,\n> > \n> > > (h) the imposition of fines,\n> > \n> > > (i) the making of appeals,\n> > \n> > > (j) the exchanging of information with other occupational associations (within or outside New South Wales).","sortOrder":50},{"sectionNumber":"Part 6","sectionType":"part","heading":"The Professional Standards Council","content":"# Part 6 The Professional Standards Council\n\nPart 6 The Professional Standards Council","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Constitution of the Council","content":"#### 39 Constitution of the Council\n\n39 Constitution of the Council\n\n> There is constituted by this Act a body corporate with the corporate name of the Professional Standards Council.","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Membership of the Council","content":"#### 40 Membership of the Council\n\n40 Membership of the Council\n\n> The Council is to consist of 11 persons appointed by the Minister who have such experience, skills and qualifications as the Minister considers appropriate to enable them to make a contribution to the work of the Council.","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"Provisions relating to members of the Council","content":"#### 41 Provisions relating to members of the Council\n\n41 Provisions relating to members of the Council\n\n> Schedule 2 has effect with respect to the members of the Council.","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Provisions relating to procedure of the Council","content":"#### 42 Provisions relating to procedure of the Council\n\n42 Provisions relating to procedure of the Council\n\n> Schedule 3 has effect with respect to the procedure of the Council.","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Functions of Council","content":"#### 43 Functions of Council\n\n43 Functions of Council\n\n> > (1) The Council has the following functions:\n> > \n> > > (a) to give advice to the Minister concerning:\n> > > \n> > > > (i) the publication in the Gazette of a scheme, or of an amendment to a scheme, submitted to the Minister, or of notice of the revocation of such a scheme,\n> > > \n> > > > (ii) the operation of this Act,\n> > > \n> > > > (iii) any other matter relating to the occupational liability of members of occupational associations,\n> > \n> > > (b) to give advice to occupational associations concerning policies of insurance for the purposes of Part 2,\n> > \n> > > (c) to encourage and assist in the improvement of occupational standards of members of occupational associations,\n> > \n> > > (d) to encourage and assist in the development of self-regulation of occupational associations, including the giving of advice and assistance concerning the following:\n> > > \n> > > > (i) codes of ethics,\n> > > \n> > > > (ii) codes of practice,\n> > > \n> > > > (iii) quality management,\n> > > \n> > > > (iv) risk management,\n> > > \n> > > > (v) resolution of complaints by clients,\n> > > \n> > > > (vi) voluntary mediation services,\n> > > \n> > > > (vii) membership requirements,\n> > > \n> > > > (viii) discipline of members,\n> > > \n> > > > (ix) continuing occupational education,\n> > \n> > > (e) to monitor the occupational standards of persons to whom this Act applies,\n> > \n> > > (f) to monitor the compliance by an occupational association with its risk management strategies,\n> > \n> > > (g) to publish advice and information concerning the matters referred to in this section,\n> > \n> > > (h) to conduct forums on issues of interest to members of occupational groups,\n> > \n> > > (i) to collect, analyse and provide the Minister with information on issues and policies concerning the standards of occupational groups,\n> > \n> > > (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.\n> \n> > (2) The Council is not empowered to give advice concerning occupational standards contained in any other Act or statutory instrument.\n> \n> > (3) Any advice given to the Minister by the Council may be given either at the request of the Minister or without any such request.\n> \n> > (4) The Council has such other functions as are conferred or imposed on it by or under this or any other Act or law.\n> \n> > (5) The Council is taken to have locus standi for the purpose of pursuing any injunctive or other relief in accordance with subsection (1) (j), and is not to be required to give any undertaking as to damages in connection with the grant of any interlocutory relief.\n> \n> **s 43:** Am 1998 No 10, Sch 1 \\[11\\]–\\[13\\]; 2004 No 83, Sch 1 \\[16\\]; 2007 No 10, Sch 1 \\[17\\] \\[18\\].","sortOrder":59},{"sectionNumber":"43A","sectionType":"section","heading":"Co-operation with authorities in other jurisdictions","content":"#### 43A Co-operation with authorities in other jurisdictions\n\n43A Co-operation with authorities in other jurisdictions\n\n> For the purpose of dealing with a scheme that operates, or indicates an intention to operate, as a scheme of both this jurisdiction and another jurisdiction, the Council:\n> \n> > (a) may, in the exercise of its functions under this Act, act in conjunction with the appropriate Council for the other jurisdiction, and\n> \n> > (b) may act in conjunction with the appropriate Council for the other jurisdiction in the exercise of that Council’s functions under the corresponding law of that jurisdiction.