Western Australian Consolidated Acts

PROFESSIONAL STANDARDS ACT 1997 - SECT 39

39 .         Liability that cannot be limited by schemes

        (1)         A scheme can only affect the liability for damages arising from a single cause of action to the extent to which that liability results in damages exceeding such amount (but not less than $500 000) as is determined for the purposes of the scheme by the Council and specified in the scheme.

        (2)         In making a determination, the Council must have regard to — 

            (a)         the number and amounts of claims made against persons within the occupational association concerned; and

            (b)         the need adequately to protect consumers.

        (3)         A Council determination —

            (a)         takes effect when an amendment providing for its specification in the scheme takes effect; and

            (b)         applies only to a cause of action that arises after the determination takes effect.

        [Section 39 amended by No. 25 of 2004 s. 18.]