Victorian Current Acts

PROFESSIONAL STANDARDS ACT 2003

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Definitions  
   5.      Does this Act apply to all types of occupational liability?  
   6.      Relationship of this Act to other laws  
   7.      Act binds the Crown  

   PART 2--LIMITATION OF LIABILITY

           Division 1--Making, amendment and revocation of schemes

   8.      Preparation and approval of schemes  
   9.      Public notification of schemes  
   10.     Making of comments and submissions concerning schemes  
   11.     Consideration of comments, submissions and other matters  
   12.     Public hearings  
   13.     Submission of schemes to Minister  
   14.     Gazettal, tabling and disallowance of schemes  
   15.     Commencement of schemes  
   16.     Challenges to schemes  
   17.     Review of schemes  
   18.     Amendment and revocation of Victorian schemes  
   18A.    Notification of revocation of schemes  
   18B.    Termination of operation of interstate schemes in this jurisdiction  

           Division 2--Contents of schemes

   19.     Persons to whom scheme applies  
   20.     Officers or partners of persons to whom a scheme applies  
   21.     Employees of persons to whom a scheme applies  
   22.     Other persons to whom a scheme applies  
   23.     Limitation of liability by insurance arrangements  
   24.     Limitation of liability by reference to amount of business assets  
   25.     Limitation of liability by multiple of charges  
   26.     Specification of different limits of liability  
   27.     Combination of provisions under sections 23, 24 and 25  
   28.     Liability that cannot be limited by a scheme  
   28A.    Liability in damages not reduced to below relevant limit  
   29.     Insurance to be of requisite standard  

           Division 3--Effect of schemes

   30.     Limit of occupational liability by schemes  
   31.     Limitation of amount of damages  
   32.     Effect of scheme on other parties to proceedings  
   33.     Proceedings to which a scheme applies  
   34.     Duration of scheme  
   35.     Notification of limitation of liability  

   PART 3--COMPULSORY INSURANCE

   36.     Occupational association may compel its members to insure  
   37.     Monitoring claims  

   PART 4--RISK MANAGEMENT

   38.     Risk management strategies  
   39.     Reporting  
   40.     Compliance audits  

   PART 5--COMPLAINTS AND DISCIPLINARY MATTERS

   41.     Occupational Associations (Complaints and Discipline) Code  

   PART 6--THE PROFESSIONAL STANDARDS COUNCIL

           Division 1--Establishment of the Council

   42.     Establishment of the Council  

           Division 2--Membership and procedure of the Council

   43.     Membership of the Council  
   44.     Provisions relating to members of the Council  
   45.     Provisions relating to procedure of the Council  

           Division 3--Functions of the Council

   46.     Functions of Council  
   46A.    Co-operation with authorities in other jurisdictions  

           Division 4--Miscellaneous

   47.     Requirement to provide information  
   48.     Referral of complaints  
   49.     Committees of the Council  
   50.     Engagement of consultants  
   51.     Accountability of the Council  
   52.     Professional Standards Council Fund  
   52A.    Delegation  
   52B.    Council may enter into agreements  

   PART 7--MISCELLANEOUS

   53.     Characterisation of this Act  
   54.     No contracting out of this Act  
   55.     No limitation on other insurance  
   56.     Limitation of Supreme Court jurisdiction  
   57.     Regulations  
   58.      Review of Act  
   59.     Transitional provisions—Justice Legislation (Further Amendment) Act 2006  
   60.     Transitional provisions—Professional Standards Amendment Act 2007  
   61.     Expiry date of existing schemes—Professional Standards and Legal Profession Acts Amendment Act 2008  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES