Australian Capital Territory
Civil Law (Wrongs) Professional Surveyors’ Occupational Association Scheme 2013 (No 1)
Disallowable instrument DI2013–279
made under the  
Civil Law (Wrongs) Act 2002, section 4.10, schedule 4 (Schemes are subject to disallowance)
EXPLANATORY STATEMENT

Professional Standards Legislation (PSL) was developed on a national basis following the insurance crisis of 2002.  PSL, which has been passed by all States and Territories, involves a trade-off whereby professionals have their negligence liability for economic loss capped in return for a commitment to higher standards of service delivery, monitored by a professional standards council operating on a national basis.

In 2004, the ACT passed its own PSL which was incorporated as schedule 4 of the Civil Law (Wrongs) Act 2002 (‘the ACT Act’). Section 4.10, schedule 4 of the Act provides that the Minister must give notice of an interstate scheme submitted by the appropriate council for the jurisdiction in which the scheme was prepared.

The Professional Surveyors’ Occupational Association Scheme is intended to operate in NSW, ACT, NT, Queensland and Victoria.  The NSW Professional Standards Council submitted the Scheme to the ACT Minister in accordance with the requirements under the Professional Standards Act 1994 and the requirements under the ACT Act.

The ACT Minister has given notice of the Council’s approval of the Scheme and this instrument evidences the approval.  The Scheme will remain in force for a period of 5 years from commencement unless the Scheme is revoked or extended, or its operation ceases.  The Scheme commences on 11 November 2013.