\n> \n> **s 43A:** Ins 2007 No 10, Sch 1 \\[19\\].","sortOrder":60},{"sectionNumber":"43B","sectionType":"section","heading":"Delegation of functions","content":"#### 43B Delegation of functions\n\n43B Delegation of functions\n\n> The Council may delegate to any person whose services are used by the Council under section 46 any of the functions of the Council other than the function under section 43 (1) (j) or this power of delegation.\n> \n> **s 43B:** Ins 2016 No 27, Sch 1.23 \\[1\\].","sortOrder":61},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Requirement to provide information","content":"#### 44 Requirement to provide information\n\n44 Requirement to provide information\n\n> > (1) The Council may, by notice in writing, require an occupational association whose members are subject to a scheme in force under this Act or which seeks the approval of the Council under section 7 to a scheme, or an amendment to or revocation of a scheme, to furnish information to it which it may reasonably require in order to exercise its functions.\n> \n> > (2) An occupational association which does not comply with a notice under this section is guilty of an offence.\n> > \n> > Maximum penalty: 5 penalty units.\n> \n> **s 44:** Am 1998 No 10, Sch 1 \\[14\\].","sortOrder":63},{"sectionNumber":"44A","sectionType":"section","heading":"Referral of complaints","content":"#### 44A Referral of complaints\n\n44A Referral of complaints\n\n> > (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.\n> \n> > (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.\n> \n> **s 44A:** Ins 1998 No 10, Sch 1 \\[15\\].","sortOrder":64},{"sectionNumber":"45","sectionType":"section","heading":"Committees of Council","content":"#### 45 Committees of Council\n\n45 Committees of Council\n\n> > (1) The Council may establish committees to assist it in the exercise of its functions.\n> \n> > (2) It does not matter that any or all of the members of a committee are not members of the Council.\n> \n> > (3) The procedure for calling committee meetings and for the conduct of business at those meetings is to be as determined by the Council or (subject to any determination of the Council) by the committee.\n> \n> **s 45:** Am 2004 No 83, Sch 1 \\[17\\].","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Staff of the Council","content":"#### 46 Staff of the Council\n\n46 Staff of the Council\n\n> The Council may, with the approval of the Minister, arrange for the use of the services of any staff, including a person designated as chief executive officer, or facilities of a Public Service agency or a public or local authority.\n> \n> **s 46:** Am 2015 No 15, Sch 3.48 \\[1\\]; 2016 No 27, Sch 1.23 \\[2\\].","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Annual report","content":"#### 47 Annual report\n\n47 Annual report\n\n> > (1) As soon as practicable after 30 June, but before 1 October, in each year, the Council must prepare and forward to the Minister a report on the Council’s work and activities for the period of 12 months ending on 30 June in that year.\n> \n> > (2) The Minister is required to lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.\n> \n> > (2A) If a House of Parliament is not sitting when the Minister seeks to lay the report before it, the Minister is to cause a copy of the report to be presented to the Clerk of that House of Parliament.\n> \n> > (2B) A report presented under subsection (2A):\n> > \n> > > (a) is, on presentation and for all purposes, taken to have been laid before the House, and\n> > \n> > > (b) may be printed by authority of the Clerk of the House, and\n> > \n> > > (c) if so printed, is taken to be a document published by or under the authority of the House, and\n> > \n> > > (d) is to be recorded:\n> > > \n> > > > (i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and\n> > > \n> > > > (ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,\n> > > \n> > > on the first sitting day of the House after receipt of the copy of the report by the Clerk.\n> \n> > (3) The report is to include details of any forums conducted by the Council under section 43 (1) (h), and of any committees established by the Council under section 45, during the period to which the report relates.