Queensland Consolidated Acts

PROFESSIONAL STANDARDS ACT 2004

- As at 1 February 2024 
- Act 23 of 2004 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Notes in text

           Division 2 - Objects of Act

   4.      Objects of Act

           Division 3 - Application of Act

   5.      Act binds all persons
   6.      Application

           Division 4 - Interpretation

   7.      Definitions
   7A.     References to amounts payable in relation to an occupational liability

   PART 2 - LIMITATION OF LIABILITY

           Division 1 - Making, amending and revoking schemes

   8.      Preparation and approval of schemes
   9.      Public notice of schemes
   10.     Making of comments on schemes
   11.     Public hearings
   12.     Consideration of comments and other matters
   13.     Submission of schemes to Minister
   14.     Schemes are subject to disallowance
   15.     Commencement of schemes
   16.     Challenges to schemes
   17.     Review of schemes
   18.     Amendment and revocation of schemes
   18A.    Notice of revocation of scheme
   18B.    Termination of operation of interstate schemes in this jurisdiction

           Division 2 - Contents of scheme

   19.     Persons to whom scheme applies
   20.     Officers or partners of persons to whom a scheme applies
   21.     Employees of persons to whom a scheme applies
   21A.    Extension of liability limitation to other persons to whom scheme applies
   22.     Limitation of liability by insurance arrangements
   23.     Limitation of liability by reference to amount of business assets
   24.     Limitation of liability by multiple of charges
   25.     Different limits of liability for different persons and different work
   26.     Combination of provisions under ss 22, 23 and 24
   27.     Liability that can not be limited by a scheme
   27A.    Liability in damages not reduced to below relevant limit
   28.     Insurance to be of requisite standard

           Division 3 - Effect of schemes

   29.     Limit of occupational liability by schemes
   30.     Limitation of amount of damages
   31.     Effect of scheme on other parties to proceedings
   32.     Proceedings to which a scheme applies
   33.     Duration of scheme
   34.     Notification of limitation of liability

   PART 3 - COMPULSORY INSURANCE

   35.     Occupational association may compel its members to insure
   36.     Monitoring claims

   PART 4 - RISK MANAGEMENT

   37.     Risk management strategies
   38.     Reporting
   39.     Compliance audits

   PART 5 - COMPLAINTS AND DISCIPLINARY MATTERS

   40.     Model complaints and discipline code

   PART 6 - PROFESSIONAL STANDARDS COUNCIL

           Division 1 - Establishment and functions

   41.     Establishment of council
   42.     Legal status of council
   43.     Functions of council
   44.     Council’s powers
   44A.    Cooperation with authorities in other jurisdictions

           Division 2 - Membership of council

   45.     Membership of council
   46.     Chairperson and deputy chairperson of council
   47.     Term of appointment to council
   48.     Conditions of appointment to council
   49.     Disqualifications for appointment to council
   50.     Vacancy in office of member

           Division 3 - Council meetings and procedure

   51.     Times and places of council meetings
   52.     Presiding at council meetings
   53.     Voting at council meetings
   54.     Quorum for council meeting
   55.     Conduct of council meetings
   56.     Council minutes

           Division 4 - Signing documents

   57.     The council’s seal
   58.     Judicial notice of certain signatures
   59.     Authentication of documents

           Division 5 - Other provisions

   60.     Requirement to provide information
   61.     Referral of complaints
   62.     Establishing committees
   63.     Chief executive to help council
   64.     Report on council’s operations
   65.     Accountability of the council

   PART 7 - GENERAL

   66.     Characterisation of Act
   67.     No contracting out
   68.     No limitation on other insurance
   69.     Summary proceedings for offences
   70.     Protection from liability
   71.     Regulation-making power
   72.     Review of Act

   PART 8 - TRANSITIONAL PROVISIONS

   73.     Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 24
           SCHEDULE 1
           SCHEDULE 2