Div 42.1 Making, amendment and revocation of

Division 4.2.1 Making, amendment and revocation of schemes 4.4 Preparation and approval of schemes (1) An occupational association may prepare a scheme. (2) The council may, on the application of an occupational association, prepare a scheme. (3) The council may, on the application of an occupational association, approve a scheme prepared under this section. (4) A scheme prepared under this section may indicate an intention to operate as a scheme of this jurisdiction only, or of both this jurisdiction and another jurisdiction. 4.5 Public notification of schemes (1) Before approving a scheme, the council must give public notice— (a) explaining the nature and significance of the scheme; and (b) stating where a copy of the scheme can be obtained or inspected; and (c) inviting comments and submissions within a stated time at least 21 days after the day the notice is published. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (2) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction, the council must also publish a similar notice in the other jurisdiction in accordance with the requirements of the corresponding law of that jurisdiction that relates to the approval of a scheme prepared in that jurisdiction. Section 4.6 4.6 Making of comments and submissions about schemes (1) Anyone may make a comment or submission to the council about a scheme for which notice has been published under section 4.5. (2) A comment or submission must be made within the period stated in the notice or within any longer time the council allows. 4.7 Consideration of comments, submissions etc (1) Before approving a scheme, the council must consider the following: (a) all comments and submissions made to it in accordance with section 4.6; (b) the position of people who may be affected by limiting the occupational liability of members of the occupational association; (c) the nature and level of claims relating to occupational liability made against members of the occupational association; (d) the risk management strategies of the occupational association; (e) how those strategies are intended to be implemented; (f) the cost and availability of insurance against occupational liability for members of the occupational association; (g) the standards (mentioned in section 4.23) decided by the occupational association in relation to insurance policies. (h) the provisions in the proposed scheme for making and deciding complaints, and imposing and enforcing disciplinary measures against members of the occupational association. (2) Subsection (1) does not limit the matters the council may consider. Section 4.8 (3) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction— (a) the council must also consider any matter that the appropriate council for the other jurisdiction would have to consider under the corresponding law of that jurisdiction that relates to the approval of a scheme prepared in that jurisdiction; and (b) the matters to be considered by the council, whether under subsection (1) or paragraph (a), are to be considered in the context of each of the jurisdictions concerned. 4.8 Public hearings (1) The council may conduct a public hearing about a scheme if the council considers it appropriate. (2) A public hearing may be conducted in the way the council decides. 4.9 Submission of schemes to Minister (1) The council must submit a scheme approved by it to the Minister. (2) If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction, the council must also submit the scheme to the Minister administering the corresponding law of the other jurisdiction. 4.10 Schemes are subject to disallowance (1) The Minister must— (a) give notice of— (i) the council’s approval of the scheme; or (ii) for an interstate scheme—the approval of the scheme by the appropriate council for the jurisdiction in which the scheme was prepared; and (b) include the approved scheme in the notice. Section 4.11 (2) A notice is a disallowable instrument. (3) In this section, a reference to an interstate scheme includes a reference to an instrument amending an interstate scheme. Note Subsection (3) applies s (1) and s (2) to instruments that amend an interstate scheme. Those subsections already apply, by virtue of s 4.14 (5), to instruments that amend a scheme that is not an interstate 4.11 Commencement of schemes (1) If the Minister gives notice under section 4.10 of the approval of a scheme, the scheme commences— (a) on the date or time (after the notice’s notification day) provided for in the notice; or (b) if a date or time is not provided for in the notice—2 months after the notice’s notification day. (2) This section is subject to any order of— (a) the Supreme Court under section 4.12; and (b) the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction. (3) In this section, a reference to a scheme includes, for an interstate scheme, a reference to an instrument amending that scheme. 4.12 Challenges to schemes (1) This section applies to a person who is, or is reasonably likely to be, affected by a scheme included in a notice under section 4.10 (including a person who is, or is reasonably likely to be, affected by a scheme that operates as a scheme of another jurisdiction). (2) For subsection (1), a person may, at any time before the scheme commences, apply to the Supreme Court for an order that the scheme is void for noncompliance with this schedule. Section 4.13 (3) The Supreme Court may, on the making of the application or at any time before the scheme commences, order that the commencement of the scheme is stayed until further order of the court. (4) The Supreme Court may, in relation to the application— (a) make or decline to make an order that the scheme is void for noncompliance with this schedule; or (b) if the court has stayed the commencement of the scheme— give directions about the things that must be done so that the scheme may commence; or (c) make any other order it considers appropriate. (5) The Supreme Court may make an order that an interstate scheme is void for failure to comply with this schedule because 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. (6) The Supreme Court may not make an order that an interstate scheme is void for failure to comply with this schedule because the scheme fails to comply with division 4.2.2 (Content of schemes). (7) This section does not prevent a scheme from being challenged other than under this section. (8) In this section, a reference to a scheme includes, for an interstate scheme, a reference to an instrument amending that scheme. 4.13 Review of schemes (1) The Minister may direct the council to review the operation of a (2) The council must comply with a direction under subsection (1), but may on its own initiative review the operation of a scheme at any time (whether before or after the scheme ceases to have effect). Section 4.14 (3) A review may, but need not, be conducted to decide— (a) for a scheme prepared under this schedule—whether the scheme should be amended or revoked or whether a new scheme should be made; or (b) for an interstate scheme—whether the operation of the scheme should be ended in relation to this jurisdiction. 