Frequently Asked Questions
Q1: Where can I get the Australian Standard for ?
A: Australian Standards are administered by Standards Australia. Their toll-free number is 1800 035 822. The Professional Standards Council has no relationship to Standards Australia and /or Australian Standards.
Q2: What is “professional standards legislation”?
A: Professional standards legislation was created to help occupational associations improve the professional practice standards of their members so that consumers of their services are better protected. The legislation allows for the creation of schemes that commit the members of occupational associations that have them to a high standard of professional service and consumer care. A person who is a member of an association with a scheme and to whom the scheme applies is also covered by an upper limit of occupational liability.
Each State and Territory has its own professional standards legislation. Find out more.
Q3: What is an “occupational association”?
A: An occupational association is a group, which represents people who work in the same profession or occupation (e.g., the NSW Law Society for lawyers in New South Wales; or the Australian Computer Society for IT professionals). In all jurisdictions except South Australia and Victoria, such an association can represent the interests of related occupational groups. Individuals must be members of an occupational association before they are entitled to representation by their association or to be covered by its scheme.
It is important to understand that not all members of an occupational association with a Cover of Excellence® scheme are automatically covered by the scheme; this is determined by the scheme itself.
Q4: What is a professional standards scheme?
A: A professional standards scheme indicates that an occupational association and its members are committed to a high standard of professional service and consumer care. As the association is responsible for the conduct of its members, it must have the following systems in place to qualify for a scheme:
Continuing Professional Development (i.e. continuing occupational education) of its members
Admission requirements to the association
A publicly accessible Complaints and Discipline process
A Code of Ethics
Compulsory standards for Professional Indemnity Insurance for all its members, up to a specified level of liability
Risk Management systems that monitor all of the above, and track claims made against any members
The association must also report on monitoring and implementation of risk management strategies and the effect of those strategies on improving professional standards and risk management
A person who is a member of an association with a scheme (and a member to whom the scheme applies) is also covered by an upper limit of occupational liability (specified in the scheme document), provided the person complies with all the other requirements of the scheme.
This means the person can use the scheme’s cap in their defence, in the event of being sued; and a consumer can be confident that the professional has insurance in place, or sufficient assets available to meet any successful claim, to the limit of the relevant cap.
For more detailed information about the specific scheme applying to a particular person, please contact the relevant occupational association. The Office of the Professional Standards Councils maintains contact details for redirecting your inquiry, if appropriate, or you may follow the links listed in the Professional Standards Councils’ website’s links page. Go there now.
For more detailed advice regarding the legal implications of a scheme, you may need to seek independent legal advice. The Office of the Professional Standards Councils cannot provide legal advice about schemes.
Q5: How can I apply for a scheme?
A: An individual practitioner cannot apply for a scheme. An application can only be made by an occupational association (for example, the Law Society of NSW rather than lawyers themselves).
If you represent an occupational association that is considering applying for a scheme, your first step should be to contact the Office of the Professional Standards Councils (go to our Contacts page). Someone from the Office of the Professional Standards Councils will be able to talk to you about the requirements for applying for a scheme, and any assistance available to you.
Q6: Can any association get a scheme?
A: Only occupational associations that satisfy the requirements of the professional standards legislation can be part of a professional standards scheme. Reading through the Application Guidelines (read them now) will give you an idea of these requirements.
Q7: What is the process for applying for a scheme?
A: An application for a scheme is made to the Professional Standards Council/s.
The Application Guidelines (read them now) provide an overview of the information and analysis needed to support a complete application. They also provide a guide to the necessary features an occupational association needs to qualify for a scheme (please note, the Application Guidelines are subject to change).
Ensuring fulfilment of application criteria can take upwards of several months. For example, to complete an application for a scheme, the occupational association must supply detailed information regarding professional indemnity insurance for its members, and comprehensive data regarding claims made against its members. This may require the occupational association to conduct a survey of its members – a process that the Office of the Professional Standards Councils can assist with, and which will take additional time.
Before the Council approves a scheme, the scheme must be publicly notified (ie advertised in the press), with an opportunity given for public comment. After approval, the scheme must then be published in the relevant Government Gazette/s, before taking affect.
Q8: How long does it take to process a scheme application?
A: Each scheme application is unique, based on the particular circumstances of your occupational association, and it is difficult to estimate the general time it may take between applying for a scheme and having it in place (please refer to our Application Guidelines for a brief guide to the application process).
However, as a guide, you should not expect a scheme to be ready for public notification (ie advertising in the press), prior to final approval, less than three months after a FINAL application has been completed, depending on the unique aspects involved with your application.
Q9: I would like to buy a scheme. How do I do that?
A: A scheme cannot be purchased. Only an occupational association can obtain a scheme, after a set application and approval process. Please refer to our Application Guidelines for further information about scheme applications.
Q10: What is the duration of a scheme?
A: Schemes can be approved to be in force for up to 5 years from their commencement date. The duration of each scheme will be set out at the top of the scheme document.
Q11: I want to comment on a scheme before it is approved. What can I do?
A: Before a scheme is approved, the Professional Standards Council/s will publish a public notice stating how and by when to submit any comments concerning a scheme before that scheme is approved.
