11Consideration of comments, submissions and other matters

11 Consideration of comments, submissions and other matters

[Section 11 Substituted by No. 49 of 2016, s. 8, Applied:24 Nov 2016]

(1)  Before deciding whether to approve a scheme, the Council must consider the following:

(a) all comments and submissions made to it in accordance with section 10 ;

(b) the position of persons who may be affected by limiting the occupational liability of members of the occupational association concerned;

(c) the nature and level of claims relating to occupational liability made against members of the occupational association concerned;

(d) the risk management strategies of the occupational association concerned;

(e) the means by which those strategies are intended to be implemented;

(f) the cost and availability of insurance against occupational liability for members of the occupational association concerned;

(g) the standards (referred to in section 30 ) determined by the occupational association concerned in relation to insurance policies;

(h) the provisions contained in the proposed scheme or under statute for the making and determination of complaints and the imposition and enforcement of disciplinary measures against members of the occupational association concerned.

(2)  If a scheme indicates an intention to operate as a scheme of both Tasmania and another jurisdiction –

(a) the Council must also consider any matter that the appropriate council for that 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 other jurisdiction; and

(b) the matters to be considered by the Council, whether under subsection (1) or under paragraph (a) of this subsection, are to be considered in the context of each jurisdiction concerned.