4.14 Amendment and revocation of schemes (1) An occupational association may prepare an instrument amending or revoking a scheme that relates to its members. (2) The council may, on the application of an occupational association, prepare an instrument amending or revoking a scheme that relates to the members of the association. (3) The Minister may direct the council to prepare an instrument amending or revoking a scheme. (4) The council must comply with a direction but may on its own initiative prepare an instrument amending or revoking a scheme at any time while the scheme remains in force. (5) Sections 4.4 to 4.12 apply, with any necessary changes, to the amendment of a scheme by an instrument under this section. (6) Sections 4.4 to 4.11 (other than section 4.9 (2)) apply, with any necessary changes, to the revocation of a scheme by an instrument under this section. (7) This section does not apply to an interstate scheme. Section 4.14A 4.14A Notification of revocation of schemes (1) If the Minister gives notice under section 4.10 in relation to an instrument revoking a scheme (other than an interstate scheme) that operates as a scheme of another jurisdiction, the Minister must notify the Minister administering the corresponding law of that jurisdiction of the revocation. (2) A notice that an interstate scheme has been revoked under the corresponding law of the jurisdiction in which it was prepared is a notifiable instrument. Note Under s 4.28 (1B) (c), an interstate scheme will cease to have effect in this jurisdiction when it ceases to have effect in the other jurisdiction. 4.14B Ending of operation of interstate schemes (1) On application by an occupational association, the council may prepare an instrument ending, in relation to this jurisdiction, the operation of an interstate scheme that relates to members of the (2) The Minister may direct the council to prepare an instrument ending the operation of an interstate scheme in relation to this jurisdiction. (3) The council must comply with any direction under subsection (2). (4) The council may, on its own initiative, at any time while an interstate scheme remains in force, prepare an instrument ending the operation of the scheme in relation to this jurisdiction. (5) Sections 4.5 to 4.10 (other than section 4.9 (2)) extend, with any necessary modifications, to the ending of the operation of an interstate scheme under an instrument under that section. (6) The operation of an interstate scheme is ended, in relation to this jurisdiction, on— (a) the day after the day of its publication as stated in the instrument; or (b) if no day is stated—2 months after the day of its publication. Section 4.15 4.15 People to whom scheme applies (1) A scheme may provide that it applies to— (a) everyone within an occupational association; or (b) a stated class or classes of people within an occupational (2) A scheme applying in relation to an occupational association may provide that the occupational association may, on application by a person, exempt the person from the scheme. (3) A scheme ceases to apply to a person exempted under subsection (2)— (a) on the date the exemption is granted; or (b) if the exemption provides for a later date—the later date. (4) Subsection (2) does not apply to a person to whom a scheme applies because of section 4.16. 4.16 Other people to whom scheme applies (1) If a scheme applies to a person, the scheme also applies to— (a) each partner of the person; and (b) each employee of the person; and (c) if the person is a corporation, each officer of the corporation; and (d) each person who is, under a regulation made for section 4.25 (Limitation of amount of damages), associated with the person. Section 4.17 (2) If the partner, employee or officer of the person is entitled to be a member of the same occupational association as the person but is not a member, the scheme does not apply to the partner, employee or officer. officer— (a) in relation to a corporation within the meaning of the Corporations Act—see the Corporations Act, section 82A (Officers of bodies corporate and other entities); and (b) in relation to any other corporation—means anyone (by whatever name called) who is concerned in or takes part in the management of the corporation. 4.17 Limitation of liability by insurance arrangements A person to whom a scheme applies, and against whom a proceeding in relation to the cause of action above the monetary ceiling if the person can satisfy the court that— (a) the person has the benefit of an insurance policy insuring the person against the occupational liability to which the cause of action relates; and (b) the amount payable under the policy for the occupational liability is at least the amount of the monetary ceiling stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates. Section 4.18 4.18 Limitation of liability by reference to amount of business assets A person to whom a scheme applies, and against whom a proceeding for the cause of action above the monetary ceiling if the person can satisfy the court— (a) that the person has business assets with a net current market value of at least the monetary ceiling stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates; or (b) that— (i) the person has business assets and the benefit of an insurance policy insuring the person against the occupational liability; and (ii) the net current market value of the business assets and the amount payable under the policy for the occupational liability, if combined, would total an amount that is at least the amount of the monetary ceiling stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates. 4.19 Limitation of liability by multiple of charges (1) A person to whom a scheme applies, and against whom a proceeding in relation to the cause of action above the limitation amount if the person can satisfy the court— (a) that the person has the benefit of an insurance policy— (i) insuring the person against that occupational liability; and Section 4.19 (ii) under which the amount payable for the occupational liability is at least an amount (the limitation amount) that is 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 stated in the scheme in relation to the class of person and the kind of work to which the cause of action relates; or (b) that the person has business assets with a net current market value of at least the limitation amount; or (c) that— (i) the person has business assets and the benefit of an insurance policy insuring the person against the occupational liability; and (ii) the net current market value of the assets and the amount payable under the policy for the occupational liability, if combined, would total an amount that is at least the limitation amount. (2) In deciding what is a reasonable charge for a provision mentioned in subsection (1), the court must consider— (a) the amount charged; and (b) the amount that would ordinarily be charged in accordance with a scale of charges (a relevant scale) accepted by the occupational association of which the person is a member; or (c) if there is not a relevant scale—the amount that a competent person with the same qualifications and experience as the person would be likely to charge in the same circumstances. (3) This section does not limit an amount of damages for which a person is liable if the amount is less than the amount stated for the purpose in the scheme in relation to the class of person and the kind of work concerned. Section 4.20 4.20 Statement of different limits of liability (1) A scheme may provide for— (a) the same maximum amount of liability for all cases to which the scheme applies; or (b) different maximum amounts of liability for different cases or classes of case to which the scheme applies; or (c) different maximum amounts of liability for the same class of case to which the scheme applies for different purposes. (2) A scheme may give an occupational association a discretionary authority, on application by a person to whom the scheme applies, to state 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, in any stated case or class of case, or for different purposes. 