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National Competition Policy Review of the Professional Standards Act 1994

ISSUES PAPER

Foreword

Terms of Reference

1. Introduction


    1.1 The Professional Standards Act 1994

    1.2 The need for review of the Act

    1.3 Who does this review affect?


2. The context of the review and the operation of the act

    2.1 The context of the review - Competition Policy

    2.2 The context of the review - Section 55

    2.3 Operation of the Professional Standards Act

    2.4 The schemes as part of the legislation


3. The Objectives Of The Act

    3.1 Introduction

    3.2 Legislative statement of objectives

    3.3 Background to the legislation

    3.4 The pressure for reform

    3.5 Proposals for reform

    3.6 The Professional Standards Council


4. The “Market” and regulatory options

    4.1 Concept of a “market”

    4.2 The “market” for the Professional Standards Act

    4.3 Characteristics of markets for occupational services

4.4 Regulatory options
4.5 Occupational licensing …

5. Capping


    5.1 Introduction

    5.2 Fairness

    5.3 Deterrent effect

5.4 Lack of effectiveness
5.5 Forum shopping
5.6 Risk management & complaints handling
5.7 Amount of the statutory cap
5.8 Disclosure of cap

6. Impact on Competition


    6.1 Introduction

    6.2 Restrictions on competition

    6.3 Possible areas of concern
    6.3.1 Restrictions on who can provide services
    6.3.2 Controls on price
    6.3.3 Restrictions on conduct of members
    6.3.4 Advertising and the provision of information
    6.3.5 Significant costs
    6.3.6 Discriminating advantages


7. Legal Developments

    7.1 Developments in tort law

APPENDIX A Schemes approved under the Professional Standards Act

APPENDIX B Competition Policy Review flow chart

APPENDIX C Consolidated list of issues


 

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most recently updated 25 June 2001