{"id":"sa:professional-standards-act-2004","name":"Professional Standards Act 2004","slug":"sa-professional-standards-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438019,"registerId":"sa:professional-standards-act-2004-seed-1775954625384-p36e2f","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Professional Standards Act 2004","content":"South Australia\nProfessional Standards Act 2004\nAn Act to provide for the limitation of liability of members of occupational associations in certain circumstances; to facilitate improvement in the standards of services provided by those members; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects of Act\n4\tInterpretation\n5\tApplication of Act\n6\tRelationship of this Act to other laws\n7\tAct binds Crown\nPart 2—Limitation of liability\nDivision 1—Making, amendment and revocation of schemes\n8\tPreparation and approval of schemes\n9\tPublic notification of schemes\n10\tMaking of comments and submissions concerning schemes\n11\tConsideration of comments, submissions and other matters\n12\tPublic hearings\n13\tSubmission of approved schemes for gazettal\n14\tGazettal, tabling and disallowance of schemes\n15\tCommencement of schemes\n16\tChallenges to schemes\n17\tReview of schemes\n18\tAmendment and revocation of schemes\n18A\tNotification of revocation of schemes\n18B\tTermination of operation of interstate schemes in this jurisdiction\nDivision 2—Contents of schemes\n19\tPersons to whom scheme applies\n20\tOfficers or partners of persons to whom a scheme applies\n21\tEmployees of persons to whom a scheme applies\n22\tOther persons to whom a scheme applies\n23\tLimitation of liability by insurance arrangements\n24\tLimitation of liability by reference to amount of business assets\n25\tLimitation of liability by multiple of charges\n26\tSpecification of different limits of liability\n27\tCombination of provisions under sections 23, 24 and 25\n28\tAmount below which liability cannot be limited\n28A\tLiability in damages not reduced to below relevant limit\n29\tInsurance to be of requisite standard\nDivision 3—Effect of schemes\n30\tLimit of occupational liability by schemes\n31\tLimitation of amount of damages\n32\tEffect of scheme on other parties to proceedings\n33\tProceedings to which a scheme applies\n34\tDuration of scheme\n35\tNotification of limitation of liability\nPart 3—Compulsory insurance\n36\tOccupational association may compel its members to insure\n37\tMonitoring claims\nPart 4—Risk management\n38\tRisk management strategies\n39\tReporting\n40\tCompliance audits\nPart 5—Complaints and disciplinary matters\n41\tComplaints and discipline code\nPart 6—The Professional Standards Council\nDivision 1—Establishment of Council\n42\tEstablishment of Council\nDivision 2—Membership and procedure of Council\n43\tMembership of Council\n44\tProvisions relating to members of Council\n45\tProvisions relating to procedure of Council\nDivision 3—Functions of Council\n46\tFunctions of Council\n46A\tCooperation with authorities in other jurisdictions\nDivision 4—Miscellaneous\n47\tRequirement to provide information\n48\tReferral of complaints\n49\tCommittees of Council\n50\tEngagement of consultants\n51\tAccountability of Council\n52\tProfessional Standards Council Fund\nPart 7—Miscellaneous\n53\tCharacterisation of Act\n54\tNo contracting out of Act\n55\tNo limitation on other insurance\n56\tMinister's power of delegation\n57\tRegulations\n58\tReview of Act\nSchedule 1—Model code\n1\tCitation\n2\tDefinitions\n3\tWhat actions may be the subject of a complaint?\n4\tWho may make a complaint?\n5\tHow is a complaint made?\n6\tWhat happens after a complaint is made?\n7\tWhat action may be taken after a hearing into a complaint?\n8\tNotices of decisions\n9\tWhat rights of representation do parties to a complaint have?\n10\tHow may the functions of the occupational association under this Code be exercised?\n11\tImmunity\nSchedule 2—Provisions relating to members of Council\n1\tChairperson and Deputy Chairperson of Council\n2\tDeputies of members\n3\tTerm of office\n4\tAllowances\n5\tVacancy in office of member\n6\tFilling of vacancy in office of member\nSchedule 3—Provisions relating to the procedure of the Council\n1\tGeneral procedure\n2\tQuorum\n3\tPresiding member\n4\tVoting\n5\tFirst meeting\nSchedule 4—Validation of certain schemes etc\n1\tInterpretation\n2\tValidation of schemes etc\n3\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Professional Standards Act 2004.\n3—Objects of Act\nThe objects of this Act are—\n\t(a)\tto enable the creation of schemes to limit the civil liability of professionals and others; and\n\t(b)\tto facilitate the improvement of occupational standards of professionals and others; and\n\t(c)\tto protect the consumers of the services provided by professionals and others; and\n\t(d)\tto establish the Professional Standards Council to supervise the preparation and approval of schemes and to assist in the improvement of occupational standards and protection of consumers.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nanother jurisdiction means a State or Territory of the Commonwealth, other than this jurisdiction;\nappropriate 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;\nbusiness 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;\ncorresponding 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;\ncosts includes fees, charges, disbursements and expenses;\nCouncil means the Professional Standards Council established by this Act;\ncourt includes a tribunal and an arbitrator;\ndamages means—\n\t(a)\tdamages awarded in respect of a claim or counter-claim or claim by way of set-off; and\n\t(b)\tcosts 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\t(c)\tany interest payable in respect of those damages or costs;\nexercise of a function includes, where the function is a duty, the performance of the duty;\nfunction includes a power, authority and duty;\ninterstate scheme means a scheme—\n\t(a)\tthat has been prepared under the corresponding law of another jurisdiction; and\n\t(b)\tthat operates, or indicates an intention to operate, as a scheme of this jurisdiction;\njudgment includes—\n\t(a)\ta judgment given by consent; and\n\t(b)\ta determination of a tribunal; and\n\t(c)\tan award of an arbitrator;\noccupational association means a body corporate—\n\t(a)\twhich represents the interests of persons who are members of the same occupational group; and\n\t(b)\tthe membership of which is limited principally to members of that occupational group;\noccupational group includes a professional group and a trade group;\noccupational liability means civil liability arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted to be done by a member of an occupational association acting in the performance of his or her occupation;\npartner means a person who is in a partnership within the meaning of the Partnership Act 1891;\nscheme means a scheme for limiting the occupational liability of members of an occupational association, and includes an interstate scheme;\nthis jurisdiction means South Australia.\n\t(2)\tA reference in this Act to the amount payable under an insurance policy in respect of an occupational liability includes a reference to—\n\t(a)\tdefence 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 1 sum insured under the policy in respect of the occupational liability; and\n\t(b)\tthe amount payable under or in relation to the policy by way of excess.\n5—Application of Act\n\t(2)\tThis Act applies to civil liability in damages (in tort, contract or otherwise), except for civil liability in damages arising from any of the following:\n\t(a)\tthe death of, or personal injury to, a person;\n\t(b)\tanything done or omitted to be done by a legal practitioner in acting for a client in a personal injury claim;\n\t(c)\tan intentional tort;\n\t(d)\ta breach of trust;\n\t(e)\tfraud or dishonesty.\n\t(3)\tThis Act does not apply to liability which may be the subject of proceedings under Part 18 of the Real Property Act 1886.\n\t(4)\tThis Act does not apply to any cause of action arising under, or with respect to, a contract, or contractual relations, entered into before the commencement of this Act (whether or not the action lies in contract) unless the parties, after the commencement of this Act, vary the relevant contract so as to make express provision for the application of this Act.\n6—Relationship of this Act to other laws\n\t(1)\tIf a provision made by or under Part 3, 4 or 5 of this Act is inconsistent with a provision made by or under any other Act, that other provision prevails and the provision made by or under this Act is (to the extent of the inconsistency) of no force or effect.\n\t(2)\tExcept as provided by subsection (1), this Act has effect despite any law to the contrary.