4.21 Combination of provisions under s 4.17, s 4.18 and s 4.19 (1) This section applies if, in a scheme, provisions of the kind mentioned in section 4.19, and provisions (the additional provisions) of the kind mentioned in section 4.17 or section 4.18 (or both), apply to a person at the same time in relation to the same occupation. (2) The scheme must provide that the damages awarded against the person are to be decided under section 4.19 but must not exceed the monetary ceiling provided in relation to the person under the additional provisions. 4.22 Amount below which liability may not be limited (1) A scheme may affect the liability for damages arising from a single cause of action only to the extent that the liability results in damages exceeding an amount (at least $500 000) decided by the council and stated in the scheme. Section 4.22A (2) In making a decision, the council must consider— (a) the number and amounts of claims made against people within the occupational association concerned; and (b) the need to adequately protect consumers. (3) A council decision— (a) takes effect when an amendment of the scheme giving effect to the decision takes effect; and (b) applies only to a cause of action that arises after the decision takes effect. 4.22A Liability in damages not reduced to below relevant limit The liability in damages of a person to whom a scheme applies is not reduced below the relevant limitation imposed by a scheme in force under this schedule because the amount available to be paid to the claimant under the insurance policy required for this schedule for the liability is less than the relevant limitation. Note Section 4.2A allows a defence costs inclusive policy for this schedule, which may reduce the amount available to be paid to a client for occupational liability covered by the policy. Section 4.22A 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 any difference between the amount payable to the client under the policy and the amount of the cap. 4.23 Insurance to be of required standard For a scheme, an insurance policy must comply with standards decided by the occupational association whose members may be insured under the policy. Section 4.24 4.24 Limit of occupational liability by schemes (1) To the extent provided under this schedule and the provisions of the scheme, a scheme limits the occupational liability of a person in relation to a cause of action based on an act or omission if the scheme applied to the person when the act or omission happened. (2) The limitation of liability applying to the cause of action is the limitation provided under the scheme when the act or omission giving rise to the cause of action concerned happened. (3) A limitation of liability that, under this section, applies in relation to an act or omission applies to every cause of action based on the act or omission, irrespective of when the cause of action arises or proceedings are begun in relation to it, even if the scheme has been amended or, under section 4.28 (Duration of scheme), has ceased to be in force. (4) A person to whom a scheme applies cannot choose not to be subject to the scheme unless exempt under provisions included in the scheme under section 4.15 (2) (People to whom scheme applies). 4.25 Limitation of amount of damages (1) A limitation under a scheme 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 the same act or omission. (2) Separate claims by 2 or more people who have a joint interest in a cause of action based on the same act or omission are to be treated as a single claim for this schedule. (3) Two or more claims by the same person arising out of the same act or omission against people who are associated are to be treated as a single claim for this schedule. Effect of schemes Division 4.2.3 Section 4.26 (4) People are associated if they are— (a) officers of the same corporation (within the meaning of section 4.16); or (b) partners, employees of the same employer or in the relationship of employer and employee; or (c) prescribed by regulation for this subsection. 4.26 Effect of scheme on other parties to proceedings A scheme does not limit the liability of a person who is a party to a proceeding if the scheme does not apply to the person. 4.27 Proceedings to which a scheme applies A scheme in force under this schedule applies to proceedings relating to acts or omissions that happened after the commencement of the 4.28 Duration of scheme (1) A scheme must state a period of not longer than 5 years that it is to remain in force after its commencement. (2) Subject to subsection (4), a scheme (other than an interstate scheme) remains in force until— (a) the period stated under subsection (1) ends; or (b) the scheme is revoked; or (c) the scheme ceases to operate because of the operation of this schedule or another Territory law; or (d) the scheme is declared void by an order made by— (i) the Supreme Court under section 4.12; or (ii) the Supreme Court of another jurisdiction under the corresponding law of that jurisdiction; or Section 4.29 (e) the scheme is disallowed under the Legislation Act, section 65 (Disallowance by resolution of Assembly). (3) Subject to subsection (4), an interstate scheme remains in force in this jurisdiction until— (a) the period stated under subsection (1) ends; or (b) the scheme’s operation in relation to this jurisdiction is ended under section 4.14B (Ending of operation of interstate schemes); or (c) the scheme ceases to have effect in the jurisdiction in which it was prepared; or (d) the scheme is disallowed under the Legislation Act, section 65 (Disallowance by resolution of Assembly). (4) The Minister may extend the period for which the scheme is in force. (5) An instrument under subsection (4) is a notifiable instrument. (6) To remove any doubt, an instrument under subsection (4) is effective to extend the period for which a scheme is in force even if the instrument is notified after the day the scheme ends. (7) The period for which a scheme is in force may be extended only once, and for not longer than 12 months. 