AGY-7379 | Professional Standards Councils (2005-2015) / Professional Standards Authority (2015- )

Full description

In April 2003, federal, state and territory Ministers agreed to investigate a framework for national Professional standards legislation. The Commonwealth government agreed to amended legislation that permitted the civil liability of occupational association members to be limited. (1) The NSW Professional Standards Council had been in operation since 1995 and leading the endorsement for a national professional standards legislation. The Victorian Council was established in 2005, while Tasmanian, Northern Territory and South Australian Councils were formed in 2006 and a Queensland Council was formed in 2007. The Australian Capital Territory Council was formed in 2008. (2)

In October 2005, State and territory Attorneys General entered into an Intergovernmental Agreement titled the 'Professional Standards Agreement 2005'. The agreement provided for common membership of State and Territory Professional Standards Councils and allowed each state and territory and the Commonwealth to have nominated one member except NSW and Victoria, which nominated two each. This totalled 11 members who formed the governing body, the Professional Standards Councils. The Professional Standards Agreement 2005 also entitled New South Wales and Victoria to nominate the Chairman and Deputy Chairman on an alternating basis. The use of a common secretariat, operating in the NSW Attorney General's Department under the 'Office of the Professional Standards Councils' was also agreed upon to provide support to the Councils. (3)

The Professional Standards Councils' mission was to promote consumer protection and excellence in professional standards by encouraging the self-regulation of occupational groups through 'Cover of Excellence' schemes (which later became known as Professional Standards Schemes). (4)

In 2008, The Councils and all State and Territory justice departments agreed to renew the service level agreements between the Councils, the departments and the NSW Attorney General’s Department for the 2008-09 financial year. There were 27 Cover of Excellence Schemes nationwide, 24 which were prescribed by the Commonwealth Treasury, including 18 Schemes under the Trade Practices Act 1974 (Cth). (5)

The Attorney General's Department [III] was abolished on 1 July 2009 and staff of the Professional Standards Councils was transferred to the Department of Justice and Attorney General. (6)

In 2011, all jurisdictions enter into the Professional Standards Agreement 2011 to update the original agreement and Schemes are mutually recognised in every mainland state and territory. (7)

On 1 July 2015 Professional Standards Councils became a business unit of the NSW Department of Finance, Services and Innovation named the Professional Standards Authority. In May 2016, a revised organisation model was approved as part of the transition. (8)

On 1 July 2016, the Professional Standards Inter-Departmental Services Agreement and Professional Standards Councils and the Departmental Procurement of Services Agreement were renegotiated and remade. (9)

At the abolition of the Department of Finance, Services and Innovation, on 1 July 2019, staff from Professional Standards Authority were transferred to the Department of Customer Service. (10)

Endnotes
1. Professional Standards Councils, Annual Report 2003, p.4.
2. Professional Standards Councils, Annual Report 2020-2021, p.2.
3. Professional Standards Councils, Annual Report 2006-2007, p.3.
4. Ibid., p.2.
5. Professional Standards Councils, Annual Report 2008-2009, p.10.
6. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cl. 20; NSW Legislation website, 27 July 2009.
7. Professional Standards Councils, Annual Report 2011-2012, p.17.
8. Professional Standards Councils, Annual Report 2015-2016, p.41.
9. Ibid. p.42.
10. Administrative Arrangements (Administrative Changes - Public Service Agencies) Order 2019 (2019 No 159), cl.25; NSW Legislation website, 2 April 2019.