\n> \n> **s 47:** Subst 1998 No 120, Sch 1.33. Am 2004 No 83, Sch 1 \\[18\\]; 2014 No 14, Sch 1.3.","sortOrder":67},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":68},{"sectionNumber":"48","sectionType":"section","heading":"Characterisation of this Act","content":"#### 48 Characterisation of this Act\n\n48 Characterisation of this Act\n\n> The provisions of this Act are to be regarded as part of the substantive law of the State.","sortOrder":69},{"sectionNumber":"49","sectionType":"section","heading":"Application of this Act","content":"#### 49 Application of this Act\n\n49 Application of this Act\n\n> > (1) To the extent to which Parts 3, 4 and 5 are inconsistent with another Act, the other Act prevails. Otherwise, this Act has effect despite any other law to the contrary.\n> \n> > (2) This Act does not affect the operation of section 5 of the [Corporations (New South Wales) Act 1990](/view/html/inforce/current/act-1990-083).","sortOrder":70},{"sectionNumber":"50","sectionType":"section","heading":"No contracting out of this Act","content":"#### 50 No contracting out of this Act\n\n50 No contracting out of this Act\n\n> This Act applies in relation to a person to whom a scheme in force under this Act applies despite any contract to the contrary, whether the contract was made before, on or after the date on which the person became a person to whom the scheme applies.","sortOrder":71},{"sectionNumber":"50A","sectionType":"section","heading":"Disclosure of information","content":"#### 50A Disclosure of information\n\n50A Disclosure of information\n\n> A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act, or\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Maximum penalty: 20 penalty units.\n> \n> **s 50A:** Ins 2016 No 27, Sch 1.23 \\[3\\].","sortOrder":72},{"sectionNumber":"51","sectionType":"section","heading":"No limitation on other insurance","content":"#### 51 No limitation on other insurance\n\n51 No limitation on other insurance\n\n> Nothing in this Act limits the insurance arrangements a person may make apart from those made for the purposes of this Act.","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Proceedings for offences","content":"#### 52 Proceedings for offences\n\n52 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.\n> \n> **s 52:** Am 2007 No 94, Sch 4.","sortOrder":74},{"sectionNumber":"53","sectionType":"section","heading":"Regulations","content":"#### 53 Regulations\n\n53 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting the generality of subsection (1), the regulations may make provision concerning the following:\n> > \n> > > (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,\n> > \n> > > (b) the annual fee to be paid to the Council by an occupational association whose members are subject to a scheme in force under this Act.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.\n> \n> **s 53:** Am 1998 No 10, Sch 1 \\[16\\].","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Rules of court","content":"#### 54 Rules of court\n\n54 Rules of court\n\n> > (1) Rules of court may be made with respect to any matter arising under Part 2.\n> \n> > (2) A rule of court may specify:\n> > \n> > > (a) matters relating to section 15, and\n> > \n> > > (b) the means by which the net current market value of assets may be determined for the purposes of section 22 or 23.\n> \n> > (3) This section does not limit the rule-making powers of any court.","sortOrder":76},{"sectionNumber":"55","sectionType":"section","heading":"Review of Act","content":"#### 55 Review of Act\n\n55 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":77},{"sectionNumber":"56","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 56 Savings, transitional and other provisions\n\n56 Savings, transitional and other provisions\n\n> Schedule 4 has effect.\n> \n> **s 56:** Ins 1998 No 10, Sch 1 \\[17\\].","sortOrder":78},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Complaints and disciplinary matters","content":"# Schedule 1 Complaints and disciplinary matters\n\nSchedule 1 Complaints and disciplinary matters\n\n(Section 38)\n\nModel code\n\n**sch 1:** Am 1998 No 10, Sch 1 \\[18\\].","sortOrder":79},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to members of the Council","content":"# Schedule 2 Provisions relating to members of the Council\n\nSchedule 2 Provisions relating to members of the Council\n\n(Section 41)\n\n**sch 2:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2015 No 15, Sch 3.48 \\[2\\] \\[3\\]; 2017 No 25, Sch 1.25 \\[1\\] \\[2\\].","sortOrder":91},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Provisions relating to procedure of the Council","content":"# Schedule 3 Provisions relating to procedure of the Council\n\nSchedule 3 Provisions relating to procedure of the Council\n\n(Section 42)","sortOrder":100},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 56)\n\n**sch 4:** Ins 1998 No 10, Sch 1 \\[19\\]. Am 1999 No 56, Sch 1 \\[5\\] \\[6\\]; 2004 No 83, Sch 1 \\[19\\] \\[20\\]; 2006 No 78, Sch 1 \\[11\\] \\[12\\]; 2007 No 10, Sch 1 \\[20\\] \\[21\\].","sortOrder":106}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1994 scope. Originally focused on simple liability limitation for professionals with insurance, it has expanded to include: (1) complex interstate mutual recognition arrangements (2007 amendments) allowing schemes to operate across state borders; (2) detailed risk management and compulsory insurance frameworks (Parts 3-4); (3) disciplinary codes and complaints handling (Part 5 and Schedule 1); (4) specific provisions for defence costs in insurance policies (2006 amendments); and (5) extensive transitional validation provisions for previously non-compliant schemes. The original 'limitation of liability' concept now sits within a much broader regulatory framework governing professional conduct, insurance standards, and cross-border recognition."