4.29 Notification of limitation of liability (1) A person commits an offence if— (a) the person’s occupational liability is limited under this schedule; and (b) the person gives a document to a client or prospective client; and (c) the document promotes or advertises the person or the person’s occupation; and Effect of schemes Division 4.2.3 Section 4.29 (d) the document does not carry a statement that the person’s liability is limited. Maximum penalty: 50 penalty units. (2) A person commits an offence if— (a) the person’s occupational liability is limited under this schedule; and (b) a client, or a prospective client, requests a copy of the scheme limiting the person’s occupational liability; and (c) the person fails to give a copy of the scheme to the client or prospective client. Maximum penalty: 50 penalty units. (3) A regulation may prescribe a form of statement for this section. (4) A person does not commit an offence against subsection (1) in relation to a document if the document carries a statement in the prescribed form. document includes an item of official correspondence ordinarily used by the person in the performance of the person’s occupation and a similar document, but does not include a business card. Part 4.3 Compulsory insurance Section 4.30 Part 4.3 Compulsory insurance 4.30 Occupational association may require members to insure (1) An occupational association may require its members to hold insurance against occupational liability. (2) A requirement under subsection (1) may be imposed as a condition of membership or otherwise. (3) The occupational association may set the standards with which the insurance must comply. The occupational association may set the amount of the insurance. (4) The occupational association may set different standards of insurance for different classes of members. (5) The standards are in addition to other statutory requirements and must not be inconsistent with them. 4.31 Monitoring claims by occupational associations (1) An occupational association may establish a committee, or 2 or more occupational associations may establish a common committee, for monitoring and analysing claims made against members for occupational liability. (2) Not all committee members need to be members of the occupational association or associations concerned. An insurer representative may be a committee member. (3) An occupational association may, through the committee or otherwise, issue practice advice to its members to minimise claims for occupational liability. Compulsory insurance Part 4.3 Section 4.31 (4) A committee may ask 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. Part 4.4 Risk management Section 4.32 Part 4.4 Risk management 4.32 Risk management strategies by occupational associations (1) If an occupational association seeks the council’s approval of a scheme under section 4.4 (Preparation of schemes and recommendation by council), it must give the council— (a) a detailed list of the risk management strategies it intends to implement for its members; and (b) information about how it intends to implement the strategies. (2) The method of implementation may be imposed as a condition of membership or otherwise. (3) The strategies are to apply in addition to, and must not be inconsistent with, other statutory requirements. 4.33 Reporting by occupational associations (1) An occupational association must give the council the information the council asks for about the association’s risk management strategies. (2) An occupational association must give an annual report to the council about the implementation and monitoring of its risk management strategies, the effect of the strategies and any changes made or proposed to be made to them. (3) The 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 other associations) under section 4.31 (Monitoring claims by occupational associations). (4) The occupational association’s annual report must be incorporated into the council’s annual report in a form decided by the council. Risk management Part 4.4 Section 4.34 4.34 Compliance audits (1) An audit of the compliance of members (a compliance audit), or of specified members or a specified class or classes of members, of an occupational association with the association’s risk management strategies— (a) may be conducted at any time by the council or the association; or (b) must be conducted by the association if the council requests it. (2) If a compliance audit is conducted by the council— (a) the occupational association must give, and ensure that its members give, the council any information or a copy of any document that the council reasonably asks for, relating to the conduct of the audit; and (b) the council must give a copy of a report of the audit to the (3) If the occupational association conducts a compliance audit, it must give a copy of a report of the audit to the council. Part 4.5 Complaints and disciplinary matters Section 4.35 Part 4.5 Complaints and disciplinary matters 4.35 Complaints and Discipline Code (1) A scheme may adopt the provisions of the model code set out in schedule 5 with any changes recommended by the council. (2) The changes may include provisions for the making and deciding of complaints and the imposition and enforcement of disciplinary measures against members of an occupational association, including (but not limited to) the following: (a) the establishment of committees for implementing the model code or any of its provisions; (b) the procedure at committee meetings; (c) whether a committee may administer an oath; (d) the application or exclusion of the rules of, and practice relating to, evidence; (e) the grounds on which a complaint may be made; (f) the verification of complaints by statement; (g) the suspension of members from membership or from practice; (h) the imposition of fines; (i) the making of appeals; (j) the exchange of information with other occupational associations (within or outside the ACT). (3) The provisions are in addition to other relevant statutory schemes and must not be inconsistent with them. Establishment and functions of council Division 4.6.1 Section 4.36 Division 4.6.1 Establishment and functions of council 4.36 The council (1) The Professional Standards Council (the council) is established. (2) The council— (a) is a corporation; and (b) must have a seal. 4.37 Functions of council (1) The council has the following functions: (a) to give advice to the Minister about— (i) giving notice of the approval of schemes, and their amendment and revocation; and (ii) the operation of this schedule; and (iii) anything else relating to the occupational liability of members of occupational associations; (b) to give advice to occupational associations about policies of insurance for part 4.2 (Limitation of liability); (c) to encourage and assist in the improvement of occupational standards of members of occupational associations; (d) to encourage and assist in the development of self-regulation of occupational associations, including giving advice and assistance about the following: (i) codes of ethics; (ii) codes of practice; Division 4.6.1 Establishment and functions of council Section 4.37 (iii) quality management; (iv) risk management; (v) resolution of complaints by clients; (vi) voluntary mediation services; (vii) membership requirements; (viii) discipline of members; (ix) continuing occupational education; (e) to monitor the occupational standards of members of occupational groups; (f) to monitor the compliance by an occupational