Three barristers. They are wearing white barristers wigs with curls. They are also wearing black robes. The back of their heads are showing

Professional Standards Scheme

The Association's Professional Standards Scheme operates to improve the occupational standards of barristers and to protect consumers of their services. The Scheme also limits the civil liability of barristers to whom it applies to the monetary limit specified in the professional standards scheme, which is $1.5 million. That is, members of the Association who hold a current practising certificate and approved professional indemnity insurance have their occupational liability for damages limited to $1.5 million. 

The scheme also imposes obligations on the Association to:

  • maintain a system for investigating and resolving complaints by consumers about NSW barristers;
  • ensure minimum standards of professional indemnity insurance held by NSW barristers to protect consumers;
  • ensure continuing professional education of barristers, including in areas identified as risks to the professional standards of barristers; and 
  • use evidence, including insurance claims data and complaints data to identify new and emerging risks and develop, implement and monitor strategies to address these risks. 

Benefits for consumers

The New South Wales Bar Association Professional Standards Scheme upholds the standards of local practising barristers and ensures that clients may draw upon a large and diverse pool of skilled advocates for representation and advice.  It ensures that members of the association are insured appropriately, participate in continuing professional development and are subject to a complaints and disciplinary structure.

Duration

On Friday, 28 February 2025 the Professional Standards Council of New South Wales approved the fifth Bar Association Professional Standards Scheme, which commenced in New South Wales on 1 July 2025. It also commenced in the following jurisdictions on 1 July 2025 in accordance with the Professional Standards Legislation of those states and territories and subject to the requiremenets of that legislation:

  • The Australian Capital Territory
  • Victoria
  • Western Australia
  • South Australia
  • Tasmania
  • Queensland
  • Northern Territory

On 18 October 2019 the Professional Standards Council of New South Wales approved the fourth Bar Association Professional Standards Scheme, which commenced in all applicable jurisdictions upon gazettal on 1 July 2020.

Types of work covered

The scheme applies to work carried out in the performance of barrister's professional services after 1 July 2025. 

Members' obligations 

The Professional Standards Council has issued its Policy Statement on Disclosure of Limited Liability, which gives guidance to persons covered by a scheme about how they can meet their mandatory obligations to disclose they have limited liability. All members who are covered by the scheme are required to advise all clients (including briefing solicitors) of the cap in their liability by virtue of the scheme.  

Participating members must display a disclosure statement - ‘Liability limited by a scheme approved under Professional Standards Legislation’ - on all business documents given (or caused to be given) to current or prospective clients, which promote or advertise their occupation as a barrister. Such documents might include letterhead, email, costs disclosure agreements, memoranda of fees and invoices. Business cards and social media accounts are excluded.

Important documents