},"complexity_factors":["Multiple overlapping limitation mechanisms (sections 21, 22, 23) with complex interaction rules in section 25","Extensive cross-referencing between Parts and Schedules, particularly regarding interstate schemes and corresponding laws","Nested exceptions and carve-outs (e.g., section 5 exclusions for personal injury, but exception in 5(3) for legal practitioners)","Detailed transitional provisions across 6 different amending Acts in Schedule 4 with varying commencement rules","Complex extension of liability limitation to officers, partners, employees and associates (sections 18-20A) with multiple conditional layers","Interplay between statutory rules and gazetted schemes, including disallowance mechanisms under the Interpretation Act 1987","Multiple formulas for calculating liability caps (fixed amounts, multiples of fees, business asset values) in sections 21-24","Specific procedural requirements for scheme approval including public notification, submissions, hearings, and ministerial gazettal"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system where professional associations (like those for accountants, engineers, or surveyors) can set up **\"schemes\"** that cap how much money their members can be sued for if they make mistakes at work. It's a trade-off: professionals get protection from massive lawsuits, but in return they must maintain proper insurance, follow risk management rules, and meet higher professional standards.\n\n**Who it affects:**\n\n- **Professionals and tradespeople** who belong to occupational associations (members get the liability protection)\n- **Clients and consumers** who use their services (they get the benefit of improved standards and mandatory insurance, but their ability to sue for large amounts is limited)\n- **The Professional Standards Council** — a government body that oversees these schemes\n\n**How it works:**\n\n1. An occupational association prepares a **scheme** setting a **monetary ceiling** (maximum liability amount) for its members\n2. The scheme must include **risk management strategies** and **insurance requirements**\n3. The Professional Standards Council reviews and approves the scheme\n4. Once approved and published, members who have proper insurance can limit their liability to the ceiling amount — even if a court awards more damages, they only pay up to the cap\n5. Members must **notify clients** that their liability is limited\n\n**Key protections for consumers:**\n\n- Schemes **cannot** limit liability for death, personal injury, fraud, dishonesty, or breach of trust\n- Members must carry adequate insurance\n- Associations must monitor claims and improve standards\n- The minimum liability floor is **$500,000** (schemes can't cap liability below this amount)\n\n**Why it matters:**\n\nThis law tries to solve a problem where professionals couldn't get affordable insurance because lawsuit risks were unlimited. By capping liability, insurance becomes available and affordable, but consumers retain protection through mandatory insurance, disclosure requirements, and improved professional standards."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1994 with a relatively narrow focus on a small number of established professions, the Act's scope has broadened significantly over time through amendments. The scheme now covers a much wider range of occupational groups and associations, and the liability cap mechanisms have been refined and extended. The underlying policy intent — trading liability limits for higher professional standards — has remained consistent, but the breadth of who can access the scheme has expanded well beyond the original contemplation."