association with its risk management strategies; (g) to publish advice and information about the matters mentioned in this subsection; (h) to conduct forums, approved by the Minister, on issues of interest to members of occupational groups; (i) to collect, analyse and provide the Minister with information on issues and policies about the standards of occupational groups; (j) any other functions given to it under this schedule, under any other territory law, or under the law of another jurisdiction. (2) The council is not authorised to give advice about occupational standards prescribed under another Act or statutory instrument. (3) Any advice given to the Minister by the council may be given with or without a request of the Minister. Membership of council Division 4.6.2 Section 4.37A 4.37A Cooperation with authorities in other jurisdictions If a scheme operates, or indicates an intention to operate, as a scheme of both this jurisdiction and another jurisdiction, the council may— (a) in the exercise of its functions under this schedule, act in conjunction with the appropriate council for the other jurisdiction; and (b) act in conjunction with the appropriate council for the other jurisdiction in the exercise of that council’s functions under the corresponding law of that jurisdiction. 4.38 Membership of council (1) The council is to consist of 11 people appointed by the Minister who have the experience, skills and qualifications the Minister considers appropriate to enable them to make a contribution to the work of the council. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The Legislation Act, division 19.3.3 (Appointments—Assembly Section 4.39 4.39 Chairperson and deputy chairperson of council (1) Two of the members of the council are to be appointed as chairperson and deputy chairperson of the council, respectively. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (1A) The Legislation Act, division 19.3.3 (Appointments—Assembly (2) The Minister may remove a member from the office of chairperson or deputy chairperson of the council at any time. (3) A person holding office as chairperson or deputy chairperson of the council vacates the office if the person— (a) is removed from the office by the Minister; or (b) ceases to be a member. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). 4.40 Deputies of members (1) The Minister may appoint a person to be the deputy of a member. (1A) The Legislation Act, division 19.3.3 (Appointments—Assembly Membership of council Division 4.6.2 Section 4.41 (2) In the absence of a member, the member’s deputy— (a) is, if available, to act in the place of the member; and (b) while so acting, has all the functions of the member and is taken to be a member. (3) The deputy of a member who is chairperson or deputy chairperson of the council does not (because of this section) have the member’s functions as chairperson or deputy chairperson. (4) A person acting in the place of a member is entitled to be paid the allowances decided by the Minister. 4.41 Term of appointment A member is to be appointed for not longer than 3 years. 4.42 Allowances of members A member is entitled to be paid the allowances decided by the Minister. 4.43 Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not re-appointed; or (c) is removed from office by the Minister; or (d) is 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, except on leave granted by the council or unless, before the end of 4 weeks after the day of the last of those meetings, the member is excused by the council for having been absent from those meetings; or (e) becomes bankrupt or personally insolvent; or Section 4.44 (f) is convicted in the ACT of an offence punishable by imprisonment for 12 months or more or is convicted elsewhere of an offence that, if committed in the ACT, would be an offence so punishable. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). (2) The Minister may remove a member from office for— (a) incompetence or misbehaviour; or (b) mental or physical incapacity to carry out the duties of office satisfactorily. 4.44 Filling of vacancy in office of member If the office of a member becomes vacant, a person may be appointed to fill the vacancy. 4.45 Personal liability of members etc (1) A member, a deputy of a member, or anyone acting under the direction of the council, a member or a deputy member, is not personally liable for anything done or omitted to be done honestly— (a) in the exercise of a function under this schedule; or exercise of a function under this schedule. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the council. 4.46 General procedure for council The procedure for the calling of meetings of the council and for the conduct of business at those meetings is, subject to this schedule and the regulations, to be as decided by the council. Miscellaneous—council Division 4.6.4 Section 4.47 4.47 Quorum at council meetings The quorum for a meeting of the council is a majority of its members for the time being. 4.48 Presiding member at council meetings (1) The 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. (2) The person presiding at any meeting of the council has a deliberative vote and, if the votes are equal, has a second or casting vote. 4.49 Voting at council meetings A 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. 4.50 Requirement to provide information (1) The council may, by written notice, require an occupational association— (a) whose members are subject to a scheme in force under this schedule; or (b) that seeks the council’s approval under section 4.4 for a scheme, or an amendment or revocation of a scheme; to give it the information it reasonably requires to exercise its functions. (2) An occupational association commits an offence if it does not comply with a notice under this section. Maximum penalty: 5 penalty units. Section 4.51 4.51 Referral of complaints (1) An occupational association may refer to the council any complaint or other evidence received by it that a member or former member of the association has committed an offence against section 4.29 (Notification of limitation of liability) or an offence against a regulation. (2) An occupational association must give information to the council about— (a) any complaint or other evidence covered by subsection (1) that it did not refer to the council; and (b) particulars of any action taken by it on the complaint or other evidence and of the outcome of the action. (3) An occupational association, member of an association’s executive body, or anyone acting under the direction of an association or its executive body, is not personally liable for anything done or omitted to be done honestly— (a) in the exercise of a function under this section; or exercise of a function under this section. (4) Any liability that, apart from subsection (3), would attach to a person attaches instead to the occupational association. 4.52 Council committees (1) The council may, with the Minister’s approval, establish committees to assist in the exercise of its functions. (2) Committee members need not be members of the council. (3) The procedure for calling committee meetings and for the conduct of business at those meetings is to be decided by the council or (subject to any decision of the council) by the committee. Miscellaneous—council Division 4.6.4 Section 4.53 4.53 Use of government staff or facilities The council may, with the approval of the Minister, arrange for the use of government staff or facilities. 