Professional Standards Act 1997

to enable the creation of schemes to limit the civil liability of professionals and others;

to facilitate the improvement of occupational standards of professionals and others;

to protect the consumers of the services provided by professionals and others; and

to establish the Professional Standards Council to supervise the preparation and approval of schemes and to assist in the improvement of occupational standards and protection of consumers.

In this Act, unless the contrary intention appears —

damages awarded in respect of a claim or counter‑claim or claim by way of set‑off; and

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 the defendant); and

any interest payable on the amount of those damages or costs;

that has been prepared under the corresponding law of another jurisdiction; and

that operates, or indicates an intention to operate, as a scheme of this jurisdiction;

a judgment given by consent; and

an award of an arbitrator;

which represents the interests of persons who are members of the same occupational group or related occupational groups; and

the membership of which is limited principally to members of that occupational group or those occupational groups;

When this Act refers to the amount payable under an insurance policy in respect of an occupational liability it includes —

defence costs payable in respect of a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if those costs are payable out of the one sum insured under the policy in respect of the occupational liability; and

the amount payable under or in relation to the policy by way of excess.

This Act does not apply to liability for damages arising from —

the death of, or personal injury to, a person; or

a breach of trust; or

fraud or dishonesty.

This Act does not apply to liability which may be the subject of proceedings under Part XII of the Transfer of Land Act 1893.

Subsection (1)(a) does not operate to exclude from the operation of this Act liability for damages arising out of any negligence or other fault of a legal practitioner in acting for a client in a personal injury claim.

To the extent to which Parts 4, 5 and 6 are inconsistent with another Act, the other Act prevails.

Otherwise, this Act has effect despite any other written law to the contrary.

This Act does not affect the operation of section 5 of the Corporations (Western Australia) Act 1990 ².

The Professional Standards Council is established.

The Council is a body corporate with perpetual succession.

Proceedings may be taken by or against the Council in its corporate name.

The functions of the Council are —

to give advice to the Minister concerning —

the publication in the Gazette of a scheme, or of an amendment to a scheme, submitted to the Minister, or of notice of the revocation of a scheme;

the operation of this Act; and

any other matter relating to the occupational liability of members of occupational associations;

to give advice to occupational associations concerning policies of insurance for the purposes of Part 3;

to encourage and assist in the improvement of occupational standards of members of occupational associations;

to encourage and assist in the development of self‑regulation of occupational associations, including the giving of advice and assistance concerning —

codes of ethics;

codes of practice;

quality management;

risk management;

resolution of complaints by clients;

voluntary mediation services;

membership requirements;

discipline of members; and

continuing occupational education;

to monitor the occupational standards of persons to whom this Act applies;

to monitor the compliance by occupational associations with their risk management strategies;

to publish advice and information concerning the matters referred to in this section;

to conduct forums on issues of interest to members of occupational groups;

to collect, analyse and provide the Minister with information on issues and policies concerning the standards of occupational groups; and

to institute proceedings in its own name for —

the prosecution of; or

injunctive or other relief in respect of,

The Council is not empowered to give advice concerning occupational standards contained in any written law other than this Act.

Any advice given to the Minister by the Council may be given either at the request of the Minister or without any such request.

The Council has such other functions as are conferred or imposed on it under this Act or any other Act or law.

The Council is taken to have locus standi for the purpose of pursuing any injunctive or other relief under subsection (1)(j), and is not to be required to give any undertaking as to damages in connection with the grant of any interlocutory relief.