Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_137
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 137
Character Range: 488389–490489

137  Limit on occupational liability

State or Territory professional standards law limits liability

 (1) A professional standards law of a State, the Australian Capital Territory or the Northern Territory applies to limit occupational liability relating to an action for a contravention of section 18 of the Australian Consumer Law in the same way as it limits occupational liability arising under a law of the State or Territory.

 (2) However, the professional standards law applies for that purpose:
 (a) only in relation to a scheme that was prescribed by the regulations at the time (the contravention time) of the contravention; and
 (b) as if the scheme were in force under that law at the contravention time, in the form the scheme would have been in if:
 (i) the scheme had not been amended or revoked under that law since the scheme was first prescribed; and
 (ii) any additions, omissions, substitutions and other modifications prescribed by the regulations at the contravention time had been made to the scheme.

Operation of choice of law rules

 (3) For the purposes of working out whether a professional standards law of a particular State or Territory applies under subsection (1) in relation to a particular contravention of section 18 of the Australian Consumer Law, choice of law rules operate in relation to the contravention in the same way as they operate in relation to a tort.

Professional standards laws

 (4) A professional standards law is a law that provides for the limitation of occupational liability by reference to schemes for limiting that liability that were formulated and published in accordance with that law.

Occupational liability

 (5) Occupational liability is civil liability arising directly or vicariously from anything done or omitted by a person who:
 (a) does or omits to do the thing in the course of his or her profession, trade or occupation; and
 (b) is a member of a body:
 (i) that represents the interests of persons who have the same profession, trade or occupation; and
 (ii) whose membership is limited principally to such persons.