{"id":"professional-standards-regulations-1998","name":"Professional Standards Regulations 1998","slug":"professional-standards-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181715,"registerId":"wa-professional-standards-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Professional Standards Regulations 1998","content":"![Crest]()Western Australia\n\nProfessional Standards Act 1997\n\nProfessional Standards Regulations 1998\n\nWestern Australia\n\nProfessional Standards Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Fee on application 1\n\n4. Annual fee for occupational associations subject to a scheme 1\n\n5. Remissions of amounts payable 3\n\n6. Notification of limitation of liability 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nProfessional Standards Act 1997\n\nProfessional Standards Regulations 1998\n\n##### 1. Citation\n\nThese regulations may be cited as the *Professional Standards Regulations 1998* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Professional Standards Act 1997* comes into operation 1.\n\n##### 3. Fee on application\n\nOn making an application to the Council for approval of a scheme, or an amendment to or revocation of a scheme, an occupational association must pay a fee of $5 000 to the Council.\n\n[(2) deleted]\n\n[Regulation 3 amended: Gazette 29 Dec 2006 p. 5873.]\n\n##### 4. Annual fee for occupational associations subject to a scheme\n\n(1) In this regulation —\n\n  scheme year, in respect of a scheme in force under the Act, means a year beginning on the day the scheme begins or on an anniversary of that day.\n\n(2) This regulation applies to any occupational association whose members are subject to a scheme in force under the Act.\n\n(3) In each scheme year of a scheme an occupational association must pay to the Council a fee of $50 for each of those members of the association who are ordinarily resident in the State and who are subject to the scheme at any time during the year.\n\n(4) Except as provided in subregulation (5), the association must pay the fee —\n\n(a) if the scheme commences during the period of 3 months ending on 31 March in any year — not later than 31 March in each year;\n\n(b) if the scheme commences during the period of 3 months ending on 30 June in any year — not later than 30 June in each year;\n\n(c) if the scheme commences during the period of 3 months ending on 30 September in any year — not later than 30 September in each year;\n\n(d) if the scheme commences during the period of 3 months ending on 31 December in any year — not later than 31 January of each following year.\n\n(5) If, after the occupational association pays the fee the scheme becomes applicable to an additional member of the association who is ordinarily resident in the State the association must pay the amount relevant to the additional member under subregulation (2) —\n\n(a) if the scheme becomes applicable to that member during the period of 3 months ending on 31 March in any year — not later than 31 March;\n\n(b) if the scheme becomes applicable to that member during the period of 3 months ending on 30 June in any year — not later than 30 June;\n\n(c) if the scheme becomes applicable to that member during the period of 3 months ending on 30 September in any year — not later than 30 September;\n\n(d) if the scheme becomes applicable to that member during the period of 3 months ending on 31 December in any year — not later than 31 January of the following year.\n\n[Regulation 4 inserted: Gazette 29 Dec 2006 p. 5873‑4.]\n\n##### 5. Remissions of amounts payable\n\n(1) The Council may, if it considers that there are special reasons for doing so in a particular case, remit the whole or any part of a fee payable under regulation 3 or 4.\n\n(2) The Council may delegate its power to remit payment of a fee to a person holding the position of executive officer of the Council.\n\n(3) The maximum amount the person may remit under the delegation in a particular case is $250.\n\n[Regulation 5 inserted: Gazette 29 Dec 2006 p. 5875.]\n\n##### 6. Notification of limitation of liability\n\n(1) For the purposes of section 45(2) of the Act, the following form of statement is prescribed —\n\n“\n\nLiability limited by a scheme approved under Professional Standards Legislation.\n\n”.\n\n(2) The statement must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.\n\n[Regulation 6 inserted: Gazette 29 Dec 2006 p. 5875.]\n\nNotes\n\n1 This is a compilation of the *Professional Standards Regulations 1998* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Professional Standards Regulations 1998* | 17 Apr 1998 p. 2050‑1 | 18 Apr 1998 (see r. 2 and *Gazette* 17 Apr 1998 p. 2045) |\n| **Reprint 1: The *Professional Standards Regulations 1998* as at 7 May 2004** | | |\n| *Professional Standards Amendment Regulations 2006* | 29 Dec 2006 p. 5873‑5 | 29 Dec 2006 |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nscheme year 4(1)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The source URL returned an error page with no legislative content. No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative content was retrievable — the page returned a 404-style error message rather than actual legislation","Complexity cannot be meaningfully assessed without access to the text","Score of 1 reflects the simplicity of the error page itself, not the underlying regulations"],"plain_english_summary":"These regulations (linked to the Professional Standards Act 1997 (WA)) would set out how limits on civil liability apply to members of approved professional bodies — e.g., rules for capping damages and conditions like minimum standards and insurance. They affect professionals subject to approved schemes and their clients, because they trade reduced liability exposure for enforced professional standards and consumer protections."