\n7—Act binds Crown\n\t(1)\tThis Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tNothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.\nPart 2—Limitation of liability\nDivision 1—Making, amendment and revocation of schemes\n8—Preparation and approval of schemes\n\t(1)\tAn occupational association may prepare a scheme.\n\t(2)\tThe Council may, on the application of an occupational association, prepare a scheme.\n\t(3)\tThe Council may, on the application of an occupational association, approve a scheme prepared under this section.\n\t(4)\tA 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.\n9—Public notification of schemes\n\t(1)\tBefore approving a scheme, the Council must publish a notice in a daily newspaper circulating throughout the State—\n\t(a)\texplaining the nature and significance of the scheme; and\n\t(b)\tadvising where a copy of the scheme may be obtained or inspected; and\n\t(c)\tinviting comments and submissions within a specified time, but not less than 28 days after publication of the notice.\n\t(2)\tIf 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.\n10—Making of comments and submissions concerning schemes\n\t(1)\tAny person may make a comment or submission to the Council concerning a scheme of which notice has been published under section 9.\n\t(2)\tA 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.\n11—Consideration of comments, submissions and other matters\n\t(1)\tBefore approving a scheme, the Council must consider the following:\n\t(a)\tall comments and submissions made to it in accordance with section 10;\n\t(b)\tthe position of persons who may be affected by limiting the occupational liability of members of the occupational association concerned;\n\t(c)\tthe nature and level of claims relating to occupational liability made against members of the occupational association concerned;\n\t(d)\tthe risk management strategies of the occupational association concerned;\n\t(e)\tthe means by which those strategies are intended to be implemented;\n\t(f)\tthe cost and availability of insurance against occupational liability for members of the occupational association concerned;\n\t(g)\tthe standards (referred to in section 29) determined by the occupational association concerned in relation to insurance policies;\n\t(h)\tthe provisions contained in the proposed scheme for the making and determination of complaints and the imposition and enforcement of disciplinary measures against members of the occupational association concerned,\nand may consider such other matters as the Council thinks fit.\n\t(2)\tIf the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction—\n\t(a)\tthe 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\t(b)\tthe 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.\n12—Public hearings\n\t(1)\tThe Council may conduct a public hearing concerning a scheme if the Council thinks it appropriate.\n\t(2)\tA public hearing may be conducted in such manner as the Council determines.\n13—Submission of approved schemes for gazettal\n\t(1)\tThe Council may submit a scheme approved by it to the Minister.\n\t(2)\tIf 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.\n14—Gazettal, tabling and disallowance of schemes\n\t(1)\tThe Minister may, after taking into account such matters as the Minister thinks fit, 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\t(2)\tSections 10 (other than subsection (1)) and 10A of the Subordinate Legislation Act 1978 apply to a scheme published in the Gazette under subsection (1) as though—\n\t(a)\tthe scheme were a regulation; and\n\t(b)\tthe regulation had been made when the scheme was published in the Gazette.\n\t(3)\tThe Minister does not incur any liability for or in respect of a scheme in consequence of its authorisation, commencement or continued operation.\n\t(4)\tIn this section, a reference to an interstate scheme includes a reference to an instrument amending an interstate scheme.\nNote—\nSubsection (4) applies subsections (1), (2) and (3) to instruments that amend an interstate scheme. Those subsections already apply, by virtue of section 18(5), to instruments that amend a scheme that is not an interstate scheme.\n15—Commencement of schemes\n\t(1)\tA scheme published in the Gazette with the authorisation of the Minister commences—\n\t(a)\ton such day after the date of its publication as may be specified by the Minister by notice in the Gazette; or\n\t(b)\tif no such day is specified—2 months after the date of its publication.\n\t(2)\tThis section is subject to any order of the Supreme Court under section 16 and any order made by the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction.\n\t(3)\tIn this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.\n16—Challenges to schemes\n\t(1)\tA person who is, or is reasonably likely to be, affected by a scheme published as referred to in section 14 (including a person who is or is reasonably likely to be affected by a scheme that operates as a scheme of another jurisdiction) may, at any time before the expiration of the prescribed period, apply to the Supreme Court for an order that the scheme is void for want of compliance with this Act.\n\t(2)\tThe Court may, on the making of the application or at any later time before the scheme commences, order that the commencement of the scheme is stayed until further order of the Court.\n\t(3)\tThe Court, in relation to an application, may—\n\t(a)\tmake an order that a scheme is void for want of compliance with this Act; or\n\t(b)\tdecline to make such an order; or\n\t(c)\tgive 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\t(d)\tmake any other order it thinks fit.\n\t(4)\tThe 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\t(5)\tThis section does not prevent a scheme from being challenged or called into question otherwise than under this section.\n\t(6)\tIn this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.\n17—Review of schemes\n\t(1)\tThe Minister may direct the Council to review the operation of a scheme.\n\t(2)\tThe 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\t(3)\tA review may, but need not, be conducted in order to decide—\n\t(a)\tin 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\t(b)\tin the case of an interstate scheme—whether the operation of the scheme should be terminated in relation to this jurisdiction.\n\t(4)\tWithout limiting subsection (2), the Council may review the operation of a scheme that relates to the members of an occupational association if the association proposes under section 29 an alteration in the standards applying in relation to an insurance policy or kind of insurance policy that would, in the opinion of the Council, result in less stringent standards.\n18—Amendment and revocation of schemes\n\t(1)\tAn occupational association may prepare an instrument amending or revoking a scheme that relates to its members.\n\t(2)\tThe 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\t(3)\tThe Minister may direct the Council to prepare an instrument amending or revoking a scheme.\n\t(4)\tThe 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\t(5)\tThe provisions of sections 8 to 16 extend, with any necessary modifications, to the amendment of a scheme by an instrument under this section.\n\t(6)\tThe provisions of sections 8 to 15 (other than section 13(2)) extend, with any necessary modifications, to the revocation of a scheme by an instrument under this section.\n\t(7)\tThis section does not apply to an interstate scheme.\nNote—\nAn instrument that amends a scheme operating in another jurisdiction may be submitted to the Minister administering the corresponding law of that jurisdiction under section 13 with a view to its being published under that law. An instrument made under that 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 14. \n18A—Notification of revocation of schemes\n\t(1)\tOn 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\t(2)\tOn 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.\nNote—\nUnder section 34(1a), an interstate scheme will cease to have effect in this jurisdiction when it ceases to have effect in the other jurisdiction.\n18B—Termination of operation of interstate schemes in this jurisdiction\n\t(1)\tThe 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\t(2)\tThe Minister may direct the Council to prepare an instrument terminating the operation of an interstate scheme in relation to this jurisdiction.\n\t(3)\tThe 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\t(4)\tThe provisions of sections 9 to 14 (other than section 13(2)) extend, with any necessary modifications, to the termination of the operation of an interstate scheme under an instrument under this section.