4.54 Engagement of consultants by council The council, or a committee established under section 4.52, may engage consultants with suitable qualifications and experience, either in an honorary capacity or for remuneration. 4.55 Accountability of council to Minister (1) The council must exercise its functions subject to— (a) the general direction and control of the Minister; and (b) any specific written directions given by the Minister. (2) Without limiting subsection (1) (b), a direction may require the council to give the Minister information, or give access to information, in its possession or control about anything stated in the direction. 4.56 Annual report of council (1) The council must prepare a report on the council’s work and activities during each financial year. (2) The council must give the report for a financial year to the Minister before 1 October in the next financial year. (3) The Minister must present a copy of the annual report to the Legislative Assembly within 6 sitting days after the day the Minister receives it. Part 4.7 Miscellaneous—sch 4 Section 4.57 Part 4.7 Miscellaneous—sch 4 4.57 Characterisation of sch 4 The provisions of this schedule are to be regarded as part of the substantive law of the ACT. 4.58 No contracting out of sch 4 This schedule applies to a person to whom a scheme in force under this schedule applies despite any contract to the contrary, whether the contract was made before, on or after the day the person became a person to whom the scheme applies. 4.59 No limitation on other insurance This schedule does not limit the insurance arrangements a person may make apart from those made for this schedule. 4.59A Validation of schemes etc (1) A scheme approved under this schedule before the commencement of the Justice and Community Safety Legislation Amendment Act 2007 (the amending Act) 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 Act been in force when the scheme was approved. (2) Anything done or omitted to be done in relation to such a scheme is taken to be, and always to have been, validly done or omitted. (3) In particular, an insurance policy required by this schedule 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 this schedule if it would have complied had the amendments made by the amending Act been in force when the policy was issued. (4) This section extends to proceedings pending in a court on the commencement of this section. Occupational associations—model code Schedule 5 Section 5.1 Schedule 5 Occupational associations— model code Model code 5.1 Name of code This code is the Occupational Associations (Complaints and Discipline) Code. 5.2 Meaning of council In this code: council means the Professional Standards Council established under the Civil Law (Wrongs) Act 2002, schedule 4. 5.3 What actions may be the subject of a complaint? (1) A 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. (2) A complaint may be made and dealt with even though the person about whom it is made has ceased to be a member. 5.4 Who may make a complaint? Any person may make a complaint (including the occupational association and the council). 5.5 How is a complaint made? (1) A complaint may be made to the occupational association. (2) The complaint must be in writing and contain the particulars of the allegations on which it is founded. Schedule 5 Occupational associations—model code Section 5.6 (3) The occupational association must notify the council of each complaint made to it (other than a complaint made by the council). 5.6 What happens after a complaint is made? (1) The occupational association must consider a complaint as soon as practicable after the complaint is made to it or notified to it by the council. (2) The association may do 1 or more of the following: (a) require the complainant to provide further particulars of the complaint; (b) carry out an investigation into the complaint; (c) attempt to resolve the complaint by conciliation; (d) decline to consider the complaint (because, for example, the complaint is frivolous, vexatious, misconceived or lacking in substance); (e) conduct a hearing into the complaint. (3) The occupational association is bound by the rules of natural justice in conducting a hearing into the complaint. 5.7 What action may be taken after a hearing into a complaint? (1) After an occupational association has conducted a hearing into a complaint against a person, it may, if it finds the complaint substantiated, do 1 or more of the following: (a) caution or reprimand the person; (b) impose conditions relating to the carrying out of the person’s occupation; (c) require the person to complete specified courses of training or instruction; Occupational associations—model code Schedule 5 Section 5.8 (d) require the person to report about the carrying out of the person’s occupation at the times, in the way and to the people specified by the association; (e) order the person to obtain advice about the carrying out of the person’s occupation from the people specified by the association; (f) expel the person from membership of the association. (2) If the association does not find the complaint substantiated, it must dismiss the complaint. (3) The association is not entitled to make an award of compensation. 5.8 Notices of decisions (1) Within 30 days after the day a decision is made by an occupational association about a complaint, the complainant and the person against whom the complaint is made must be given a written statement of the decision. (2) The statement must include the reasons for the decision. Note The Legislation Act, s 179 deals with the information that must be included in a statement of reasons. 5.9 What rights of representation do parties to a complaint have? The complainant and the person about 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. Schedule 5 Occupational associations—model code Section 5.10 5.10 How may occupational association’s functions under code be exercised? A 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 people appointed for the purpose by the executive body. 5.11 Protection from liability (1) A member of the executive body of an occupational association, or anyone acting in accordance with a resolution of the association, is not personally liable for anything done or omitted to be done honestly— (a) in the exercise of a function under this schedule; or exercise of a function under this schedule. