Australian Capital Territory
Civil Law (Wrongs) Victorian Bar Professional Standards Scheme 2014 (No 1)
Disallowable instrument DI2014–53
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 Act provides that the Attorney-General must give notice of an interstate scheme submitted by the appropriate council for the jurisdiction in which the scheme was prepared.

The Victorian Bar Professional Standards Scheme has been approved by the Victorian Professional Standards Council.  The Professional Standards Council of Victoria submitted the Scheme to the ACT Minister in accordance with the requirements under the Victorian Professional Standards Act 2003 and the requirements under the ACT Act.

Members of the Victorian Bar work in multiple jurisdictions, particularly those members who are part of law practices with offices in other states, or those who are located on the border between jurisdictions.

The Scheme is to apply in Victoria, New South Wales, Queensland, South Australia, Western Australia, the Northern Territory and the 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 until 30 June 2019 unless the scheme is revoked or extended, or its operation ceases.  The Scheme commences 1 July 2014.