\n\t(5)\tThe operation of an interstate scheme in respect of which an instrument under this section is published under section 14 (as applied by subsection (4)) is terminated, in relation to this jurisdiction, as from—\n\t(a)\tsuch day subsequent to the date of its publication as may be specified in the instrument; or\n\t(b)\tif no such day is specified—2 months after the date of its publication.\nDivision 2—Contents of schemes\n19—Persons to whom scheme applies\n\t(1)\tA scheme may provide that it applies to—\n\t(a)\tall persons within an occupational association; or\n\t(b)\ta specified class or classes of persons within an occupational association.\n\t(2)\tA scheme may provide that the occupational association concerned may, on application by a person, exempt the person from the scheme.\n\t(3)\tA scheme ceases to apply to a person exempted from the scheme as referred to in subsection (2)—\n\t(a)\ton and from the date on which the exemption is granted; or\n\t(b)\ton and from a later date specified in the exemption.\n\t(4)\tSubsection (2) does not apply to a person to whom a scheme applies by virtue of section 20, 21 or 22.\n20—Officers or partners of persons to whom a scheme applies\n\t(1)\tIf a scheme applies to a body corporate, the scheme also applies to each officer of the body corporate.\n\t(2)\tIf a scheme applies to a person, the scheme also applies to each partner of the person.\n\t(3)\tHowever, 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\t(4)\tIn this section—\nofficer —\n\t(a)\tin relation to a body corporate that is a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, has the same meaning as in section 82A of that Act; and\n\t(b)\tin 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.\n21—Employees of persons to whom a scheme applies\n\t(1)\tIf a scheme applies to a person, the scheme also applies to each employee of the person.\n\t(2)\tHowever, 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 that employee.\n22—Other persons to whom a scheme applies\nIf persons are prescribed by the regulations for the purposes of section 31(4) as being associated with persons to whom a scheme applies, the scheme also applies to the prescribed persons.\n23—Limitation of liability by insurance arrangements\nA 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\t(a)\tthe person has the benefit of an insurance policy insuring the person against the occupational liability to which the cause of action relates; and\n\t(b)\tthe 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,\nthe person is not liable in damages in relation to that cause of action above the amount of that monetary ceiling.\n24—Limitation of liability by reference to amount of business assets\nA 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\t(a)\tthat 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\t(b)\tthat—\n\t(i)\tthe person has business assets and the benefit of an insurance policy that insures the person against that occupational liability; and\n\t(ii)\tthe 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,\nthe person is not liable in damages in relation to that cause of action above the amount of the monetary ceiling so specified.\n25—Limitation of liability by multiple of charges\n\t(1)\tA 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\t(a)\tthat the person has the benefit of an insurance policy—\n\t(i)\tthat insures the person against that occupational liability; and\n\t(ii)\tunder 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\t(b)\tthat the person has business assets the net current market value of which is not less than the limitation amount; or\n\t(c)\tthat—\n\t(i)\tthe person has business assets and the benefit of an insurance policy that insures the person against that occupational liability; and\n\t(ii)\tthe 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,\nthe 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\t(2)\tIn determining the amount of a reasonable charge for the purposes of a provision made under subsection (1), a court is to have regard to any amount actually charged and to—\n\t(a)\tthe 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\t(b)\tif 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\t(3)\tThis 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.\n26—Specification of different limits of liability\nA scheme may—\n\t(a)\tspecify 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\t(b)\tconfer 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.\n27—Combination of provisions under sections 23, 24 and 25\nIf, in a scheme, provisions of the kind referred to in section 25 and provisions of the kind referred to in section 23 or 24 (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 25 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 23 or 24.\n28—Amount below which liability cannot be limited\n\t(1)\tThe amount of any limitation under a scheme affecting a liability for damages arising from a single claim (including a claim by a person who has 2 or more causes of action arising out of a single event) will be 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\t(2)\tIn making a determination, the Council must have regard to—\n\t(a)\tthe number and amounts of claims made against persons within the occupational association concerned; and\n\t(b)\tthe need to adequately protect consumers.\n\t(3)\tA Council determination applies only to a cause of action founded on an act or omission arising after the determination takes effect.\n28A—Liability in damages not reduced to below relevant limit\nThe 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.\nNote—\nSection 4(2) permits a defence costs inclusive policy for the purposes of the Act, which may reduce the amount available to be paid to a client in respect of occupational liability covered by the policy. Section 28A 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.\n29—Insurance to be of requisite standard\n\t(1)\tFor 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.\n\t(2)\tWhile a scheme remains in force relating to its members, if an occupational association proposes to alter the standards previously determined by it in relation to an insurance policy or a kind of insurance policy, it must submit the proposal to the Council for approval.\n\t(3)\tThe Council may approve, or refuse to approve, a proposal submitted to it under subsection (2).\nNote—\nThe Council may review the scheme under section 17 when the occupational association proposes less stringent insurance standards.\n\t(4)\tIf the Council refuses to approve the proposal, the standards remain as previously determined by the occupational association.\nDivision 3—Effect of schemes\n30—Limit of occupational liability by schemes\n\t(1)\tTo 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\t(2)\tThe 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\t(3)\tA 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 proceedings are brought in respect of it, and even if the scheme has been amended or has, in accordance with section 34, ceased to be in force.\n\t(4)\tA 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 19(2).\n31—Limitation of amount of damages\n\t(1)\tA 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\t(2)\tSeparate claims by 2 or more persons who have a joint interest in a cause of action founded on the same act or omission are to be treated as a single claim for the purposes of this Act.\n\t(3)\t2 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\t(4)\tPersons are associated if they are—\n\t(a)\tofficers of the same body corporate (within the meaning of section 20); or\n\t(b)\tpartners, employees of the same employer or in the relationship of employer and employee; or\n\t(c)\tpersons who are prescribed by the regulations for the purposes of this subsection.\n32—Effect of scheme on other parties to proceedings\nA scheme does not limit the liability of a person who is a party to proceedings if the scheme does not apply to the person.\n33—Proceedings to which a scheme applies\nA scheme in force under this Act applies to proceedings relating to an act or omission that occurred after the commencement of the scheme.\n34—Duration of scheme\n\t(1)\tA scheme must specify the period (not exceeding 5 years) for which it is to remain in force after its commencement.\n\t(1a)\tSubject to subsection (2)—\n\t(a)\ta scheme that is an interstate scheme remains in force in this jurisdiction until—\n\t(i)\tthe period specified under subsection (1) ends; or\n\t(ii)\tthe scheme's operation in relation to this jurisdiction is terminated under section 18B; or\n\t(iii)\tthe scheme ceases to have effect in the jurisdiction in which it was prepared; or\n\t(iv)\tthe scheme is disallowed under section 10 of the Subordinate Legislation Act 1978; and\n\t(b)\tany other scheme remains in force until—\n\t(i)\tthe period specified under subsection (1) ends; or\n\t(ii)\tthe scheme is revoked; or\n\t(iii)\tthe scheme's operation ceases because of the operation of another Act; or\n\t(iv)\tthe scheme is declared void, either by an order made by the Supreme Court under section 16 or by an order made by the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction; or\n\t(v)\tthe scheme is disallowed under section 10 of the Subordinate Legislation Act 1978.