Queensland Consolidated Acts Queensland Consolidated Actsamount payable, under an insurance policy in relation to an occupational liability relating to a cause of action, includes any amount payable by way of excess under or in relation to the policy.
another jurisdiction means any State or Territory, other than this jurisdiction.
appropriate council, in relation to another jurisdiction, means the authority that, under the corresponding law of that jurisdiction, has functions that are substantially the same as the council's functions under this Act.
business assets, of a person, means the property of the person that--
(a) is used in the performance of the person's occupation; and
(b) is able to be taken in proceedings to enforce a judgment of a court.
comment includes submission.
convicted includes being found guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared under a regulation to be a corresponding law of that jurisdiction for this Act.
costs includes fees, charges, disbursements and expenses.
council means the Professional Standards Council established under section 41.
court includes an arbitrator.
damages means--
(a) damages awarded for a claim or counter-claim or by way of set-off; and
(b) costs in relation to the proceedings ordered to be paid in connection with the award, other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant; and
(c) any interest payable on the amount of those damages or costs.
defendant means a person to whom a scheme applies and against whom a cause of action relating to occupational liability is brought.
insolvent under administration, in relation to an individual, means the individual is an insolvent under administration within the meaning of the Corporations Act, section 9.
insurance standards see section 28.
interstate scheme means a scheme--
(a) that has been prepared under the corresponding law of another jurisdiction; and
(b) that operates, or indicates an intention to operate, as a scheme of this jurisdiction.
judgment includes a judgment given by consent and an award of an arbitrator.
model code see section 40.
occupational association means a body corporate--
(a) that represents the interests of persons who are members of the same occupational group or related occupational groups; and
(b) the membership of which is limited principally to members of the occupational group or the related occupational groups.
occupational group includes a professional group and a trade group.
occupational liability means any civil liability arising, whether 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 the member's occupation.
officer--
(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act--has the same meaning as in that Act; and
(b) in relation to a body corporate that is not a corporation within the meaning of that Act--means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate.
partner has the same meaning as in the Partnership Act 1891.
relevant time, in relation to a cause of action relating to occupational liability, means the time when the act or omission giving rise to the cause of action happened.
scheme means a scheme for limiting the occupational liability of members of an occupational association and includes an interstate scheme.
this jurisdiction means Queensland.