|
Where am I now? Lawlink > Professional Standards Council home > Members > Fees
|
Print page
|
Fees
As part of the national implementation of Professional Standards Legislation, the Standing Committee of Attorneys General has agreed to the following fees arrangements in relation to Cover of Excellence® schemes:
- $5000 application fee for the professional association for approval, amendment or revocation of a scheme;
- $50 for each member of an association covered by the scheme.
Partial fee waiver for 2011
The Professional Standards Councils help protect consumers by working with professional associations to raise their members’ professional standards and to improve risk management practices.
They regularly monitor and assess their financial situation with a view to meeting their stakeholders’ needs through a balanced budget.
At their December 2010 meeting, the Professional Standards Councils determined that there will be a one-off fee reduction of $10 per participating member of professional associations which have Cover of Excellence® schemes approved by the Professional Standards Councils. This fee reduction will take effect for a 12-month period from 1 April 2011.
Explaining the Professional Standards Councils’ resolution for a partial waiver of fees for associations in 2011, Chairman Brian Rayment QC said, “The Councils are policy-setting bodies working to raise the standards of the professions and to protect consumers, and are not intended to be profit-making bodies.
“The Professional Standards Acts through the regulations, allow us to waive all or part of the annual fee paid by associations,” Mr Rayment explained.
“The success of the take-up of Cover of Excellence® schemes by professional associations, and the loyalty of members, mean the Councils are in a position to give a one-off reduction of $10 of the fee per member, from 1st April 2011 to 31st March 2012.”
Fact sheet on payment of annual fees
Professional standards legislation aims to limit the civil liability of members of occupational groups, improve occupational standards and protect consumers of professional services. A professional practitioner may be liable for unlimited damages under general law. However, a practitioner to whom a scheme applies has limited civil liability, to the extent permitted under the legislation.
Professional standards legislation provides for the limiting of occupational liability of professionals (and members of other occupational groups) under professional standards schemes approved by the Professional Standards Councils. The relevant Acts are:
o Professional Standards Act 1994 (NSW)
o Professional Standards Act 1997 (WA)
o Professional Standards Act 2003 (Vic)
o Professional Standards Act 2004 (Qld)
o Professional Standards Act 2004 (SA)
o Professional Standards Act 2004 (NT)
o Civil Law (Wrongs) Act 2002 (ACT)
o Professional Standards Act 2005 (Tas)
The funds which enable Councils to perform their functions include fees paid by occupational associations under professional standards legislation. The annual fee payable by an occupational association to the Council(s) is based on the number of members of an association to which a scheme applies.
The annual fee to be paid to the Councils by the associations is calculated at the rate of $50 per specified member per annual fee period.
An occupational association with a scheme pays an annual fee to the Councils for the jurisdiction in which the scheme application was made.
The fee is paid for the whole annual fee period, regardless of when the person joins the association. There is no pro-rata reduction or refund for fee payment.
Most associations have only individuals as members of a scheme, but some associations also have firms and business entities as members. In these cases, it is usual for qualified staff of such firms or business entities to also be members of the association.
The fee is the liability of the occupational association. In general, occupational associations fund the amount by levying their members.
An association is required to provide the Council with an independent Annual Membership Verification Certificate, signed by its accountant, within two months of the day on which the annual fee was due, setting down the detail of quarterly fee payments, fee due dates and the accrued interest, if any.
However, an association with a cumulative number of members less than 100 may provide the Council with an Annual Membership Declaration Certificate signed by its Chief Executive Officer (or nominee) and finance officer, within the same timeframe and with the same level of detail as specified for the Annual Membership Verification Certificate.
|
|