},"complexity_factors":["The document provided is primarily metadata and navigation content from the NSW legislation website — the actual substantive provisions of the Act are not included, limiting full analysis","The Act itself (based on known content) involves a multi-layered scheme: professional associations, an approving council, liability caps, and insurance requirements all interacting","Multiple amendments over 20+ years (at least 10 versions since 2000) create complexity in tracking what the current law actually says","The law operates across many different professions, each with different schemes and caps, requiring cross-referencing with profession-specific regulations","Interaction with common law (judge-made law) and other statutes around negligence and contract is complex — the Act modifies but does not replace existing legal rights","Consumers affected by the law may not be aware their rights are capped, as the obligation to notify clients exists but is not always well understood","Administered by multiple bodies (the Professional Standards Council, individual professional associations, and the Minister)"],"plain_english_summary":"## Professional Standards Act 1994 (NSW)\n\n**What is this law?**\nThis is a NSW law that allows professional associations (like groups representing lawyers, accountants, engineers, or other professionals) to create \"professional standards schemes\" — essentially approved rules that can **cap (limit) the amount of money** a professional can be sued for if something goes wrong in their work.\n\n**Who does it affect?**\n- **Professionals** (e.g. lawyers, engineers, financial advisers, surveyors) who belong to an approved professional association — they may benefit from having their financial liability capped\n- **Members of the public** who are harmed by a professional's mistake — they may find the amount they can claim in compensation is legally limited\n- **Professional associations** — they must apply to have a scheme approved and must maintain standards in return for their members getting liability protection\n\n**Why does it matter?**\nIf you hire a professional and they make a costly mistake, this law may mean you **cannot sue them for the full amount of your loss**. In exchange for this protection, professionals are supposed to maintain higher standards and carry professional indemnity insurance (insurance that covers claims made against them).\n\n**The trade-off:**\n- Professionals get protection from unlimited lawsuits\n- The public gets assurance that professionals maintain proper standards and hold insurance\n- A special council oversees and approves these schemes\n\n**Note:** This law has been amended multiple times since 1994, most recently in 2017, and is still in force in NSW today."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented contains amendments and inserted provisions that expand and refine the original framework. Notable scope changes in the text include extension of scheme coverage beyond named members to officers, partners, employees and prescribed associates (ss 18, 20A), explicit treatment of defence costs in insurance amounts (s 4(1A)) and the insertion of rules clarifying that a cap remains despite an insurer paying less (s 26A). The Act also incorporates procedures for interstate schemes, mutual recognition and related termination/notification rules (ss 7, 13, 16B–16C, 32(1B)). These additions change the operational reach of schemes compared with a simpler original model by broadening who can be covered, specifying insurance treatment, and adding interstate coordination and more detailed administrative controls."},"complexity_factors":["Multiple interlocking mechanisms for limiting liability (insurance ceilings, business assets, multiples of charges) with rules for combining them (ss 21–25).","Administrative discretion shared between occupational associations, the Professional Standards Council and the Minister, including directions, approvals, and delegations (ss 7, 16, 43, 43B).","Detailed procedural requirements for public notification, consultation, and possible judicial challenge to schemes (ss 8–11, 15).","Temporal and geographic complexity created by time‑limited schemes, extensions, interstate schemes and corresponding law interactions (ss 14, 16A–16C, 32).","Compliance and reporting obligations for occupational associations (risk‑management strategies, annual reporting, information notices) and penalties for non‑compliance (ss 36–37, 44).","Interaction between scheme limits and insurance policy design (including defence‑costs inclusive policies) and a rule that insurance shortfalls do not reduce the statutory cap (s 4(1A); s 26A).","Exceptions and preserved liabilities (personal injury, breach of trust, fraud) requiring careful drafting of schemes to avoid invalidity (s 5).","Regulations and rules of court may fill technical gaps (ss 53–54), adding delegated complexity outside the primary Act text."],"plain_english_summary":"### What this law does, in plain terms\n\nThis Act lets professional groups and the Government create time‑limited \"schemes\" that set upper limits on the civil money damages a professional (or certain related people) may have to pay for work‑related mistakes. The Act also sets up and gives powers to a Professional Standards Council (the Council) to approve, supervise and review those schemes and to encourage risk management and occupational standards (s 3; ss 7, 43).