Australian Capital Territory
Civil Law (Wrongs) Australian Computer Society (NSW) Scheme 2009 (No 1)*
Disallowable instrument DI2009–268
made under the  
Civil Law (Wrongs) Act 2002, section 4.10, schedule 4 (Approval of schemes by Minister)

1	Name of instrument
This instrument is the Civil Law (Wrongs) Australian Computer Society (NSW) Scheme 2009 (No 1).

2	Commencement 
This instrument commences on 1 January 2010. 

3	Approved scheme
	Pursuant to section 4.10, schedule 4 of the Civil Law (Wrongs) Act 2002 I approve the attached Australian Computer Society (NSW) Scheme.

Simon Corbell MLA
Attorney General
22 December 2009

Professional Standards Act 1994 (NSW)

THE ACS LIMITED LIABILITY (NSW) SCHEME

PREAMBLE

A.	The Australian Computer Society (ACS) is an occupational association.

B.	The ACS has made an application to the Professional Standards Council, appointed under the Professional Standards Act 1994 (NSW) (the Act), for a scheme under the Act.

C.	The scheme is prepared by the ACS for the purposes of limiting occupational liability to the extent to which such liability may be limited under the Act.

D.	The scheme propounded by the ACS is to apply to ACS members who qualify as Certified Computer Professionals.

E.	The ACS has furnished the Council with a detailed list of the risk management strategies intended to be implemented in respect of its members and the means by which those strategies are intended to be implemented.

F.	The ACS has furnished the Council with insurance standards determined by ACS with which members must comply for purposes of this scheme.

G.	The scheme is intended to remain in force for five (5) years from its commencement unless, prior to that time, it is revoked, its operation ceases, or it is extended pursuant to s32 of the Act.

H.	The scheme is intended to operate as a scheme of New South Wales, the Australian Capital Territory, the Northern Territory, Queensland and Victoria.

THE ACS LIMITED LIABILITY (NSW) SCHEME

1.	Occupational association

1.1	The ACS scheme (the scheme) is a scheme under the Professional Standards Act 1994 (NSW) (the Act) prepared by the Australian Computer Society (ACS) whose business address is: Level 3, 160 Clarence Street, Sydney, NSW, 2000.

2.	Persons to Whom the Scheme Applies

2.1	The scheme applies to all individual practitioner members of the ACS who qualify as Certified Computer Professionals, unless exempted by ACS.

2.2	This scheme also applies to all persons to whom the scheme applied under clause 2.1 at the time of any act or omission giving rise to occupational liability.

2.3	The ACS may, on written application by a member to whom this scheme applies, exempt the member from the scheme, provided that the scheme does not apply to the person by virtue of that person being a partner or employee of a person to whom the scheme applies, or the person being prescribed by regulation as a person to whom the scheme applies.

3	Limitation of liability

3.1	This scheme only affects the liability for damages arising from a single cause of action to the extent to which the liability results in damages exceeding $1.5 million.

3.2	If a person, who was at the time of the act or omission giving rise to occupational liability, a person to whom the scheme applied, against whom a proceeding relating to occupational liability is brought, is able to satisfy the court that such person has the benefit of an insurance policy:

(a)	of a kind which complies with the standards determined by the ACS,
(b)	insuring such person against that occupational liability, and
(c)	under which the amount payable in respect of that occupational liability is not less than the monetary ceiling specified in this scheme,

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

3.3	The monetary ceiling is $1.5 million. 

3.4	Clause 3.2 does not limit the amount of damages to which a person to whom the scheme applies is liable if the amount is less than the amount specified for the purpose in this scheme in relation to a person to whom the scheme applies.

3.5	This scheme limits the occupational liability in respect of a cause of action founded on an act or omission occurring during the period when the scheme was in force in respect of any person to whom the scheme applied at the time the act or omission occurred.

4	Conferral of discretionary amount

4.1	Pursuant to s24 of the Act this scheme confers on the ACS a discretionary authority to specify, on application by a person to whom the scheme applies, in relation to that person, a monetary ceiling (maximum amount of liability) not exceeding $10 million in relation to the person either in all cases or in any specified case or class of case. 

5	Duration

5.1	This scheme will commence on 1 January 2010 and will be in force for a period of 5 years from the date of commencement.