\n\t(2)\tThe Minister may, by notice published in the Gazette, extend the period for which a scheme is in force.\n\t(3)\tA notice under subsection (2) must be published on or before the day when the original period ends.\n\t(4)\tOnly 1 extension may be effected under subsection (2) in respect of any particular scheme, and the maximum period of such an extension is 12 months.\n35—Notification of limitation of liability\n\t(1)\tIf the occupational liability of a person is limited in accordance with this Part, the person must ensure—\n\t(a)\tthat all documents (other than business cards) given, or caused to be given, by the person to a client or prospective client that promote or advertise the person or the person's business, including official correspondence ordinarily used by the person in the performance of the person's occupation and similar documents, carry a statement indicating that the person's liability is so limited; and\n\t(b)\tthat any website maintained by (or on behalf of) the person to promote the person's business carries a statement indicating that the person's liability is so limited.\nMaximum penalty: $20 000.\n\t(2)\tThe regulations may prescribe a form of statement for the purposes of this section.\n\t(3)\tA person does not commit an offence against subsection (1) if the statement carried on the person's documents or website (as the case may be) is in the prescribed form.\n\t(4)\tIf the occupational liability of a person is limited in accordance with this Part, the person must ensure that a copy of the scheme concerned is given, or caused to be given, to any client or prospective client who requests a copy.\nMaximum penalty: $5 000.\n\t(5)\tFor the purposes of this section, a client is a person who engages another to carry out certain work (and, if the person is acting on behalf of a third person, then the person will be taken to be the client rather than the third person).\nPart 3—Compulsory insurance\n36—Occupational association may compel its members to insure\n\t(1)\tAn occupational association may require its members to hold insurance against occupational liability.\n\t(2)\tSuch a requirement may be imposed as a condition of membership or otherwise.\n\t(3)\tThe occupational association may set the standards with which the insurance must comply (for example, as to the amount of the insurance).\n\t(4)\tThe occupational association may specify different standards of insurance for different classes of members.\n\t(5)\tThe standards are in addition to other statutory requirements and must not be inconsistent with them.\n37—Monitoring claims\n\t(1)\tAn occupational association may establish a committee for monitoring and analysing claims made against its members for occupational liability or 2 or more occupational associations may establish a common committee for that purpose.\n\t(2)\tIt 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\t(3)\tAn occupational association may, through such a committee or otherwise, issue practice advice to its members with a view to minimising claims for occupational liability.\n\t(4)\tA committee may request an insurer to give it any information or a copy of any document that the committee considers will assist it in carrying out its function.\nPart 4—Risk management\n38—Risk management strategies\n\t(1)\tIf an occupational association seeks the approval of the Council under section 8 to a scheme, it must furnish the Council with—\n\t(a)\ta detailed list of the risk management strategies intended to be implemented in respect of its members; and\n\t(b)\tdetailed information about the means by which those strategies are intended to be implemented.\n\t(2)\tThe means of implementation may be imposed as a condition of membership or otherwise.\n\t(3)\tThe strategies are to apply in addition to other statutory requirements and must not be inconsistent with them.\n39—Reporting\n\t(1)\tAn occupational association must provide information to the Council concerning its risk management strategies if requested to do so by the Council.\n\t(2)\tAn 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\t(3)\tAn occupational association's annual report must include details of any findings made, or conclusions drawn, by a committee established by it (whether solely or jointly with another association or 2 or more other associations) under section 37.\n\t(4)\tThe occupational association's annual report is to be incorporated into the Council's annual report in such form as the Council determines.\n40—Compliance audits\n\t(1)\tAn audit (a compliance audit) of the compliance of members, or of specified members or a specified class or classes of members, of an occupational association with the association's risk management strategies—\n\t(a)\tmay be conducted at any time by the Council or the association; or\n\t(b)\tmust be conducted by the association if requested to do so by the Council.\n\t(2)\tIf a compliance audit is conducted by the Council—\n\t(a)\tthe occupational association must give, and ensure that its members give, the Council any information or a copy of any document that the Council reasonably requests in connection with the conduct of the audit; and\n\t(b)\tthe Council must provide a copy of a report of the audit to the association.\n\t(3)\tIf a compliance audit is conducted by the occupational association, it must provide a copy of a report of the audit to the Council.\nPart 5—Complaints and disciplinary matters\n41—Complaints and discipline code\n\t(1)\tA 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\t(2)\tThe 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\t(a)\tthe establishment of committees for the purpose of implementing the Model Code or any of its provisions;\n\t(b)\tthe procedure at meetings of any such committee;\n\t(c)\twhether any such committee may administer an oath;\n\t(d)\tthe application or exclusion of the rules of, and practice relating to, evidence;\n\t(e)\tthe grounds on which a complaint may be made;\n\t(f)\tthe verification of complaints by statutory declaration;\n\t(g)\tthe suspension of members from membership or from practice;\n\t(h)\tthe imposition of fines;\n\t(i)\tthe making of appeals;\n\t(j)\tthe exchanging of information with other occupational associations (within or outside South Australia).\n\t(3)\tThe provisions are in addition to other relevant statutory schemes (if any) and must not be inconsistent with them.\nPart 6—The Professional Standards Council\nDivision 1—Establishment of Council\n42—Establishment of Council\n\t(1)\tThe Professional Standards Council is established.\n\t(2)\tThe Council—\n\t(a)\tis a body corporate with perpetual succession;\n\t(b)\thas a common seal;\n\t(c)\tmay sue and be sued in its corporate name;\n\t(d)\tmay acquire, hold and dispose of real and personal property;\n\t(e)\tmay do and suffer all acts and things that a body corporate may by law do and suffer.\n\t(3)\tAll courts must take judicial notice of the common seal of the Council affixed to a document and, until the contrary is proved, must presume that it was duly affixed.\n\t(4)\tThe common seal of the Council must be kept in such custody as the Council directs and must not be used except as authorised by it.\nDivision 2—Membership and procedure of Council\n43—Membership of Council\n\t(1)\tThe Council is to consist of up to 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.\n\t(2)\tAn act or decision of the Council is not invalid merely because of—\n\t(a)\ta defect or irregularity in, or in connection with, the appointment of a member; or\n\t(b)\ta vacancy in the membership of the Council.\n44—Provisions relating to members of Council\nSchedule 2 has effect with respect to the members of the Council.\n45—Provisions relating to procedure of Council\nSchedule 3 has effect with respect to the procedure of the Council.