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulations were expanded by 2006 amendments (see compilation notes). The original instrument imposed an application fee; amendments inserted an annual per-member fee regime, a power to remit fees and a delegation cap ($250), and a prescribed notification statement and font requirement (regs 4–6 inserted: Gazette 29 Dec 2006). Regulation 3 was also amended (subregulation deleted)."},"complexity_factors":["Small number of discrete provisions (fees, timing, remission, notification).","Fixed monetary amounts ($5,000 application; $50 per-member annual fee; $250 delegation cap) reduce calculation complexity.","Timing rules require tracking scheme commencement and quarterly windows for payments.","Counting rule: fee liability is per member ordinarily resident in the State while covered by the scheme.","Discretionary remission power with delegation introduces administrative decision-making and a capped delegated authority.","Prescribed mandatory wording and minimum font size for liability notices imposes a compliance specification.","Regulations operate by reference to the Professional Standards Act (dependency on the Act for scheme status)."],"plain_english_summary":"These regulations require occupational associations seeking approval (or amending a scheme) to pay a $5,000 application fee and, if a scheme is in force, to pay an annual $50 fee for each member ordinarily resident in Western Australia while they are covered by the scheme. The rules set quarterly payment deadlines, allow the Council to remit fees (and delegate limited remission power), and prescribe a short printed statement and minimum font size to notify limitation of liability."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing fees for scheme applications and maintenance, providing for fee remissions, and prescribing the required liability limitation notice. The 2006 amendments inserted the detailed fee structures and notification requirements but did not expand the scope beyond administrative implementation of the Act."},"complexity_factors":["Only 6 regulations total, with substantial content in just 4 of them","Single defined term ('scheme year' in regulation 4(1))","Simple fee structure: flat $5,000 application fee and $50 per member annual fee","Quarterly payment timing system in regulation 4 is the most complex element, using parallel structure for different commencement dates","Minimal cross-referencing (only references to the parent Act in regulation 6 and the compilation table)","No nested exceptions or conditional logic beyond the quarterly payment schedules"],"plain_english_summary":"This is a short set of rules made under Western Australia's Professional Standards Act 1997. It sets out the fees that professional associations must pay to have a 'scheme' approved, and the ongoing annual fees for members covered by such schemes.\n\n**What it does:**\n- **Application fee**: Professional associations must pay $5,000 when they apply to create, change, or cancel a professional standards scheme.\n- **Annual membership fees**: Associations must pay $50 per member per year for members who live in Western Australia and are covered by a scheme. The exact due date depends on when the scheme started or when the member joined.\n- **Fee relief**: The Council can waive or reduce fees in special cases, though staff can only waive up to $250 without higher approval.\n- **Required disclaimer**: Members must include a specific statement on documents to notify others that their liability is limited under the scheme. The text must read: \"Liability limited by a scheme approved under Professional Standards Legislation\" and be printed in at least 8-point Times New Roman font.\n\n**Who it affects:**\n- Professional associations (like accounting or engineering bodies) seeking to limit their members' legal liability through approved schemes.\n- The Professional Standards Council that administers these schemes.\n\n**Why it matters:**\nThese regulations put the financial and administrative machinery in place for the professional liability limitation system. Without paying these fees and displaying the required notice, associations cannot access the liability protections offered by the Act."}},"importantCases":[],"_links":{"self":"/api/acts/professional-standards-regulations-1998","history":"/api/acts/professional-standards-regulations-1998/history","analysis":"/api/acts/professional-standards-regulations-1998/analysis","conflicts":"/api/acts/professional-standards-regulations-1998/conflicts","importantCases":"/api/acts/professional-standards-regulations-1998/important-cases","documents":"/api/acts/professional-standards-regulations-1998/documents"}}