\n\nMechanically:\n\n- An occupational association or the Council can prepare a scheme that limits members’ liability for occupational claims (ss 7, 21–25). Schemes must be published and open for public comment before approval (ss 8–10). The Council may approve schemes and submit them to the Minister for Gazette publication (ss 7, 12–13). Approved schemes run for up to five years and can be extended once for up to 12 months (s 32).\n- A scheme may limit liability in different ways: by reference to an insurance payout (s 21), by reference to the net market value of business assets (s 22), or by reference to a multiple of a reasonable professional charge (s 23). A scheme can combine these methods but the rules for which method governs are set out (ss 23–25). The Council determines a minimum amount below which a scheme cannot reduce liability for a single cause of action (not less than $500,000) and must state that in the scheme (s 26).\n- Schemes apply not only to members but can extend to officers, partners, employees and prescribed associates of members, and a scheme may also exempt particular individuals if it provides for that (ss 17–20A). An interstate scheme prepared under a corresponding law can operate in this jurisdiction subject to special procedural rules (ss 7, 13, 16B–16C, 32(1B)).\n- Occupational associations can require members to hold insurance and to adopt risk‑management measures; they must supply detailed risk‑management strategies to the Council and report annually on implementation (ss 34, 36–37). The Council may require information from associations (s 44).\n- Where a person’s liability is limited under a scheme, the professional must put a statement on promotional and official documents advising clients that their liability is limited (s 33). Failure to do so is an offence (s 33(2)).\n- The Council has a range of powers including giving advice to the Minister, monitoring standards and compliance, establishing committees, and instituting prosecutions for offences under the Act (s 43). The Council’s membership and internal procedures are set out (ss 39–42; Schedules 2–3).\n- The Act binds the Crown and overrides contracts that try to opt out of the Act’s operation in relation to persons covered by a scheme (ss 6, 50). The Act preserves other insurance arrangements a person may have (s 51). Judicial review is available: persons affected by a scheme may apply to the Supreme Court to have the scheme declared void for non‑compliance (s 15).\n\nStated purposes and how they interact with costs and incentives\n\n- The Act states as its objects enabling schemes that limit civil liability, facilitating improved occupational standards, protecting consumers, and constituting a Council to supervise schemes (s 3). Those are the purpose‑claims the Act advances.\n\n- Who pays and who benefits (mechanisms):\n  - Benefits concentrate on members of occupational associations who are covered by a scheme: they may face lower exposure to very large damage awards because schemes cap damages (ss 21–25, 28). That reduces financial risk for those professionals.\n  - Costs are shifted onto other parties through several mechanisms visible in the text: claimants may receive less than otherwise because damages are capped (ss 21–26); insurers may bear some of the cost where schemes operate via insurance (ss 21–23), and premiums or insurance standards may be affected by Council/advice from the Council (s 43(b); s 27). If insurance underpays (for example, because a policy is defence‑costs inclusive), the scheme participant remains liable up to the cap (s 26A), which can leave the claimant to recover the shortfall from the professional.\n  - Occupational associations and their members bear compliance costs: preparing schemes, publishing notices, adopting and reporting on risk‑management strategies, maintaining insurance standards, and notifying clients (ss 7–10; ss 33, 36–37, 44).\n\n- Incentives and trade‑offs:\n  - The Act creates incentives for professional groups to adopt risk‑management measures (they must supply detailed strategies when seeking approval and report on implementation) because the Council considers those strategies when approving schemes (ss 10, 36–37). This ties the benefit of capped liability to adoption and monitoring of risk controls (s 10(d)–(f)).\n  - At the same time, the Act protects consumer notice rights (requires statements on documents) and preserves a floor on liability for single causes of action (Council‑determined but not less than $500,000) to “adequately protect consumers” (s 26(1)–(2); s 33). Those are built‑in trade‑offs between limiting exposure for professionals and protecting claimant recovery.\n\n- Compliance burden and administrative discretion:\n  - Associations must prepare schemes or submit applications; the Council conducts consultation, may hold public hearings, and exercises judgement about approving schemes (ss 7–11). The Council has delegated powers, can require information, and the Minister may direct the Council to act (ss 16, 43B, 44). These provisions create administrative discretion about what schemes are approved and on what terms (ss 7, 10, 16, 43, 43B). The Council also determines the minimum unlimitible liability amount that must appear in schemes (s 26).