\nDivision 3—Functions of Council\n46—Functions of Council\n\t(1)\tThe Council has the following functions—\n\t(a)\tto give advice to the Minister concerning—\n\t(i)\tthe 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\t(ii)\tthe operation of this Act;\n\t(iii)\tany other matter relating to the occupational liability of members of occupational associations;\n\t(b)\tto give advice to occupational associations concerning policies of insurance for the purposes of Part 2;\n\t(c)\tto encourage and assist in the improvement of occupational standards of members of occupational associations;\n\t(d)\tto encourage and assist in the development of self-regulation of occupational associations, including the giving of advice and assistance concerning the following:\n\t(i)\tcodes of ethics;\n\t(ii)\tcodes of practice;\n\t(iii)\tquality management;\n\t(iv)\trisk management;\n\t(v)\tresolution of complaints by clients;\n\t(vi)\tvoluntary mediation services;\n\t(vii)\tmembership requirements;\n\t(viii)\tdiscipline of members;\n\t(ix)\tcontinuing occupational education;\n\t(e)\tto monitor the occupational standards of members of occupational groups;\n\t(f)\tto monitor the compliance by an occupational association with its risk management strategies;\n\t(g)\tto publish advice and information concerning the matters referred to in this section;\n\t(h)\tto conduct forums, approved by the Minister, on issues of interest to members of occupational groups;\n\t(i)\tto collect, analyse and provide the Minister with information on issues and policies concerning the standards of occupational groups.\n\t(2)\tThe Council is not empowered to give advice concerning occupational standards prescribed by another Act, or by regulations under another Act.\n\t(3)\tAny advice given to the Minister by the Council may be given either at the request of the Minister or without any such request.\n\t(4)\tThe Council has such other functions as are conferred or imposed on it by or under this or any other Act or law.\n46A—Cooperation with authorities in other jurisdictions\nFor 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\t(a)\tmay, in the exercise of its functions under this Act, act in conjunction with the appropriate Council for the other jurisdiction; and\n\t(b)\tmay act in conjunction with the appropriate Council for the other jurisdiction in the exercise of the Council's functions under the corresponding law of that jurisdiction.\nDivision 4—Miscellaneous\n47—Requirement to provide information\n\t(1)\tThe Council may, by notice in writing, require an occupational association—\n\t(a)\twhose members are subject to a scheme in force under this Act; or\n\t(b)\twhich seeks the approval of the Council under section 8 to a scheme, or an amendment to or revocation of a scheme,\nto provide information to it which it may reasonably require in order to exercise its functions.\n\t(2)\tAn occupational association must comply with a notice under this section.\nMaximum penalty: $10 000.\n48—Referral of complaints\n\t(1)\tAn 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 35 or an offence against the regulations.\n\t(2)\tAn occupational association must provide information to the Council on—\n\t(a)\tany complaint or other evidence covered by subsection (1) that it did not refer to the Council; and\n\t(b)\tparticulars of any action taken by it in respect of any such complaint or other evidence and of the outcome of that action.\n\t(3)\tNothing 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.\n49—Committees of Council\n\t(1)\tThe Council may, with the approval of the Minister, establish committees to assist it in the exercise of its functions.\n\t(2)\tIt does not matter that any or all of the members of a committee are not members of the Council.\n\t(3)\tThe 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.\n50—Engagement of consultants\nThe Council, or a committee established under section 49, may engage as consultants to it persons with suitable qualifications and experience either in an honorary capacity or for remuneration.\n51—Accountability of Council\n\t(1)\tThe Council must exercise its functions subject to—\n\t(a)\tthe general direction and control of the Minister; and\n\t(b)\tany specific written directions given to it by the Minister.\n\t(2)\tWithout limiting subsection (1)(b), a direction under that subsection may require the Council to give the Minister, or provide the Minister with access to, information in its possession about a matter or class of matter specified in the direction.\n52—Professional Standards Council Fund\n\t(1)\tThere will be a fund kept in a separate account at the Treasury to be called the Professional Standards Council Fund.\n\t(2)\tThe fund will consist of—\n\t(a)\tany money appropriated by the Parliament for the purposes of the fund; and\n\t(b)\tany fees paid to the Council under this Act; and\n\t(c)\tany other money lawfully received by, made available to, or paid to, the Council.\n\t(3)\tThe money standing to the credit of the fund is to be applied as directed by the Council in the payment of the expenses incurred by it, or by a committee established by it under section 49, in carrying out its functions.\nPart 7—Miscellaneous\n53—Characterisation of Act\nThe provisions of this Act are to be regarded as part of the substantive law of the State.\n54—No contracting out of Act\n\t(1)\tThis Act applies in relation to a person to whom a scheme in force under this Act applies despite any contract to the contrary. \n\t(2)\tSubsection (1) does not apply to a contract entered into before the commencement of this Act.\n55—No limitation on other insurance\nNothing in this Act limits the insurance arrangements a person may make apart from those made for the purposes of this Act.\n56—Minister's power of delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this or any other Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n57—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe fees for applications to the Council under this Act;\n\t(b)\tprescribe an annual fee to be paid to the Council by an occupational association whose members are subject to a scheme in force under this Act and, in respect of any such fee—\n\t(i)\tprovide for the collection of the fee;\n\t(ii)\tprovide that interest, at the prescribed rate, is payable on any fee not paid in accordance with the regulations;\n\t(iii)\tprovide for the remission of any fee;\n\t(c)\timpose a penalty, not exceeding $5 000, for a contravention of, or failure to comply with, a regulation.\n\t(3)\tA regulation under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(b)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Council or any other person or body prescribed by the regulations;\n\t(c)\tmay, in relation to fees, prescribe differential fees, or provide for fees to be determined according to prescribed factors.\n58—Review of Act\n\t(1)\tThe Minister must cause a review of this Act to be undertaken to determine whether the policy objectives of this Act remain valid and whether the terms of this Act remain appropriate for securing those objectives.\n\t(2)\tThe review is to be undertaken as soon as possible after the period of 5 years from the commencement of the Act.\n\t(3)\tThe Minister must cause a report of the outcome of the review to be tabled in both Houses of Parliament within 12 months after the end of the period of 5 years.\nSchedule 1—Model code\n1—Citation\nThis Code may be cited as the Occupational Associations (Complaints and Discipline) Code.\n2—Definitions\nIn this Code—\nCouncil means the Professional Standards Council established by the Professional Standards Act 2004.\n3—What actions may be the subject of a complaint?\n\t(1)\tA complaint may be made that a member of the occupational association has acted (or has failed to act) in such a way as to justify the taking of disciplinary action against the member under this Code.\n\t(2)\tA complaint may be made and dealt with even though the person about whom it is made has ceased to be a member.\n4—Who may make a complaint?\nAny person may make a complaint (including the occupational association and the Council).\n5—How is a complaint made?\n\t(1)\tA complaint may be made to the occupational association.\n\t(2)\tThe complaint must be in writing and contain the particulars of the allegations on which it is founded.\n\t(3)\tThe occupational association must notify the Council of each complaint made to it (other than a complaint made by the Council).\n6—What happens after a complaint is made?\n\t(1)\tThe occupational association must consider a complaint as soon as practicable after the complaint is made to it or notified to it by the Council.\n\t(2)\tThe occupational association may then do any 1 or more of the following:\n\t(a)\tit may require the complainant to provide further particulars of the complaint;\n\t(b)\tit may carry out an investigation into the complaint;\n\t(c)\tit may attempt to resolve the complaint by conciliation;\n\t(d)\tit may decline to entertain the complaint (because, for example, the complaint is frivolous, vexatious, misconceived or lacking in substance);\n\t(e)\tit may conduct a hearing into the complaint.\n\t(3)\tThe occupational association is bound by the rules of natural justice in the conduct of a hearing into the complaint.\n7—What action may be taken after a hearing into a complaint?