Q12: Are all the acts or omissions of a practitioner subject to limitation of liability if the practitioner is covered by a scheme?
A: The legislation, generally, does not apply to liability for damages arising from:
(a) the death of, or personal injury to, a person;
(b) a breach of trust; or
(c) fraud or dishonesty.
NB: We are unable to provide legal advice as to whether a particular act or omission of a practitioner is subject to limitation of liability.
Q13: Can you give me legal advice concerning the conduct of a practitioner covered by a scheme?
A: No. We provide information in relation to professional standards legislation and Cover of Excellence® schemes, but do not give legal advice. If you need legal advice, you should obtain it from an independent legal practitioner.
Q14: I want to know more about the Cover of Excellence ® Schemes.
A: Please browse through our webpage and the links provided, in particular links to the legislation. Go there now.
Q15: What does the Cover of Excellence® trademark mean?
A: The Cover of Excellence® trademark indicates that the person who displays it is a member of an association that holds a scheme under professional standards legislation, and is a member to whom the scheme applies.
All persons to whom an occupational association’s scheme applies are required to display the Cover of Excellence trademark, with a statement indicating their occupational liability is limited by such a scheme.
This means the person is a member of an association that is committed to a high standard of professional service and consumer care. Question 4 above sets out in more detail the requirements that an occupational association must fulfil before gaining scheme approval.
Q16: Can I have a copy of the Cover of Excellence® trademark logo?
A: The Cover of Excellence® logo is only provided by an occupational association administering a scheme for its members. This inquiry should be directed to the relevant scheme administrator. The Office of the Professional Standards Councils maintains contact details for occupational associations and will be happy to assist in redirecting your query.
Q17: A practitioner I recently engaged told me that he/she has the Cover of Excellence® but I am unable to find out which category he/she belongs to.
A: Current schemes in force can be viewed here. The scheme document for each occupational association will set out the categories of members that scheme applies to. If you are still in doubt, you should contact the occupational association directly. The Office of the Professional Standards Councils maintains contact details for occupational associations and will be happy to assist in redirecting your query.
Q18: How do I know if a person is covered by a scheme?
A: The Professional Standards Councils website contains a list of schemes currently in force across Australia (go to the list now). If there is a scheme in your State or Territory that may cover the person you are dealing with, you can ask whether they are a member of the relevant occupational association and, if so, whether they are covered by that association’s scheme.
All persons covered by a scheme are obliged to disclose a statement indicating that their occupational liability is limited by such a scheme in all documents (other than business cards) given to a client or a prospective client.
If you are aware of any person covered by a scheme not displaying this statement, please contact the Office of the Professional Standards Councils (see our contact details now).
Q19: I am a person who is covered by a scheme. I do not wish to draw attention to my limited liability.
A: If you are covered by a scheme, there is a statutory requirement that all documents given to your clients (or prospective clients) notify them of your limited liability. It is an offence not to do so – for which there can be significant financial penalties (up to $20,000). Disclosure of your limited liability is mandatory.
Q20: I want to make a complaint against a practitioner; can I make that complaint to you?
A: No. All complaints about individual practitioners should be made to their occupational association (each occupational association that administers a scheme must have a publicly accessible Complaints and Discipline process in place). The Office of the Professional Standards Councils does maintain contact details for occupational associations and will be happy to assist in redirecting your query.
Q21: I engaged a practitioner who displayed a Cover of Excellence ® trademark on their stationery. I am unhappy about the practitioner. Can I complain about the practitioner to you?
A: Please refer to the previous question.
Q22: What do the Professional Standards Councils do?
A: Each State and Territory has its own Professional Standards Council which assesses applications for schemes and decides whether to approve schemes in their State or Territory. This includes assessing the sufficiency of risk management strategies (as discussed in question 4), and scrutinising historical claims data to assess the sufficiency of the proposed limit/s to occupational liability, from the perspective of consumer protection. All such assessments are made in accordance with the objectives of professional standards legislation; namely, to enable the creation of schemes limiting occupational liability, to facilitate the improvement of occupational standards, and to protect the consumers of services provided by professionals.
The Council then monitors the operation of each scheme, in line with its specific requirements, and in conjunction with updated information regarding claims made against members of the association.
Each State or Territory nominates member/s to the Council and common membership of the Councils enable individuals with diverse experience, skills and qualifications to sit together to perform the Councils’ functions.
Q23: How do I get in touch with the Professional Standards Council?
A: Through the Office of the Professional Standards Councils, which you can contact directly.
Q24: How can I obtain a copy of Council policies?
A: You can view our Publications & Policies page – go there now.
Q25: Is there an Office of the Professional Standards Council near me?
A: The Professional Standards Councils of each State and Territory are supported by a single office, which deals with the day-to-day business and preparation of schemes. The Office of the Professional Standards Councils is based in Parramatta, New South Wales, from where it performs the work required for each State and Territory.
Q26: My question has not been answered here. Where can I go now?
A: Please contact the Office of the Professional Standards Councils.
You may also be interested in other frequently asked questions regarding Cover of Excellence® schemes (go there now) and other general information about Schemes. There is also some interesting Q&A information on our Consumer page.
Revised: April 2010
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