Professional Standards Act 2004

section 44

1. General procedure

The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Act and the Regulations, to be as determined by the Council.

2. Quorum

The quorum for a meeting of the Council is a majority of its members for the time being.

3. Presiding member

(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, in the event of an equality of votes, has a second or casting vote.

4. Voting

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.

5. First meeting

The Chairperson of the Council is to call the first meeting of the Council in such manner as the Chairperson thinks fit.

Schedule 4

section 58(4)

PART 1 – FEES AND CHARGES

1. Definitions

In this Part:

annual fee means the annual fee referred to in section 58(2)(b).

annual fee period, in relation to a scheme, means each period of 12 months beginning on the date on which the scheme commences and on each anniversary of that date.

2. Application fee for approval relating to occupational liability schemes

(1) An application by an occupational association for the approval of the Council of:

must be accompanied by a fee of $5 000.

(2) However, if the application is for the approval of the Council of a scheme prepared solely to replace a scheme that is to cease by effluxion of time to apply to the members of the relevant occupational association (and the application is made before the scheme so ceases to apply), the fee that must accompany the application is $2 000.

(3) Subclause (2) applies whether or not the scheme for which approval is sought differs in any way from the scheme that it is intended to replace.

3. Amount of annual fee

The annual fee to be paid to the Council by an occupational association any of whose members are subject to a scheme in force under the Act (being a scheme that applies to all persons within the association or to a specified class or classes of persons within the association) is $35 for each person to whom the scheme applies who is a member of the association at any time during the relevant annual fee period.

4. Payment of annual fee

(1) The annual fee must be paid not later than at the end of the first quarter of the annual fee period concerned.

(2) If for any reason a scheme becomes applicable to an additional member of the occupational association during the annual fee period, the payment under clause 3 must be made in respect of the additional member at the end of the quarter in which the scheme became applicable to that member.

5. Interest on overdue annual fee

If any amount of the annual fee (including any payment required under clause 4(2)) is not paid within 30 days after it is due, simple interest at the rate of 0.05% per day is payable to the Council on the outstanding balance until that balance is paid.

6. Remission of amounts payable

The Council may, if it considers that there are special reasons for doing so in a particular case, remit the whole or any part of any or all of the following:

(a) the fee payable under clause 2 for an application for the approval of the Council of a scheme or of an amendment to, or the revocation of, a scheme;

PART 2 – FORM OF STATEMENT

7. Notification of limitation of liability

(1) For the purposes of section 34(2), the following form of statement is prescribed:

Liability limited by the [insert name of relevant Scheme approved of by the Council] Scheme, approved under the Professional Standards Act 2004 (Northern Territory).

(2) The statement must be printed in a size not less than the face measurement of Times New Roman typeface in 8 point.