On 28 February 2025, the Professional Standards Council of New South Wales, acting in conjunction with the Councils of each Australian State and Territory, approved an application from the New South Wales Bar Association (NSW Bar) for a new professional standards scheme.
The scheme will be in force from 1 July 2025 for a period of 5 years, unless extended. This is the fifth scheme approved for the NSW Bar in NSW for national operation. (This excludes separate schemes previously approved concurrently in other states to give national effect to the scheme before the introduction of mutual recognition provisions.)
In approving the scheme, the Councils had regard to the matters set out in section 10 of the Professional Standards Act 1994 (NSW), including:
- all comments and submissions provided to the Councils in response to public notification of the scheme
- the position of persons who may be affected by limiting the occupational liability of members of the NSW Bar
- the nature and level of claims relating to occupational liability made against members of the NSW Bar
- the risk management strategies of the NSW Bar, and the means by which those strategies are intended to be implemented
- the cost and availability of insurance against occupational liability for members of the NSW Bar, and
- the standards determined by the NSW Bar in respect of insurance policies for members.
The Councils consider that it remains appropriate for participants in the NSW Bar scheme, and the clients they serve, to receive the benefits of a professional standards scheme. These include improving professional standards and placing downward pressure on insurance costs, through effective risk management, continuing professional development, and complaints and disciplinary systems.