South Australian Numbered Acts

PROFESSIONAL STANDARDS ACT 2004 (NO 45 OF 2004) - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"business assets" means the property of a person that is used in the performance of the person's occupation and that is able to be taken in proceedings to enforce a judgment of a court;

"Council" means the Professional Standards Council established by this Act;

"court" includes a tribunal and an arbitrator;

"damages" means damages awarded in respect of a claim or counter-claim or by way of set-off, and includes—

            (a)         interest payable in respect of an amount awarded as damages; and

            (b)         legal costs and expenses ordered to be paid in connection with an award of damages (other than legal costs and expenses incurred in enforcing a judgment or incurred on an appeal made by a defendant);

"exercise" of a function includes, where the function is a duty, the performance of the duty;

"function" includes a power, authority and duty;

"judgment" includes—

            (a)         a judgment given by consent; and

            (b)         a determination of a tribunal; and

            (c)         an award of an arbitrator;

"occupational association" means a body corporate—

            (a)         which represents the interests of persons who are members of the same occupational group; and

            (b)         the membership of which is limited principally to members of that occupational group;

"occupational group" includes a professional group and a trade group;

"occupational liability" means civil liability arising (in tort, contract or under statute) directly or vicariously from anything done or omitted to be done by a member of an occupational association acting in the performance of his or her occupation;

"partner" means a person who is in a partnership within the meaning of the Partnership Act 1891 ;

"scheme" means a scheme for limiting the occupational liability of members of an occupational association.