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the council. (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Australian Consumer Law (ACT) • Australian statistician • bankrupt or personally insolvent • body • child • civil partner • civil union partner • corporation • Corporations Act • doctor • domestic partner (see s 169) • entity • foreign country • human rights commission • indictable offence (see s 190) • integrity commission • integrity commissioner • lawyer • Minister (see s 162) • official visitor • proceeding • property • public trustee and guardian • sentence administration board • (the) Territory • work health and safety commissioner. abuse settlement agreement, for part 8A.3 (Institutional child abuse—setting aside abuse settlement agreements)—see section 114J. access prevention step, in relation to the publication of digital matter, for chapter 9 (Defamation)—see section 116. accident means an incident out of which personal injury arises, and includes a motor accident. accommodation provider—see section 146. accommodation unit, for part 11.1 (Traveller accommodation providers liability)—see section 144. act of terrorism, for part 3.3 (Exclusion of liability for terrorism-associated risks)—see section 37. agent, of an accommodation provider, for part 11.1 (Traveller accommodation providers liability)—see section 144. aggrieved person, for division 9.3.1 (Concerns notices and offers to occupational liability, for schedule 4 (Professional standards)—see schedule 4, section 4.2A. animal, for division 11.2.4 (Liability of common carriers for certain animals)—see section 163. another jurisdiction, for schedule 4 (Professional standards)—see apology, for part 2.3 (Apologies)—see section 13. applicable period, for an offer to make amends, for division 9.3.1 (Concerns notices and offers to make amends)—see section 126. applicant, for part 8A.3 (Institutional child abuse—setting aside abuse settlement agreements)—see section 114K (1). apportionable claim, for chapter 7A (Proportionate liability)—see section 107B. appropriate council, in relation to another jurisdiction, for schedule 4 (Professional standards)—see schedule 4, section 4.2. associated entity, for chapter 9 (Defamation)—see the Corporations Act, section 50AAA. Australian court, for chapter 9 (Defamation)—see section 116. Australian jurisdiction, for chapter 9 (Defamation)—see section 116. Australian tribunal, for chapter 9 (Defamation)—see section 116. business assets, for schedule 4 (Professional standards)—see caching service, for division 9.2.2A (Exemptions from liability for child— (a) for part 3.1 (Wrongful act or omission causing death)—see section 23; and (b) for part 3.2 (Mental harm)—see section 32. child abuse, for chapter 8A (Institutional child abuse)—see section 114AA. child abuse claim—see section 114A. claim— (a) for chapter 5 (Personal injuries claims—pre-court (b) for part 7.1 (Damages for personal injuries—exclusions and limitations)—see section 92. claimant— (a) for chapter 5 (Personal injuries claims—pre-court (b) for chapter 7A (Proportionate liability)—see section 107C. common carrier, for part 11.2 (Common carriers)—see section 156. community organisation, for part 2.2 (Volunteers)—see section 6. community work, for part 2.2 (Volunteers)—see section 7. complying notice of claim, for chapter 5 (Personal injuries claims— pre-court procedures)—see section 49. concerns notice, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124A. concurrent wrongdoer, for chapter 7A (Proportionate liability)—see section 107D. conduit service, for division 9.2.2A (Exemptions from liability for consequential mental harm, for part 3.2 (Mental harm)—see section 32. consumer claim, for chapter 7A (Proportionate liability)—see section 107C. contribution notice, for chapter 5 (Personal injuries claims— pre-court procedures)—see section 57. contributor, for chapter 5 (Personal injuries claims—pre-court corresponding law, for schedule 4 (Professional standards)—see costs— (a) for part 14.1 (Maximum costs for certain personal injury damages claims)—see section 180; and (b) for schedule 4 (Professional standards)—see schedule 4, council— (a) for schedule 4 (Professional standards)—see schedule 4, section 4.36; and (b) for schedule 5 (Occupational associations—model code)—see schedule 5, section 5.2. country, for chapter 9 (Defamation)—see section 116. court— (b) for chapter 5 (Personal injuries claims—pre-court (c) for part 7.1 (Damages for personal injuries—exclusions and limitations)—see section 92; and (d) for part 7.3 (Contributory negligence)—see section 101; and (e) for chapter 13 (Misrepresentation)—see section 172; and (f) for part 14.1 (Maximum costs for certain personal injury damages claims)—see section 180; and (g) for part 14.2 (Costs in damages claims if no reasonable prospects of success)—see section 186; and (h) for schedule 4 (Professional standards)—see schedule 4, damage— (b) for part 7.3 (Contributory negligence)—see section 101. damages, for schedule 4 (Professional standards)—see schedule 4, default value, for division 11.2.4 (Liability of common carriers for certain animals)—see section 163. defendant, for chapter 7A (Proportionate liability)—see section 107A. digital intermediary, in relation to the publication of digital matter, for chapter 9 (Defamation)—see section 116. digital matter, for chapter 9 (Defamation)—see section 116. document, for chapter 9 (Defamation)—see section 116. donor, for part 2.2A (Food donors)—see section 11A. duty of care, for chapter 8 (Liability of public and other authorities)— see section 109. electronic communication, for chapter 9 (Defamation)—see section 116. employee, of an organisation, for part 8A.1A (Liability of organisations)—see section 114BC. equine, for schedule 3 (Equine activities)—see schedule 3, equine activity, for schedule 3 (Equine activities)—see schedule 3, equine activity sponsor, for schedule 3 (Equine activities)—see schedule 3, section 3.1. equine facility, for schedule 3 (Equine activities)—see schedule 3, equine professional, for schedule 3 (Equine activities)—see schedule 3, section 3.1. excluded corporation, for chapter 9 (Defamation)—see section 121. family member, of a person, for part 3.2 (Mental harm)—see section 32. fault, for part 11.1 (Traveller accommodation providers liability)— see section 144. fit for human consumption, in relation to food, for part 2.2A (Food donors)—see section 11A. food, for part 2.2A (Food donors)—see section 11A. funeral expenses includes costs related to any of the following: (a) the publication of death and funeral notices; (b) the services of an undertaker, including the supply of vehicles; (c) wreaths or floral tributes; (d) a funeral service; (e) a service at the burial or cremation site; (f) burial or cremation; (g) a headstone, plaque, tablet or other memorial. further particulars notice, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124A (3). general law, for chapter 9 (Defamation)—see section 116. guest—see section 148. harm, for chapter 4 (Negligence)—see section 40. inherent risks of equine activities, for schedule 3 (Equine activities)—see schedule 3, section 3.1. innkeeper’s liability, for part 11.1 (Traveller accommodation providers liability)—see section 147. insured, for part 15.3 (Attachment of insurance money)—see section 206 (1). insurer, of a person in relation to a claim, for chapter 5 (Personal injuries claims—pre-court procedures)—see section 49. interstate scheme, for schedule 4 (Professional standards)—see intoxicated, for part 7.1 (Damages for personal injuries—exclusions and limitations)—see section 92. judgment, for schedule 4 (Professional standards)—see schedule 4, legal services means legal services provided by a lawyer or the