Territory Stories

Professional Standards Act 1994 (NSW) Association of Consulting Surveyors National Professional Standards Scheme



Professional Standards Act 1994 (NSW) Association of Consulting Surveyors National Professional Standards Scheme

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Tabled paper 1655


Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT








Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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Jurisdiction2. 2.1 The Scheme applies in New South Wales in accordance with the Act. 2.2 In addition to New South Wales, the Scheme is intended to operate in ACT, Northern Territory, Queensland, South Australia, Victoria, Western Australia and Tasmania in accordance with the professional standards legislation of those states and territories and subject to the requirements of that legislation (each a Corresponding Law), so that references to a provision of the Act, the application of the Scheme to a liability, the limit of a liability under the Act or what constitutes Occupational Liability, are intended to pick up the relevant provisions of the Corresponding Laws, applied mutatis mutandis, to the extent that is necessary for the application of the Scheme in any of those jurisdictions as an interstate scheme. Persons to whom the Scheme applies3. 3.1 The Scheme applies to: (a) all Individual Members and Corporate Members of CSN who are not exempted under clause 3.2 of the Scheme; and (b) all persons to whom the scheme applies pursuant to sections 18,19, 20 or 20A of the Act. 3.2 A person referred to in clause 3.1(a) may, on application, be exempted from participation in the Scheme by CSN with effect from the date specified by CSN. This clause 3.2 does not apply to persons to whom the Scheme applies pursuant to sections 18, 19, or 20 of the Act. 3.3 The Scheme also applies to all persons to whom the Scheme applied under clause 3.1 at the Relevant Time, whether or not the Scheme would otherwise still apply to those persons. CSN may, upon application by a person who has been exempted from the Scheme under clause 3.2, revoke an exemption of that person from participation in the Scheme with effect from the date specified by CSN. 3.4 Limitation of liability4. 4.1 The Scheme limits the Occupational Liability of a Participating Member for Damages3: (a) arising from a single cause of action founded on an act or omission by a Participating Member acting in the performance of providing services of a Consulting Surveyor; and (b) to the extent those Damages exceed the Monetary Ceiling applying in respect of the Participating Member at the Relevant Time. 4.2 If a proceeding relating to Occupational Liability is brought against a Participating Member, the Participating Member is not liable for Damages in relation to that 3 Damages as defined in section 4 of the Act means: (a) damages awarded in respect of a claim or counter-claim or by way of set-off; and (b) costs 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 (c) any interest payable on the amount of those damages or costs. 3436-8038-9133, v. 6

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