South Australian Numbered Acts

PROFESSIONAL STANDARDS ACT 2004 (NO 45 OF 2004) - SECT 23

23—Limitation of liability by insurance arrangements

A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court that the person has the benefit of an insurance policy—

            (a)         that insures the person against that occupational liability; and

            (b)         under which the amount payable in respect of the occupational liability relating to the cause of action (including any amount payable by the person by way of excess under or in relation to the policy) is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates at the time at which the act or omission giving rise to the cause of action occurred,

the person is not liable in damages in relation to that cause of action above the amount of the monetary ceiling so specified.