Western Australian Consolidated Acts

PROFESSIONAL STANDARDS ACT 1997 - SECT 4

4 .         Terms used

        (1)         In this Act, unless the contrary intention appears — 

        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 means the property of a person that is used in the performance of the person’s occupation and that is able to be taken in proceedings to enforce a judgment of a court;

        corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the regulations to be a corresponding law of that jurisdiction for the purposes of this Act;

        costs includes fees, charges, disbursements and expenses;

        Council means the Professional Standards Council established by section 8;

        court includes an arbitrator;

        damages means —

            (a)         damages awarded in respect of a claim or counter-claim or claim by way of set-off; and

            (b)         costs in or in relation to the proceedings ordered to be paid in connection with such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by the defendant); and

            (c)         any interest payable on the amount of those damages or costs;

        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)         a judgment given by consent; and

            (b)         an award of an arbitrator;

        occupational association means a body corporate — 

            (a)         which 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 that occupational group or those occupational groups;

        occupational group includes a professional group and a trade group;

        occupational liability means civil liability arising (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 his or her occupation;

        partner has the same meaning as it has in the Partnership Act 1895 ;

        scheme means a scheme for limiting the occupational liability of members of an occupational association, and includes an interstate scheme;

        this jurisdiction means Western Australia.

        (2)         When this Act refers to the amount payable under an insurance policy in respect of an occupational liability it includes —

            (a)         defence costs payable in respect of a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if those costs are payable out of the one sum insured under the policy in respect of the occupational liability; and

            (b)         the amount payable under or in relation to the policy by way of excess.

        [Section 4 amended by No. 74 of 2003 s. 144(2); No. 25 of 2004 s. 4; No. 3 of 2010 s. 4 and 10.]