{"id":"professional-standards-regulations-2021","name":"Professional Standards Regulations 2021","slug":"professional-standards-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236789,"registerId":"sa-professional-standards-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Professional Standards Regulations 2021","content":"South Australia\nProfessional Standards Regulations 2021\nunder the Professional Standards Act 2004\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tFees\n5\tPeriod within which scheme may be challenged\n6\tNotification of limitation of liability\nSchedule 1—Fees\nSchedule 2—Revocation and transitional provisions\nPart 1—Preliminary\n1\tInterpretation\nPart 2—Revocation\n2\tRevocation of Professional Standards Regulations 2006\nPart 3—Transitional provisions\n3\tFees and interest\n4\tPeriod for challenge\n5\tForm of statement of limitation of liability\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Professional Standards Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Professional Standards Act 2004;\nprofessional standards legislation means the Act or a law of another State that is similar in effect to the Act.\n4—Fees\n\t(1)\tThe fees fixed by Schedule 1 are payable to the Council.\n\t(2)\tAn occupational association whose members are subject to a scheme in force under the Act must pay the annual fee in respect of each member of the association—\n\t(a)\tif the relevant scheme commences during the period of 3 months ending on 31 March in any year—not later than 31 March in each year; or\n\t(b)\tif the relevant scheme commences during the period of 3 months ending on 30 June in any year—not later than 30 June in each year; or\n\t(c)\tif the relevant scheme commences during the period of 3 months ending on 30 September in any year—not later than 30 September in each year; or\n\t(d)\tif the relevant 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\t(3)\tHowever, if at any time a scheme in force under the Act becomes applicable to an additional member of an occupational association, the association must pay the annual fee in respect of the additional member—\n\t(a)\tif the scheme becomes applicable to the member during the period of 3 months ending on 31 March in a year—not later than 31 March in the year; or\n\t(b)\tif the scheme becomes applicable to the member during the period of 3 months ending on 30 June in a year—not later than 30 June in the year; or\n\t(c)\tif the scheme becomes applicable to the member during the period of 3 months ending on 30 September in a year—not later than 30 September in the year; or\n\t(d)\tif the scheme becomes applicable to the member during the period of 3 months ending on 31 December in a year—not later than 31 January of the following year.\n\t(4)\tIf any part of the annual fee (including a payment required under subregulation (3)) is not paid within 30 days after it 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.\n\t(5)\tThe Council may, if it considers that there are special reasons for doing so in a particular case, remit (in whole or in part) either or both of the following:\n\t(a)\ta fee fixed by Schedule 1;\n\t(b)\tinterest payable under subregulation (4).\n\t(6)\tHowever, if the Council delegates its power under subregulation (5) to the Executive Officer of the Council, the maximum amount of a fee or interest that may be remitted is $250. \n5—Period within which scheme may be challenged\nFor the purposes of subsection (1) of section 16 of the Act, the prescribed period within which a person may apply to the Supreme Court for an order that a scheme referred to in that subsection is void is 2 months after the date on which the scheme comes into operation.\n6—Notification of limitation of liability\nFor the purposes of section 35(2) of the Act, the prescribed form of statement is the following statement printed or typewritten in a size not less than the face measurement of Times New Roman typeface in 8 point:\nLiability limited by a scheme approved under professional standards legislation.\nSchedule 1—Fees\n\n1\nFor an application by an occupational association—\n\n\n\t(a)\tfor approval of a scheme prepared under section 8 of the Act\n$5 000\n\n\t(b)\tfor an amendment to, or revocation of, such a scheme\n$5 000\n2\nAnnual fee payable in respect of each member of an occupational association subject to a scheme in force under the Act\n$50\nSchedule 2—Revocation and transitional provisions\nPart 1—Preliminary\n1—Interpretation\nIn this Schedule—\nthe revoked regulations means the Professional Standards Regulations 2006.\nPart 2—Revocation\n2—Revocation of Professional Standards Regulations 2006\nThe Professional Standards Regulations 2006 are revoked.\nPart 3—Transitional provisions\n3—Fees and interest\n\t(1)\tA fee payable under a provision of the revoked regulations relating to a scheme in force under the Act prior to the commencement of these regulations—\n\t(a)\tthat fell due before the commencement of these regulations; or\n\t(b)\tthat would, but for the commencement of these regulations, have fallen due after that commencement,\nthat has not been paid prior to the commencement of these regulations will, on the commencement of these regulations, be taken be so due and payable under the equivalent provision of these regulations. \n\t(2)\tInterest payable under a provision of the revoked regulations that fell due, but has not been paid, prior to the commencement of these regulations will after the commencement of these regulations be taken to be so due and payable (and, where applicable, continue to accrue) under the equivalent provision of these regulations.\n\t(3)\tA remittance of a fee or interest made pursuant to a provision of the revoked regulations will, on the commencement of these regulations, be taken to have been made under the equivalent provision of these regulations.\n4—Period for challenge\nWhere—\n\t(a)\ta scheme is in force under the Act prior to the commencement of these regulations; and\n\t(b)\tthe period prescribed under regulation 5 of the revoked regulations for an application to be made to the Supreme Court for the purposes of section 16(1) of the Act in relation to that scheme has not expired prior to the commencement of these regulations,\nthen on the commencement of these regulations the remainder of that period will be taken to be the prescribed period for the purposes of regulation 5 of these regulations.