New South Wales Consolidated Acts

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Functions of Council

43 Functions of Council

(1) The Council has the following functions:
(a) to give advice to the Minister concerning:
(i) 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 such a scheme,
(ii) the operation of this Act,
(iii) any other matter relating to the occupational liability of members of occupational associations,
(b) to give advice to occupational associations concerning policies of insurance for the purposes of Part 2,
(c) to encourage and assist in the improvement of occupational standards of members of occupational associations,
(d) to encourage and assist in the development of self-regulation of occupational associations, including the giving of advice and assistance concerning the following:
(i) codes of ethics,
(ii) codes of practice,
(iii) quality management,
(iv) risk management,
(v) resolution of complaints by clients,
(vi) voluntary mediation services,
(vii) membership requirements,
(viii) discipline of members,
(ix) continuing occupational education,
(e) to monitor the occupational standards of persons to whom this Act applies,
(f) to monitor the compliance by an occupational association with its risk management strategies,
(g) to publish advice and information concerning the matters referred to in this section,
(h) to conduct forums on issues of interest to members of occupational groups,
(i) to collect, analyse and provide the Minister with information on issues and policies concerning the standards of occupational groups,
(j) to institute proceedings in its own name for the prosecution of an offence against this Act or the regulations that comes to its notice or for injunctive or other relief in respect of such offences.
(2) The Council is not empowered to give advice concerning occupational standards contained in any other Act or statutory instrument.
(3) Any advice given to the Minister by the Council may be given either at the request of the Minister or without any such request.
(4) The Council has such other functions as are conferred or imposed on it by or under this or any other Act or law.
(5) The Council is taken to have locus standi for the purpose of pursuing any injunctive or other relief in accordance with 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.

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