Queensland Consolidated Acts Queensland Consolidated Acts(1) A scheme, to the extent provided by this Act and the scheme, limits the occupational liability, in relation to a cause of action founded on an act or omission that happens when the scheme is in force, of any person to whom the scheme applies when the act or omission happens.
(2) A scheme does not limit the liability of a person (professional) to another person (client) if, at no stage before the time of the relevant act or omission, did the professional--
(a) give, or cause to be given, to the client a document that carried a statement of a kind mentioned in section 34(1); or
(b) otherwise inform the client, whether orally or in writing, that the professional's liability was limited under this part.
Note--
A professional may also be prosecuted under section 34 for a contravention of section 34(1).
(3) Subsection (2) does not affect any limitation of the liability of a professional to a person other than the client.
(4) The limitation of liability that applies is the limitation stated by the scheme as in force when the act or omission giving rise to the cause of action concerned happened.
(5) A limitation of liability that, under this section, applies for an act or omission continues to apply to every cause of action founded on it, irrespective of--
(a) when the cause arises or proceedings are started for it; or
(b) any amendment of the scheme; or
(c) whether the scheme has ceased to be in force.
(6) A person to whom a scheme applies can not choose not to be subject to the scheme unless the occupational association concerned exempts the person from the scheme.