What does it do?
The scheme limits the amount of damages payable for occupational liability to $1.5 million. Occupational liability is defined as ‘civil liability arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted by a member of an occupational association acting in the performance of his or her occupation’. Section 5 of the Act lists the types of occupational liability not covered under the scheme.
Who is covered?
The association’s scheme applies only to members of the Bar Association who hold a NSW practising certificate and have approved professional indemnity insurance (s17). Schemes do not apply to individuals who are not members of the relevant occupational association.
The Professional Standards Council has issued a Policy Statement on Disclosure of Limited Liability which gives guidance to persons covered by a scheme about how they can meet their mandatory obligations to disclose they have limited liability. Learn More >>
Current Bar Association Professional Standards Scheme (1 July 2010 - 30 June 2015)
Former Bar Association Professional Standards Scheme (19 January 2005 - 30 June 2010)
Professional Standards Act
Policy Statement on Disclosure of Limited Liability
The Professional Standards Councils approve and monitor Cover of Excellence® Schemes which require participating industry associations to implement strategies for improving professional standards and protecting consumers. Our Schemes also provide limited civil liability for members of those associations.
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