Professional Standards Act 2004

Before approving a scheme, the Council must consider the following:

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

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

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

the risk management strategies of the occupational association concerned;

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

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

the standards (referred to in section 29) determined by the occupational association concerned in relation to insurance policies;

the provisions contained in the proposed scheme for the making and determination of complaints and the imposition and enforcement of disciplinary measures against members of the occupational association concerned, and may consider such other matters as the Council thinks fit.

If the scheme indicates an intention to operate as a scheme of both this jurisdiction and another jurisdiction—

the Council must also consider any matter that the appropriate Council for the 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 jurisdiction; and

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