\n  - Occupational associations face recurring obligations: monitoring claims committees, issuing practice advice, setting insurance standards, and reporting to the Council annually (ss 34–35, 36–37). Failure to provide information on request is an offence (s 44).\n\n- Legal and market effects on private choice and contracts:\n  - The Act limits contractual freedom in that it applies despite any contract purporting to override it (s 50). It therefore curtails the ability of parties to contract out of limits or obligations set by a valid scheme.\n  - By enabling caps on damages and allowing liability to be tied to insurance cover or business assets, the Act can affect how professionals price services, obtain insurance, structure businesses (e.g., use or preservation of business assets), and organise risk transfer (ss 21–24). Occupational associations may mandate insurance standards and membership conditions (s 34), which can affect entry, costs and competition within professions.\n\n- Legal safeguards and review:\n  - The Act requires public notice and a comment period before approval (s 8) and gives affected persons the right to apply to the Supreme Court to have a scheme voided for non‑compliance (s 15). The Council must consider submissions and several enumerated matters (s 10). These steps create avenues for legal challenge and public input.\n\nConcrete operational risks and practical trade‑offs (source‑grounded):\n\n- Implementation risk: a scheme may be stayed or declared void by the Supreme Court if statutory requirements are not met (s 15). That risk attaches to associations and the Council during preparation and approval (ss 7–15).\n- Concentrated benefit / diffuse cost mechanism: the primary beneficiaries are the professionals whose liability is limited (ss 17–20A; ss 21–25). Potentially diffuse costs fall on claimants (reduced recoveries), insurers (changed exposure and possible premium effects), and possibly on the public purse where government or Crown exposure is relevant (ss 6, 51). These shifts arise directly from the limitation mechanisms set out in the scheme rules (ss 21–26).\n- Bureaucratic discretion and regulatory binding: the Council and Minister play central roles in approving, modifying, extending or terminating schemes (ss 7, 12–16C, 32). The Council also issues advice and monitors compliance (s 43). That central role means scheme shape and coverage depend on administrative decisions within the framework the Act provides.\n\nSummary of who decides, who pays, and what changes in behaviour:\n\n- Who decides: occupational associations may prepare schemes, but the Council approves them and the Minister publishes them in the Gazette; the Council also sets standards it will consider and may require reporting (ss 7, 12–13, 36–37, 43). The Supreme Court can review and void schemes (s 15).\n- Who pays: professionals (members) pay for compliance and for insurance the association may require (s 34); insurers pay under policies when applicable (ss 21–23); claimants may receive reduced awards where caps apply (ss 21–26, 29). The Crown is bound by the Act to the extent permitted (s 6).\n- Behaviour changes likely driven by the Act: occupational associations will design and enforce insurance and risk‑management regimes (ss 34, 36); professionals may adjust pricing, insurance purchases and business structures to meet scheme conditions (ss 21–24, 27); associations and the Council will monitor claims and publish advice (ss 35, 43).\n\nPrimary legal limits and protections stated in the Act:\n\n- Some liabilities are excluded from schemes (death or personal injury except where lawyers act for clients in personal injury claims, breach of trust, fraud or dishonesty) (s 5).\n- A minimum single‑claim limit determined by Council (not less than $500,000) cannot be reduced by a scheme (s 26).\n- The Act overrides contrary contracts (s 50) and preserves other insurance arrangements outside the Act (s 51).\n\nOverall, the Act sets a procedure and legal framework that permits limited civil liability for professionals in return for statutory checks: public consultation, Council scrutiny of risk‑management measures, mandatory disclosure to clients, and judicial review (ss 7–15, 26, 33, 36–44)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/professional-standards-act-1994","history":"/api/acts/professional-standards-act-1994/history","analysis":"/api/acts/professional-standards-act-1994/analysis","conflicts":"/api/acts/professional-standards-act-1994/conflicts","importantCases":"/api/acts/professional-standards-act-1994/important-cases","documents":"/api/acts/professional-standards-act-1994/documents"}}