\n5—Form of statement of limitation of liability\nA statement referred to in section 35 of the Act that—\n\t(a)\twas printed on a document before the commencement of these regulations; and\n\t(b)\tcomplies with the requirements of regulation 6 of the revoked regulations in relation to such a statement,\nwill on the commencement of these regulations be taken to comply with the requirements of regulation 6 of these regulations in relation to such a statement.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n117\nGazette 12.8.2021 p3064 \n12.8.2021: r 2\n","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2006 Regulations and updates procedural and fee details but keeps the same regulatory scope: it governs fees, payment timing, late interest, remission powers, the contestability period and the prescribed liability notice for occupational associations under the Professional Standards Act. Transitional provisions preserve existing obligations and remaining challenge periods, so affected persons remain the same."},"complexity_factors":["Defined, limited set of monetary rules (application fee, amendment fee, $50 annual per‑member) with clear payable recipient (the Council).","Quarterly-based timing rules for when annual fees become due depending on scheme commencement or member addition, which creates calendar compliance complexity.","Late‑payment interest set as simple interest at 0.05% per day, requiring daily interest calculation until full payment.","Discretionary remission power for Council with a monetary cap ($250) if delegated to the Executive Officer, introducing administrative discretion and delegation rules.","A short prescribed challenge period (2 months) for court applications, which is a strict statutory deadline.","A mandatory, precisely worded statement and minimum font-size requirement for limitation-of-liability notices, imposing formatting compliance.","Revocation of prior regulations with transitional provisions that carry over unpaid fees, interest, remittances and remaining challenge periods, requiring cross-checking legacy obligations."],"plain_english_summary":"These regulations set the fees, payment schedules, late‑payment interest, limited remission powers and the exact wording/format for liability notices that apply to occupational associations running professional standards schemes, and revoke the 2006 regulations with transitional provisions. Associations pay application and per‑member annual fees to the Council; the Council can remit fees or interest (with a small delegation cap), and a two‑month statutory window is prescribed for court challenges — affecting cashflow, compliance deadlines and administrative work."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: administrative machinery for the Professional Standards Act 2004. The 2021 version is a direct replacement of the 2006 regulations with updated fees and identical structural provisions. No expansion of scope is evident."},"complexity_factors":["Only 2 defined terms in the main interpretation section ('Act' and 'professional standards legislation')","Straightforward fee structure with clear dollar amounts in Schedule 1","Simple conditional logic: four quarterly payment deadlines based on scheme commencement dates (regulation 4)","Single nested condition in regulation 4(6) regarding delegation and monetary cap","Transitional provisions in Schedule 2 are mechanical carry-overs from revoked 2006 regulations","No cross-references to external legislation beyond the parent Act","Prescribed form is a single sentence with specific font requirements"],"plain_english_summary":"These regulations set the administrative rules for South Australia's **Professional Standards Act 2004** — a law that lets professional bodies (like accountants, engineers, or lawyers) cap their members' liability for negligence through government-approved schemes.\n\n**What this does:**\n- **Sets fees** for professional associations wanting to run a liability-limiting scheme: $5,000 to apply for approval or to change a scheme, plus $50 per member each year\n- **Sets payment deadlines** — associations must pay annual fees based on when their scheme starts (quarterly deadlines throughout the year)\n- **Charges interest** on late fees (0.05% per day — roughly 18% per year)\n- **Lets the Council waive fees or interest** in special cases (capped at $250 if delegated to the Executive Officer)\n- **Sets a 2-month window** for anyone wanting to challenge a new scheme in the Supreme Court\n- **Mandates a specific disclaimer** that members must use on documents: *\"Liability limited by a scheme approved under professional standards legislation\"* (minimum 8-point Times New Roman)\n\n**Who it affects:**\n- **Occupational associations** (professional bodies) that want to limit their members' legal liability\n- **The Professional Standards Council** (the body that oversees these schemes)\n- **Consumers and clients** who deal with professionals using these liability caps — they must be told via the required disclaimer\n\n**Why it matters:**\nThis is essentially the \"price list and paperwork rules\" for a system that lets professionals limit how much they can be sued for. It ensures there's a consistent process for challenging schemes, clear notice to the public, and financial accountability from the associations running these schemes."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. The page returned an error, providing no information about the original or current intent of the regulations."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **Professional Standards Regulations 2021 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know about this type of legislation generally:\nProfessional Standards Regulations typically work alongside a Professional Standards Act to **limit the civil liability (legal financial responsibility) of certain professional groups** — such as lawyers, accountants, engineers, or architects — when clients suffer loss due to their work. They set out which occupational associations are covered, what insurance requirements apply, and what caps (maximum amounts) can be claimed against professionals.\n\n**If you need this legislation**, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly\n- Emailing OPCWeb@sa.gov.au to report the broken link\n- Checking the South Australian Government Gazette for the original publication"}},"importantCases":[],"_links":{"self":"/api/acts/professional-standards-regulations-2021","history":"/api/acts/professional-standards-regulations-2021/history","analysis":"/api/acts/professional-standards-regulations-2021/analysis","conflicts":"/api/acts/professional-standards-regulations-2021/conflicts","importantCases":"/api/acts/professional-standards-regulations-2021/important-cases","documents":"/api/acts/professional-standards-regulations-2021/documents"}}