{"id":"nsw:sl-2024-0413","name":"Professional Standards Regulation 2024","slug":"professional-standards-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"413 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174511,"registerId":"nsw-sl-2024-0413-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 regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Professional Standards Regulation 2024](/view/html/inforce/current/sl-2024-0413).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Professional Standards Regulation 2019](/view/html/repealed/current/sl-2019-0431), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> annual fee means the annual fee referred to in the Act, section 53(2)(b).\n> \n> annual fee period, in relation to a scheme, means each 12-month period beginning—\n> \n> > (a) on the date on which the scheme commences, and\n> \n> > (b) on each anniversary of that date.\n> \n> the Act means the [Professional Standards Act 1994](/view/html/inforce/current/act-1994-081).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fees—the Act, s 53(2)","content":"# Part 2 Fees—the Act, s 53(2)\n\nPart 2 Fees—the Act, s 53(2)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application fee for approval relating to scheme","content":"#### 4 Application fee for approval relating to scheme\n\n4 Application fee for approval relating to scheme\n\n> An application by an occupational association for the Council’s approval of a scheme, or an amendment to or revocation of a scheme, must be accompanied by a fee of $5,000.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Amount of annual fee","content":"#### 5 Amount of annual fee\n\n5 Amount of annual fee\n\n> The annual fee to be paid to the Council by an occupational association whose members are subject to a scheme in force under the Act is $50 for each member to whom the scheme applies at any time during the relevant annual fee period.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Payment of annual fee","content":"#### 6 Payment of annual fee\n\n6 Payment of annual fee\n\n> > (1) The annual fee for a scheme must be paid—\n> > \n> > > (a) if the scheme commences during the period of 1 January to 31 March—not later than 31 March in each annual fee period, or\n> > \n> > > (b) if the scheme commences during the period of 1 April to 30 June—not later than 30 June in each annual fee period, or\n> > \n> > > (c) if the scheme commences during the period of 1 July to 30 September—not later than 30 September in each annual fee period, or\n> > \n> > > (d) if the scheme commences during the period of 1 October to 31 December—not later than 31 January in each annual fee period.\n> \n> > (2) If a scheme becomes applicable to an additional member of an occupational association after the annual fee has been paid for an annual fee period, the annual fee in relation to the member for that period must be paid by the date the next annual fee for the scheme is due.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Interest on overdue annual fee","content":"#### 7 Interest on overdue annual fee\n\n7 Interest on overdue annual fee\n\n> If an occupational association does not pay the annual fee for a scheme in full within 30 days after the fee is due, simple interest at the rate of 0.05% per day is payable to the Council on the outstanding balance until the balance is paid.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Circumstances in which fees or interest not payable","content":"#### 8 Circumstances in which fees or interest not payable\n\n8 Circumstances in which fees or interest not payable\n\n> The Council may, if the Council considers that there are special reasons in a particular case, determine that the whole or part of any fee or interest payable under this regulation is not payable.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notification of limitation of liability","content":"#### 9 Notification of limitation of liability\n\n9 Notification of limitation of liability\n\n> > (1) For the Act, section 33(3), the following form of statement is prescribed—  \n> > Liability limited by a scheme approved under professional standards legislation.\n> \n> > (2) The statement must be printed in a size not less than Times New Roman 8 point font.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Savings","content":"#### 10 Savings\n\n10 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Professional Standards Regulation 2019](/view/html/repealed/current/sl-2019-0431), had effect under that regulation continues to have effect under this regulation.","sortOrder":12}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2019 regulation but contains a savings clause preserving prior effects (s2, s10). It specifies fees, payment timing, interest, a limited waiver power for the Council, and a prescribed disclosure; it does not itself expand which occupations or members may be covered under the Act."