\n\t(1)\tAfter an occupational association has conducted a hearing into a complaint against a person, it may, if it finds the complaint substantiated, do any 1 or more of the following:\n\t(a)\tcaution or reprimand the person;\n\t(b)\timpose conditions relating to the carrying out of the person's occupation;\n\t(c)\trequire the person to complete specified courses of training or instruction;\n\t(d)\trequire the person to report concerning the carrying out of his or her occupation at the times, in the manner and to the persons specified by the occupational association;\n\t(e)\torder the person to obtain advice concerning the carrying out of his or her occupation from such persons as are specified by the occupational association;\n\t(f)\texpel the person from membership of the occupational association.\n\t(2)\tIf the occupational association does not find the complaint substantiated, it must dismiss the complaint.\n\t(3)\tThe occupational association is not entitled to make an award of compensation.\n8—Notices of decisions\n\t(1)\tWithin 30 days after a decision is made by an occupational association concerning a complaint, the complainant and the person against whom the complaint is made must be given a written statement of the decision.\n\t(2)\tThe statement must include the reasons for the decision.\n9—What rights of representation do parties to a complaint have?\nThe complainant and the person against whom the complaint is made are not entitled to legal representation during attempts to resolve the complaint by conciliation, but are entitled to legal representation during a hearing into the complaint.\n10—How may the functions of the occupational association under this Code be exercised?\nA function of an occupational association under this Code may, in accordance with a resolution of the association, be exercised by the executive body of the association or by a person or persons appointed by that resolution for the purpose.\n11—Immunity\n\t(1)\tA member of the executive body of an occupational association or a person acting in accordance with a resolution of an occupational association is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tfor the purpose of implementing this Code; or\n\t(b)\tin the reasonable belief that the act or omission was for the purpose of implementing this Code.\n\t(2)\tAny liability resulting from an act or omission that, but for subclause (1), would attach to a person attaches instead to the occupational association.\nSchedule 2—Provisions relating to members of Council\n1—Chairperson and Deputy Chairperson of Council\n\t(1)\tThe Minister is to appoint 2 of the members of the Council (in and by their respective instruments of appointment or in and by other instruments executed by the Minister) as Chairperson and Deputy Chairperson of the Council, respectively.\n\t(2)\tThe Minister may remove a member from the office of Chairperson or Deputy Chairperson of the Council at any time.\n\t(3)\tA person holding office as Chairperson or Deputy Chairperson of the Council vacates that office if the person—\n\t(a)\tis removed from that office by the Minister; or\n\t(b)\tresigns that office by instrument in writing addressed to the Minister; or\n\t(c)\tceases to be a member.\n2—Deputies of members\n\t(1)\tThe Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.\n\t(2)\tIn the absence of a member, the member's deputy—\n\t(a)\tis, if available, to act in the place of the member; and\n\t(b)\twhile so acting, has all the functions of the member and is taken to be a member.\n\t(3)\tThe deputy of a member who is Chairperson or Deputy Chairperson of the Council does not (because of this clause) have the member's functions as Chairperson or Deputy Chairperson.\n\t(4)\tA person while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.\n3—Term of office\nSubject to this Schedule, a member holds office for such period (not exceeding 3 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.\n4—Allowances\nA member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.\n5—Vacancy in office of member\n\t(1)\tThe office of a member becomes vacant if the member—\n\t(a)\tresigns the office by instrument in writing addressed to the Minister; or\n\t(b)\tis removed from office by the Minister under this clause; or\n\t(c)\tis absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or in the ordinary course of post unless—\n\t(i)\tthe member is so absent on leave granted by the Council; or\n\t(ii)\tbefore the expiration of 4 weeks after the last of those meetings, the member is excused by the Council for having been absent from those meetings; or\n\t(d)\tbecomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tis convicted in South Australia of an offence that is punishable by imprisonment for life or for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable.\n\t(2)\tThe Minister may remove a member from office—\n\t(a)\tfor incompetence or misbehaviour; or\n\t(b)\tfor mental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tfor breach of, or non-compliance with, a condition of appointment.\n6—Filling of vacancy in office of member\nIf the office of a member becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.\nSchedule 3—Provisions relating to the procedure of the Council\n1—General procedure\nThe procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Council.\n2—Quorum\nThe quorum for a meeting of the Council is a majority of its members for the time being.\n3—Presiding member\n\t(1)\tThe Chairperson of the Council or, in the absence of the Chairperson, the Deputy Chairperson of the Council or, in the absence of both, another member elected to chair the meeting by the members present is to preside at a meeting of the Council.\n\t(2)\tThe person presiding at any meeting of the Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n4—Voting\nA decision supported by a majority of the votes cast at a meeting of the Council at which a quorum is present is the decision of the Council.\n5—First meeting\nThe Chairperson of the Council is to call the first meeting of the Council in such manner as he or she thinks fit.\nSchedule 4—Validation of certain schemes etc\n1—Interpretation\nIn this Schedule—\namending Part means that Part of the Statutes Amendment (Justice Portfolio) Act 2006 that amends the principal Act;\nprincipal Act means the Professional Standards Act 2004.\n2—Validation of schemes etc\n\t(1)\tA scheme approved under the principal Act before the commencement of the amending Part is taken to be, and always to have been, a valid scheme if it would have been valid had the amendments made by the amending Part to the principal Act been in force when the scheme was approved.\n\t(2)\tAnything done or omitted to be done in respect of such a scheme is taken to be, and always to have been, validly done or omitted. In particular, an insurance policy required by the principal Act before a limitation on liability in damages of a person to whom such a scheme applies is reduced, is taken to comply, and always to have complied, with the principal Act if it would have complied had the amendments made by the amending Part to the principal Act been in force when the policy was issued.\n\t(3)\tThis clause extends to proceedings pending in a court immediately before the commencement of this clause.\n3—Regulations\n\t(1)\tThe Governor may make regulations of a savings or transitional nature consequent on the enactment of the amending Part.\n\t(2)\tAny such provision may, if the regulations so provide, take effect from the date of assent to the Statutes Amendment (Justice Portfolio) Act 2006 or a later date.