lawyer’s agent or employee. limitation amount, for part 11.1 (Traveller accommodation providers liability)—see section 144. loss, of property, for part 11.1 (Traveller accommodation providers liability)—see section 144. matter, for chapter 9 (Defamation)—see section 116. matter in question, for division 9.3.1 (Concerns notices and offers to mediation, for part 15.1 (Mediation and neutral evaluation)—see section 192 (1). mediation session, for part 15.1 (Mediation and neutral evaluation)— see section 192 (2). member, of a dead person’s family, for part 3.1 (Wrongful act or omission causing death)—see section 23. mental harm, for part 3.2 (Mental harm)—see section 32. motor accident means an accident caused by, or arising out of the use of, a motor vehicle. motor accident claim— (a) means a claim for damages for personal injury caused by a motor accident; and (b) includes, for a fatal injury, a claim by the dead person’s motor vehicle— (a) means— (i) a motor vehicle under the Road Transport (General) Act 1999; or Note A light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999. (ii) another vehicle operated on a railway or other fixed track; and (b) for part 11.1 (Traveller accommodation providers liability), includes a boat, caravan or trailer attached to a motor vehicle. negligence— (a) for part 3.2 (Mental harm)—see section 32; and (b) for chapter 4 (Negligence)—see section 40. neutral evaluation, for part 15.1 (Mediation and neutral evaluation)—see section 192 (3). neutral evaluation session, for part 15.1 (Mediation and neutral evaluation)—see section 192 (5). non-fraudulent misrepresentation, for chapter 13 (Misrepresentation)—see section 172. occupational association, for schedule 4 (Professional standards)— see schedule 4, section 4.2. occupational group, for schedule 4 (Professional standards)—see occupational liability, for schedule 4 (Professional standards)—see offer to make amends, for chapter 9 (Defamation)—see section 116. online service, for chapter 9 (Defamation)—see section 116. organisation, for part 8A.1A (Liability of organisations)—see section 114BB. parent— (a) for part 3.1 (Wrongful act or omission causing death)—see section 23; and (b) for part 3.2 (Mental harm)—see section 32. parliamentary body, for chapter 9 (Defamation)—see section 116. participant, for schedule 3 (Equine activities)—see schedule 3, participate, for schedule 3 (Equine activities)—see schedule 3, party, for chapter 5 (Personal injuries claims—pre-court personal injury means bodily injury, and includes— (a) mental or nervous shock; and (b) death. personal injury damages, for part 14.1 (Maximum costs for certain personal injury damages claims)—see section 180. personal representative, of a dead person, means the person to whom any grant of probate of the will or administration of the estate of the dead person has been made in the ACT, a State or another Territory, and includes an executor by representation or the public trustee and guardian. poster, in relation to the publication of digital matter, for chapter 9 (Defamation)—see section 116. premises includes any land or building, any fixed or moveable structure erected on any land, and any vehicle, vessel or aircraft. property, of a guest—see section 149. provable facts, in relation to a lawyer, for part 14.2 (Costs in damages claims if no reasonable prospects of success)—see section 186. provide traveller accommodation, for part 11.1 (Traveller accommodation providers liability)—see section 144. public or other authority, for chapter 8 (Liability of public and other authorities)—see section 109. publisher, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124. pure mental harm, for part 3.2 (Mental harm)—see section 32. reasonable prospects of success, for part 14.2 (Costs in damages claims if no reasonable prospects of success)—see section 186. recreational drug means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol. related trust, in relation to an unincorporated body, for chapter 8A (Institutional child abuse)—see section 114B. respondent, for chapter 5 (Personal injuries claims—pre-court responsible, for a child, for part 8A.1A (Liability of organisations)— see section 114BD. safe custody facilities, for part 11.1 (Traveller accommodation providers liability)—see section 153 (1). schedule 2 packaged goods, for part 11.2 (Common carriers)—see section 159 (1). scheme, for schedule 4 (Professional standards)—see schedule 4, search engine, for division 9.2.2A (Exemptions from liability for search engine provider, for a search engine, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B. search result, for division 9.2.2A (Exemptions from liability for storage service, for division 9.2.2A (Exemptions from liability for substantially true, for chapter 9 (Defamation)—see section 116. this jurisdiction— (a) for chapter 9 (Defamation)—see section 116; and (b) for schedule 4 (Professional standards)—see schedule 4, transport, for part 11.2 (Common carriers)—see section 156. traveller accommodation—see section 145. unsafe, in relation to food, for part 2.2A (Food donors)—see section 11A. unsuitable, in relation to food, for part 2.2A (Food donors)—see section 11A. voluntary basis, for part 2.2 (Volunteers)—see section 6. volunteer, for part 2.2 (Volunteers)—see section 6. wrong— (b) for part 7.3 (Contributory negligence)—see section 101. 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Civil Law (Wrongs) Act 2002 A2002-40 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) pt 7.1 (now pt 11.1) commenced 12 noon 1 July 2003 (s 2 (1)) ch 10 (now ch 14) commenced 1 January 2003 (s 2 (2) and CN2002-13) pt 11.1 (now pt 15.1) commenced 10 April 2003 (s 2 (2) and LA s 79) remainder commenced 1 November 2002 (s 2 (2) and CN2002-13) as modified by Civil Law (Wrongs) Regulations 2002 SL2002-41 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) remainder commenced 21 December 2002 (s 2) as amended by Statute Law Amendment Act 2002 (No 2) A2002-49 pt 3.2 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 3.2 commenced 17 January 2003 (s 2 (1)) Civil Law (Wrongs) Amendment Act 2003 A2003-6 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) remainder commenced 28 March 2003 (s 2) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.5 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.5 commenced 28 March 2003 (s 2) as modified by Civil Law (Wrongs) Regulation 2003 SL2003-20 (as am by SL2004-8 s 8, A2004-32 pt 6) notified LR 30 June 2003 s 1, s 2 commenced 30 June 2003 (LA s 75 (1)) remainder commenced 1 July 2003 (s 2) as amended by Civil Law (Wrongs) Amendment Act 2003 (No 2) A2003-35 pt 2 notified LR 8 September 2003 s 1, s 2 commenced 8 September 2003 (LA s 75 (1)) s 13, s 23 commenced 8 March 2004 (s 2 (2) and LA s 79) pt 2 remainder commenced 9 September 2003 (s 2 (1)) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.5 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1)) sch 3 pt 3.5 commenced 9 October 2003 (s 2 (1)) Civil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8 notified LR 2 March 2004 reg 1, reg 2 commenced 2 March 2004 (LA s 75 (1)) remainder commenced 3 March 2004 (reg 2) Note This regulation only amends the Civil Law (Wrongs) Regulation