},"complexity_factors":["Limited subject-matter: primarily fee amounts and payment mechanics (ss4–7).","Timing rules tied to scheme commencement quarters create staggered deadlines (s6).","Interest computed daily at a simple rate requires ongoing tracking until paid (s7).","Council discretion to remit fees or interest introduces case-by-case administrative decisions (s8).","Minor compliance detail prescribing a specific disclosure text and minimum font size (s9).","Savings clause and repeal mechanics preserve existing effects on transition (ss2,10)."],"plain_english_summary":"This regulation sets the fees and basic rules for professional standards schemes under the Professional Standards Act. Occupational associations must pay a $5,000 application fee for Council approval (s4) and $50 per member each year (s5); payment deadlines follow the scheme’s commencement quarter (s6) and unpaid balances attract simple interest of 0.05% per day after 30 days (s7). The Council can waive fees or interest in special cases (s8), a prescribed liability statement and font size is required (s9), and prior rules continue to operate (s2, s10)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available to assess whether the regulation's scope diverged from its original intent. The metadata indicates the regulation has been in force in a single unchanged version since 23 August 2024, suggesting no amendments have altered its scope to date."},"complexity_factors":["Only metadata is available — no substantive provisions are visible, limiting full analysis","Operates as a subordinate instrument (regulation) under a parent Act, requiring understanding of both documents together","Interacts with the automatic repeal framework under the Subordinate Legislation Act 1989, adding a temporal dimension","The parent Professional Standards Act itself involves technical concepts like liability caps and scheme approvals, which flow into any regulation made under it"],"plain_english_summary":"This NSW regulation, made under the Professional Standards Act, took effect 23 August 2024 and will automatically repeal on 1 September 2029 under sunset rules. It governs the procedural and administrative framework that supports professional standards schemes — the mechanisms by which approved professions can limit civil liability in exchange for oversight. It therefore affects members of approved professional bodies (and clients/public who use their services)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow administrative purpose. It replaces the 2019 version with substantively identical provisions (same fees, same wording requirements), indicating no scope creep. The regulation remains tightly focused on fee-setting and procedural notification requirements as delegated by the parent Act."},"complexity_factors":["Only 4 defined terms in section 3 (annual fee, annual fee period, the Act, with one being a circular reference to the Act itself)","Straightforward fee structure with no exemptions, tiers, or conditional calculations beyond simple quarterly payment windows","Single cross-reference to the Professional Standards Act 1994 for substantive context","No nested exceptions or complex conditional logic — section 8 provides a simple discretionary waiver power without limiting conditions","Minimal procedural requirements (only font size specified for the disclosure statement)","Short length (10 sections total, approximately 2 pages of substantive content)","Clear linear structure: definitions → fees → miscellaneous"],"plain_english_summary":"This regulation sets out the administrative rules for how occupational associations (groups representing specific professions) interact with the Professional Standards Council in New South Wales.\n\n**What it does:**\n- **Sets fees** for professional associations that want to limit their members' legal liability through approved \"schemes\" under the Professional Standards Act 1994:\n  - **$5,000 application fee** to set up, change, or cancel a liability limitation scheme\n  - **$50 per member per year** ongoing fee, paid according to specific quarterly deadlines based on when the scheme started\n- **Charges interest** (0.05% per day, simple interest) if annual fees are more than 30 days late\n- **Allows fee waivers** in special circumstances at the Council's discretion\n- **Specifies the exact wording** that professionals must use to notify clients that their liability is limited: *\"Liability limited by a scheme approved under professional standards legislation\"* — and requires this to be printed in at least 8-point font\n- **Preserves existing arrangements** from the previous 2019 regulation so nothing breaks when the new rules take effect\n\n**Who it affects:**\n- Occupational associations (professional bodies) seeking to limit members' liability for negligence or misconduct\n- The Professional Standards Council, which administers these schemes\n- Individual professionals whose associations participate in these liability limitation schemes\n\n**Why it matters:**\nThis is essentially the \"price list and paperwork rules\" for a system that lets professionals (like accountants, engineers, or IT consultants) cap their financial liability to clients. Without these regulations, associations wouldn't know what to pay or how to properly notify clients about liability limits."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/professional-standards-regulation-2024","history":"/api/acts/professional-standards-regulation-2024/history","analysis":"/api/acts/professional-standards-regulation-2024/analysis","conflicts":"/api/acts/professional-standards-regulation-2024/conflicts","importantCases":"/api/acts/professional-standards-regulation-2024/important-cases","documents":"/api/acts/professional-standards-regulation-2024/documents"}}