\n\t(3)\tTo the extent to which any such provision takes effect from a date that is earlier than the date on which the amending Part comes into operation, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its operation; or\n\t(b)\tto impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its operation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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 Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n45\n Professional Standards Act 2004\n25.11.2004\n1.10.2006 (Gazette 21.9.2006 p3273)\n2006\n44\n Statutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 23 (ss 41—47)—18.1.2007 (Gazette 18.1.2007 p234)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 121 (s 277)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n16\n Professional Standards (Mutual Recognition) Amendment Act 2010\n14.10.2010\n14.10.2010\n2020\n34\nStatutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 5 (ss 11 & 12)—1.10.2020: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n18.1.2007\ns 4\nredesignated as s 4(1) by 44/2006 s 41(3)\n18.1.2007\ns 4(1)\n\n\nanother jurisdiction\ninserted by 16/2010 s 3(1)\n14.10.2010\nappropriate council\ninserted by 16/2010 s 3(1)\n14.10.2010\ncorresponding law\ninserted by 16/2010 s 3(2)\n14.10.2010\ncosts\ninserted by 44/2006 s 41(1)\n18.1.2007\ndamages\n substituted by 44/2006 s 41(2)\n18.1.2007\ninterstate scheme\ninserted by 16/2010 s 3(3)\n14.10.2010\noccupational liability\namended by 34/2020 s 11\n1.10.2020\nscheme\namended by16/2010 3(4)\n14.10.2010\nthis jurisdiction\ninserted by 16/2010 3(5)\n14.10.2010\ns 4(2)\ninserted by 44/2006 s 41(3)\n18.1.2007\ns 5\n\n\ns 5(1)\ndeleted by 34/2020 s 12(1)\n1.10.2020\ns 5(2)\namended by 34/2020 s 12(2)\n1.10.2020\nPt 2\n\n\ns 8\n\n\ns 8(4)\ninserted by 16/2010 s 4\n14.10.2010\ns 9\n\n\ns 9(1)\ns 9 redesignated as s 9(1) by 16/2010 s 5\n14.10.2010\ns 9(2)\ninserted by 16/2010 s 5\n14.10.2010\ns 11\n\n\ns 11(1)\ns 11 redesignated as s 11(1) by 16/2010 s 6\n14.10.2010\ns 11(2)\ninserted by 16/2010 s 6\n14.10.2010\ns 13\n\n\ns 13(1)\ns 13 redesignated as s 13(1) by 16/2010 s 7\n14.10.2010\ns 13(2)\ninserted by 16/2010 s 7\n14.10.2010\ns 14\n\n\ns 14(1)\namended by 16/2010 s 8(1)\n14.10.2010\ns 14(4)\ninserted by 16/2010 8(2)\n14.10.2010\ns 15\n\n\ns 15(2)\namended by 16/2010 s 9(1)\n14.10.2010\ns 15(3)\ninserted by 16/2010 9(2)\n14.10.2010\ns 16\n\n\ns 16(1)\namended by 16/2010 s 10(1)\n14.10.2010\ns 16(4)—(6)\ninserted by 16/2010 s 10(2)\n14.10.2010\ns 17\n\n\ns 17(3)\nsubstituted by 16/2010 s 11\n14.10.2010\ns 18\n\n\ns 18(1)\namended by 16/2010 s 12(1)\n14.10.2010\ns 18(2)\namended by 16/2010 s 12(2)\n14.10.2010\ns 18(3)\namended by 16/2010 s 12(3)\n14.10.2010\ns 18(4)\namended by 16/2010 s 12(4)\n14.10.2010\ns 18(5)\nsubstituted by 16/2010 s 12(5)\n14.10.2010\ns 18(6) and (7)\ninserted by 16/2010 s 12(5)\n14.10.2010\nss 18A and 18B\ninserted by 16/2010 s 13\n14.10.2010\ns 23\nsubstituted by 44/2006 s 42\n18.1.2007\ns 24\namended by 44/2006 s 43(1), (2)\n18.1.2007\ns 25\n\n\ns 25(1)\namended by 44/2006 s 44(1), (2)\n18.1.2007\ns 28A\ninserted by 44/2006 s 45\n18.1.2007\ns 30\n\n\ns 30(2)\namended by 44/2006 s 46\n18.1.2007\ns 34\n\n\ns 34(1)\nsubstituted by 16/2010 14\n14.10.2010\ns 34(1a)\ninserted by 16/2010 s 14\n14.10.2010\nPt 6\n\n\ns 46\n\n\ns 46(1)\namended by 16/2010 s 15(1)\n14.10.2010\ns 46(4)\namended by 16/2010 s 15(2)\n14.10.2010\ns 46A\ninserted by 16/2010 s 16\n14.10.2010\nSch 2\n\n\ncl 7\ndeleted by 84/2009 s 277\n1.2.2010\nSch 4\ninserted by 44/2006 s 47\n18.1.2007\nTransitional etc provisions associated with Act or amendments\nProfessional Standards (Mutual Recognition) Amendment Act 2010, Sch 1—Transitional provision\n1—Expiry date of existing schemes\nThe period determined by the Council as the period for which a scheme is to remain in force for the purposes of section 34(1) of the Professional Standards Act 2004 as in force immediately before the commencement of section 14 of this Act, will be taken to be the period specified in the scheme as the period for which the scheme is to remain in force after its commencement.\nHistorical versions\n18.1.2007\n\n1.2.2010\n\n14.10.2010\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2004 Act was primarily focused on South Australian schemes. However, the 2010 amendments significantly expanded scope to include 'interstate schemes'—schemes prepared under corresponding laws of other jurisdictions that operate across state borders. This transformed the Act from a purely local liability limitation regime into a mutual recognition framework for national professional standards schemes, adding sections 18A, 18B, 46A and extensive cross-referencing to 'corresponding laws' and 'appropriate councils' of other jurisdictions."},"complexity_factors":["Multiple overlapping methods for calculating liability caps (insurance-based, asset-based, and fee-multiple methods in sections 23-25) with interaction rules in section 27","Interstate scheme recognition provisions (sections 8(4), 9(2), 11(2), 13(2), 16(4), 18B) creating cross-jurisdictional complexity","Detailed procedural requirements for scheme approval including public notification (28 days minimum), submissions, hearings, gazettal, and disallowance (sections 9-14)","Temporal complexity: different rules apply based on when acts/occurrences happened vs when proceedings are brought (sections 30, 33, 34)","18 defined terms in section 4 including nested definitions ('damages' includes costs and interest; 'costs' includes fees, charges, disbursements)","Multiple exceptions and carve-outs in section 5 (death/personal injury, legal practitioners, intentional torts, breach of trust, fraud, pre-commencement contracts)","Complex rules for 'single claim' vs 'single event' and 'associated persons' (section 31)","Schedule 4 validation provisions with retrospective effect and savings clauses"],"plain_english_summary":"This South Australian law allows professional and trade associations (like accountants, engineers, or surveyors) to create 'schemes' that cap how much money their members can be sued for if they make mistakes at work.\n\n**What it does:**\n- **Limits liability:** Members of approved occupational associations can limit their financial liability to clients/customers who sue them for professional mistakes. This cap can be set through insurance coverage, business assets, or a multiple of the fee charged for the work.\n- **Minimum protection:** Liability cannot be capped below $500,000 per claim (unless the Council approves a higher minimum).\n- **Consumer protection:** Professionals must tell clients their liability is limited—on documents, websites, and if asked.\n\n**Who it affects:**\n- **Professionals and tradespeople** who belong to occupational associations (like architects, valuers, consultants).\n- **Clients/customers** who use these services—they can only sue for damages up to the cap, even if their actual losses are higher.\n- **Occupational associations**—they must set up risk management strategies, insurance standards, and complaint handling systems.\n\n**Key bodies:**\n- **Professional Standards Council:** A government-established body that approves schemes, monitors standards, and ensures associations comply with risk management requirements.\n\n**Important exclusions:**\nThe Act does **not** apply to:\n- Death or personal injury claims\n- Legal work on personal injury cases\n- Intentional wrongdoing, fraud, or breach of trust\n- Claims under old contracts (unless updated)\n\n**Why it matters:**\nIt tries to balance two competing needs: protecting professionals from crippling lawsuits (making insurance affordable and keeping services available) while ensuring consumers have reasonable recourse and professionals maintain high standards through compulsory risk management and insurance."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been extended beyond a simple mechanism to cap professional liability into a detailed regulatory architecture. Amendments and later provisions add interstate (mutual recognition) operation (see s 8(4), ss 18A–18B, s 34(1a)), stronger Council oversight of insurance standards (s 29) and detailed compliance, reporting and audit duties for occupational associations (Parts 3–4). Those additions broaden the original single‑purpose tool (limiting liability) into a multi‑jurisdictional supervisory regime that governs insurance standards, discipline, risk management and public consultation. The changes therefore expand administrative scope, cross‑jurisdictional interactions and the Council/Minister’s discretionary control relative to the Act’s narrower original enabling purpose (see s 3 and the amendment history)."},"complexity_factors":["Extensive interpretation section (s 4) with ~20 defined terms and cross‑references","Three separate methods to limit liability (s 23 insurance; s 24 business assets; s 25 multiple of charges) plus rules for combining them (s 27)","Minimum‑cap rule with Council determination and statutory floor ($500,000) (s 28)","Multiple procedural stages for scheme approval: public notice, submissions, Council consideration, Minister Gazette publication, and right of Supreme Court challenge (ss 9–16)","Interstate/mutual recognition complexity (definitions and provisions in ss 4, 8(4), 14, 18A–18B, 34(1a))","Significant discretion vested in the Professional Standards Council and the Minister (ss 11, 29, 46, 51, 56–57)","Compliance and monitoring obligations across Parts 3–4 (insurance standards, reporting, audits, disciplinary code) with criminal/penalty mechanisms (ss 29, 35, 38–40, 57)","Temporal limits and amendment mechanics for schemes (five‑year term, single extension option, and amendment/revocation processes) (s 34, s 18)","Cross‑references to other statutes and regulations (e.g. Corporations Act meaning of officer; Subordinate Legislation Act processes) and delegated rule‑making (s 57)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- The Act lets recognised occupational associations (for example, professional bodies) create formal “schemes” that limit the civil (non‑criminal) monetary liability of their members for work‑related acts or omissions. A scheme only operates where it is prepared or approved, notified to the public and published in the Government Gazette (see Part 2, especially ss 8–15).  \n\n- A scheme may limit liability in three principal ways:  \n  - by requiring and relying on insurance up to a monetary ceiling (s 23),  \n  - by reference to the value of business assets (s 24), or  \n  - by reference to a multiple of the professional charge for the work (s 25).  \n  A scheme can combine these approaches, but the rules about which method governs are set out in s 27.\n\n- Schemes have to specify monetary ceilings and cannot set the cap for a single claim below an amount determined by the Professional Standards Council (Council) (s 28). That floor is not less than $500,000 (s 28(1)).\n\n- The Act excludes certain liabilities from being limited by a scheme: death or personal injury claims, intentional torts, fraud or dishonesty, breach of trust and some personal injury legal work (s 5(2)). It also excludes earlier contracts unless the parties expressly agree after the Act commences (s 5(4)).\n\n- Approval and oversight of schemes is handled by the Professional Standards Council. The Council must publicly notify proposed schemes, consider submissions, assess risk‑management arrangements and insurance standards, and may hold hearings (ss 9–13, 11, 29). The Minister authorises Gazette publication and may extend or revoke schemes in certain ways (ss 13–15, 17–18, 34).\n\n- A person reasonably affected may challenge a scheme’s validity in the Supreme Court before it commences (s 16). Schemes run for up to five years (s 34) and may be amended or revoked following the same public/procedural steps.\n\n- Occupational associations may make membership conditional on holding insurance and may set insurance standards for members (Part 3, ss 36–37 and s 29). The Act also requires associations to supply risk‑management strategies and annual reports to the Council, and permits compliance audits (Part 4, ss 38–40).\n\n- Schemes may adopt a Model Code for complaints and discipline (Schedule 1; s 41). The Act establishes the Professional Standards Council as a statutory body (Part 6, ss 42–52) with functions that include advising the Minister, approving schemes and encouraging self‑regulation (s 46). The Minister and the Council have significant discretionary powers (see ss 46, 51, 56–57).\n\n- Professionals whose liability is limited under a scheme must disclose that limitation on most client‑facing documents and on websites, and must provide a copy of the scheme to clients on request; failure attracts penalties (s 35).\n\n**Who is affected**\n\n- Members of occupational associations who become subject to an approved scheme — e.g. lawyers, accountants, engineers or trade groups if their association pursues a scheme (see defined terms in s 4 and Part 2).  \n- The occupational associations themselves, which prepare schemes, set or enforce insurance standards, run risk‑management programs and may discipline members (Parts 2–5).  \n- Consumers and claimants — people who bring civil claims against professionals — because the Act can limit the monetary amount they can recover in certain civil claims.  \n- Insurers and professional indemnity markets, because schemes interact with insurance requirements and claims monitoring (ss 23, 29, 37).\n\n**Why it matters (official purpose and the operational trade‑offs)**\n\n- The Act’s stated objects are to enable limitation schemes, improve occupational standards, protect consumers and establish the Council to supervise schemes (s 3). Practically, it creates a regulated pathway by which groups of professionals can reduce exposure to very large civil claims while being subject to oversight, insurance standards and risk‑management obligations.\n\n- Trade‑offs and incentives the Act creates:  \n  - Who benefits: scheme participants (members) gain predictable caps on exposure to civil damages. This reduces uncapped liability risk for individual practitioners or firms (s 30).  \n  - Who bears costs or residual risk: claimants may receive less than full recovery where a statutory cap applies; insurers and clients may bear direct or indirect costs depending on insurance design (ss 23–25, 28A).  \n  - Behavioural incentive: capping monetary exposure can reduce financial downside for providers; the Act counterbalances that by requiring risk‑management strategies, insurance standards and complaint/discipline systems (ss 38–41, 29). The Council must consider those matters when approving schemes (s 11).  \n  - Market effects: schemes may lower pricing pressure on some professionals by reducing required indemnity cover or premium volatility, and may advantage larger firms able to meet asset tests or purchase required policies. Conversely, if insurers respond with higher premiums or tighter terms for covered risks, smaller practitioners may feel pressure (ss 24–25, 29).\n\n- Implementation and compliance burdens: occupational associations must prepare detailed schemes, run complaint and discipline processes, collect and provide risk‑management reports and submit to audits; members must display scheme notices and, where required, hold insurance (ss 8–15, 35–40). The Council and Minister exercise discretionary control over approval, extension, revocation and standards (ss 13–15, 17–18, 29, 51). Fees and penalties may be set by regulation (s 57).\n\n- Cross‑jurisdictional complexity: the Act contains machinery for interstate schemes and mutual recognition with corresponding laws in other States/Territories (see the definitions in s 4, and ss 8(4), 14, 18A–18B, 34(1a)). That creates additional administrative coordination and legal interaction across jurisdictions.\n\n**Concrete limits and safeguards in the text**\n\n- Minimum per‑claim cap floor determined by the Council, not less than $500,000 (s 28).  \n- Specific exclusions from limitation (death/personal injury, intentional tort, fraud/dishonesty, breach of trust) (s 5(2)).  \n- Mandatory public notice and opportunity to make submissions before approval (ss 9–11).  \n- Right to sue to have a scheme declared void for want of statutory compliance before the scheme commences (s 16).  \n- Notification, reporting and audit obligations for associations and members (ss 35, 38–40).  \n\n**Who decides, who pays, and what changes in behaviour**\n\n- Who decides: occupational associations prepare schemes; the Professional Standards Council approves, monitors and may review schemes; the Minister authorises Gazette publication and can direct the Council (ss 8, 46, 13–15, 51). Courts adjudicate challenges to schemes and apply caps to particular claims (s 16, ss 30–31).\n\n- Who pays: insurers (through policy payouts), scheme participants (by meeting excesses, premiums or by committing business assets as security), and claimants (who may receive capped amounts) are the immediate financial actors affected. The State bears administrative costs of the Council (s 52) and regulatory enforcement.\n\n- Behaviour changes the law encourages: associations must adopt risk‑management and complaint/discipline systems; members may hold specified insurance levels or structure their practices to fit the limitation method chosen; claimants and practitioners must factor statutory caps into litigation strategy and settlement negotiations (ss 29, 36–40, 35).\n\n**Implementation risks and trade‑offs to watch**\n\n- Discretion concentration: the Council and Minister have meaningful discretion over approval, insurance standards and extensions (ss 11, 29, 51, 57), which can create legal uncertainty if criteria are not tightly applied.  \n- Consumer protection vs cost shifting: caps reduce defendants’ exposure but shift residual risk to claimants and insurers; the Act attempts a balance via insurance standards and minimum floors (ss 28, 29).  \n- Interjurisdictional coordination required for interstate schemes (ss 8(4), 14, 18B, 34(1a)) — differing corresponding laws may create gaps or duplication.  \n- Administrative burden on associations (scheme prep, reporting, audits) and on practitioners (disclosure obligations, compliance) — compliance costs are concentrated on regulated professions (ss 8, 35, 38–40)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/sa-professional-standards-act-2004","history":"/api/acts/sa-professional-standards-act-2004/history","analysis":"/api/acts/sa-professional-standards-act-2004/analysis","conflicts":"/api/acts/sa-professional-standards-act-2004/conflicts","importantCases":"/api/acts/sa-professional-standards-act-2004/important-cases","documents":"/api/acts/sa-professional-standards-act-2004/documents"}}