Professional Standards Act 2004 – 14 October 2010
Professional Standards Act 2004 – 14 October 2010
Professional Standards (RICS Valuers Ltd Scheme) Notice 2015 – 23 December 2015
Professional Standards Regulation 2007 – 9 February 2007
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An occupational association may prepare a scheme. The Professional Standards Council may, on the application of an occupational association, approve a scheme so prepared. The Minister must give notice of the council’s approval of the scheme or, in the case of an interstate scheme, of the approval of the scheme by the appropriate council for the jurisdiction in which the scheme was prepared. The notice is subordinate legislation. A copy of the approved scheme must be attached to the notice when the notice is tabled in the Legislative Assembly, but the scheme is not subordinate legislation. For the definition of ‘occupational association’, refer to Schedule 2 of the Act.
- Sections 7, 8, 9, 12, 13, 14, 15, 19, 20, 21, 21A, 28, 30, 33, 37, 41, 67, Schedule 2; Regulation 3 of the Professional Standards Regulation 2007
A scheme may provide that if a person to whom the scheme applies and against whom a cause of action relating to occupational liability is brought is able to satisfy the court that: (a) the person has the benefit of an insurance policy insuring the person against the occupational liability; and (b) the amount payable under the insurance policy in relation to the occupational liability is at least 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; the person is not liable in damages in relation to that cause of action above the amount of that monetary ceiling (this is one of the scheme set-ups, others are provided in the Act). For the definitions of ‘court’ and ‘damages’, refer to Schedule 2 of the Act.
- Sections 7, 22, 23, 24, 25, 26, Schedule 2
A scheme only affects the liability for damages arising from a single cause of action to the extent the liability results in damages over an amount, of at least $500000, decided for the purposes of the scheme by the council and stated in the scheme.
- Section 27
A scheme, to the extent provided by this Act and the scheme, limits the occupational liability, in relation to a cause of action founded on an act or omission that happens when the scheme is in force, of any person to whom the scheme applies when the act or omission happens. A scheme does not limit the liability of a person (professional) to another person (client) if, at no stage before the time of the relevant act or omission, did the professional: (a) give, or cause to be given, to the client a document that carried a statement of a kind mentioned in section 34(1); or (b) otherwise inform the client, whether orally or in writing, that the professional’s liability was limited under this part. The provision does not affect any limitation of the liability of a professional to a person other than the client. Note: A person to whom a scheme applies cannot choose not to be subject to the scheme unless the occupational association concerned exempts the person from the scheme.
- Section 29
A person whose occupational liability is limited under this part must not give a business document to a client or prospective client of the person unless the business document includes a statement to that effect. Pursuant to subsection 34(5) of the Act, ‘business document’ means a document promoting or advertising a person or the person’s occupation and includes business correspondence and other similar documents the person ordinarily uses in performing the person’s occupation, but does not include a business card. Pursuant to regulation 7 of the Professional Standards Regulation 2007, the statement ‘Liability limited by a scheme approved under professional standards legislation’ is prescribed for section 34(1) of the Act. As further provided by this regulation, the statement must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.
- Section 34; Regulation 7 of the Professional Standards Regulation 2007
An occupational association may require its members to hold insurance against occupational liability. An occupational association may, through its monitoring committee or in any other way the association decides, issue practice advice to its members to minimise claims for occupational liability. A scheme may adopt the model complaints and discipline code (model code) in schedule 1 with the modifications, if any, the council approves. The modifications may include provisions about the making and deciding of complaints and the imposition and enforcement of disciplinary measures on and against members of an occupational association. Note: This Act does not limit the insurance arrangements a person may make apart from those made for the purposes of this Act – see section 68 of the Act. Pursuant to section 6 of the Act, this Act does not apply to liability for damages because of any of the following: (a) the death of, or personal injury to, a person; (b) any negligence or other fault of a lawyer in acting for a client in a personal injury claim; (c) a breach of trust; (d) fraud or dishonesty.
- Sections 6, 35, 36, 40, 68, Schedule 1; Regulation 4 of the Professional Standards Regulation 2007
Reason for law
To enable the creation of schemes to limit the civil liability of professionals and others; to help in improving the occupational standards of professionals and others; to protect the consumers of services provided by professionals and others; to establish the council to supervise the preparation and application of schemes and to help in improving occupational standards and protecting consumers. (Section 4)
Pursuant to section 3 of the Act, a note in the text of this Act is part of the Act. This may be an uncommon practice.
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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.
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