Australian Capital Territory

Civil Law (Wrongs) Professional Standards Council Appointment 2012 (No 2)

Disallowable instrument DI 2012—65

EXPLANATORY STATEMENT

All States and Territories have enacted legislation which enables the establishment of a national Professional Standards Council, which is made up of individual jurisdictional councils.  The objects of the legislation are to constitute Professional Standards Councils, to enable the creation of schemes to limit the civil liability of professionals and others, to facilitate the improvement of occupational standards, and to protect consumers. 

Section 4.36 of schedule 4 of the Civil Law (Wrongs) Act 2002 provides for the establishment of the ACT Professional Standards Council (ACT Council).  The ACT Council consists of eleven people appointed by the Minister who have the experience, skills and qualifications the Minister considers appropriate to enable them to make a contribution to the work of the ACT Council.  

All States and Territories have agreed to appoint the same eleven members to their Professional Standards Councils (the Councils).  The Councils will comprise one member nominated by each of the States and Territories and the Commonwealth, with the exception of NSW and Victoria, which will nominate two.

The appointment of Mr Terry Evans on the ACT Council as a member for South Australia expired on 31 December 2011.  The instrument re-appoints Mr Terry Evans as a Member to the ACT Council, commencing on the day after notification and ending on 30 December 2014.  

Mr Terry Evans is not a public servant as defined under the Legislation Act 2001.

As required by the Legislation Act 2001, the Standing Committee on Justice and Community Safety has been consulted on the appointment.  The Committee has provided no comment on the re-appointment.

The quorum for a meeting of the council is a majority of its members (section 4.47,
schedule 4 Civil Law (Wrongs) Act 2002), and therefore the vacancy of Mr Evans from 31 December 2011 until this appointment did not affect the decisions of the ACT Council made during this time.