The ACS Professional Standards scheme

The ACS PSS is not an insurance policy. It does however require participating members to hold PII that meets the requirements of the ACS Insurance Standards. Through a separate member service initiative, ACS provides umbrella insurance policies that include PII, covering all members with an annual professional income within a certain limit; a higher fee income threshold applies to CP members.

ACS PSS participation, and compliance, is mandatory for all current CP members. The ACS PSS applies to all CP members who have not been granted exemption via the Annual PSS Compliance Declaration. The ACS PSS does not apply to ACS members who do not hold a current CP certification or unfinancial members.

The ACS PSS Exemption Guidelines can be seen HERE.

The ACS PSS only applies to civil liability (anticipated loss) arising from anything done, or omitted, by a participating member in the performance of their professional duties/services. The ACS PSS is not intended to cover, for example, losses arising from death or personal injury of a person, breach of trust, fraud or dishonesty.

A PSS is a legal agreement that obliges the association, in this case ACS, to monitor, enforce and improve the professional standards of PSS participating members; the intention being to reduce risk for customers/clients of the professional services provided.

In recognition of reduced risk through commitment to professional standards and improvements thereof, a PSS caps the quantum of damages that participating professionals could incur if a court upholds a civil claim against them.

The ACS PSS is monitored and reviewed on an ongoing basis by  ACS and the PSC. Future changes in claims history and client/consumer risk will result in adaptation of controls and requirements of participating members under the ACS PSS, and adjustments to liability caps.

The level of limited liability for a PSS is generally proposed and approved at a level to accommodate the normal range of claims.

A liability cap is set at a level that recognises the general claims history of a profession/occupational group, without being distorted by extreme outlier claims. The liability cap is however adjusted over time for any substantiated change drivers affecting the profession/industry risk profile. The liability cap is arrived at by actuarial analysis of the claims data history.

The liability cap of $2m per claim has been reapproved for the current ACS PSS. This recognises the generally stable risk profile of CP members.

A PSS adds credibility to industry certifications and professional standards and, for ACS, adds weight to the critical message of professionalism across the tech sector and roles. Everybody is an indirect consumer of professional tech services, and all consumers (and clients) benefit from tech professional standards rising over time. 

The ACS PSS is subject to ongoing scrutiny by the PSC, and enhances the professional standards of participating members through:

• ongoing review of entry requirements and assessment processes

• the application of suitable standards of education and professional experience  

• audit and enforcement of CPD and PSS professional obligations

• addressing client risk in its education services

• maintaining and promoting our ethical codes

• maintaining strong complaint and disciplinary systems 

• the requirement to be covered by adequate insurance that meets the ACS Insurance Standards 

With insurance markets responding to emerging industry trends, from time-to-time professional communities have difficulty accessing PII. 

Historically, PII access has not been a significant issue in the tech sector - with no substantial, active history of client claims for negligence against tech professionals. However, recent trends in higher risk areas such as managed data services and cyber security show that the claims environment is changing. 

Demonstrated application of professional standards and liability cap(s) under a PSS help to ensure that a professional community remains attractive to insurers, and PSS compliance systems ensure individuals carry suitable PII cover. 

This is good for professionals and good for their clients/consumers. 

The ACS Professional Standards Board, under delegation from the ACS Management Committee, internally governs the ACS PSS. The Director Capability, supported by the ACS PSS team, has executive and operational responsibility for the ACS PSS.

The statutory regulator, PSC, considers and approves PSS applications; the ACS PSS has a five-year administration and reporting plan.

ACS has been operating a PSS (under professional standards legislation) since 2010. 

In all Australian states and territories. The ACS PSS is constituted under New South Wales legislation and recognised in other Australian states and territories under the mutual recognition provisions of respective professional standards legislation.

ACS will respond to public enquiries regarding any member’s PSS participation status.

An ACS PSS participant will also disclose their limited liability in their business stationery as required by professional standards legislation. For more information on the disclosure requirement, expand on the next question below.

ACS PSS participants are required to disclose that their liability is capped under professional standards legislation. Failure to comply with the disclosure requirements is a breach and may be an offence under professional standards legislation.

The disclosure wording that must be used is as follows:

• Liability limited by a scheme approved under Professional Standards Legislation.

• It must be printed in a size not less than Times New Roman 8-point font. 

• As this is a legally prescribed statement, ACS recommends you seek independent legal advice should you need to make any changes to it.

For more information on the disclosure requirements, please see the PSC’s Disclosure Factsheet here – https://www.psc.gov.au/sites/default/files/Disclosure%20factsheet.pdf.

The particular questions and their number will depend on the circumstances of each CP member. ACS PSS participants must answer all questions until you reach the final Declaration page.

This Declaration is comprised of the following:

• The Australian Computer Society Professional

• Standards Scheme

• The ACS PSS Annual Compliance Declaration: Purpose & Privacy

How to Complete this Declaration Q&As

Section A: Your Details 
Section B: CPD 
Section C: ACS Codes of Professional Ethics & Professional Conduct
Section D: Exemption from PSS Participation 
Section E:  Details of PI Insurance covering your Professional Services  
Section F: Notifying ACS of PI Insurance Notifications, Claims, Settlements
Section G: Disclosure of Limited Liability 
Section H: Discretionary Monetary Ceiling  
Section I: Declaration

All CP members must complete sections A - D, I and J of the Annual PSS Compliance Declaration.

Two examples of completed PSS Compliance Declarations are provided to assist you:

• Sample declaration (1) – ACS PSS Exempt Response – HERE

• Sample declaration (2) – ACS PSS Participant Response (with own PI insurance arrangement) – HERE

No. As academia is not your sole source of paid income, you must participate in the ACS PSS.

If eligible, ACS CP members will be able to apply for exemption by completing the Annual PSS Compliance Declaration. 

If a CP member’s exemption grounds no longer apply, they will need to contact the PSS team at pss@acs.org.au to update their exemption status. 

The ACS PSS Exemption Guidelines can be seen HERE.

CP members self-declare compliance via the Annual PSS Compliance Declaration. ACS is then responsible to sight evidence of compliance via the PSS Compliance Audit.

ACS recommends that CP members maintain the following records to help them in the event they are selected to participate in the PSS Compliance Audit:

• Keep personal details up to date in MyACS portal, including contact and employer details

• Complete the Annual PSS Compliance Declaration in timely manner

• File your insurance documentation in a secure, accessible repository

• Maintain CPD records of at least 30 CPD hours for each certification year. As MyACS will be the first point of reference at an audit, ACS strongly recommends all CP members to use MyACS portal as a single repository for all CPD records:

  - login and select ‘My Dashboard’ > scroll down >  ‘CPD Dashboard’ >

  - select ‘View CPD Hours Details’ > scroll down > ‘Upload CPD Hours’

  - create CPD records (CPD hours are automatically logged for ACS events, courses and online learning)

If eligible, ACS CP members are able to apply for a variation of the default monetary ceiling – which is $2 million - applicable to a claim under the ACS PSS.

ACS PSS participants can request a monetary ceiling that is higher than the $2 million cap, provided they can meet the requirements of the ACS PSS Discretionary Monetary Ceiling (DMC) Guidelines.

There may be different reasons why an ACS PSS participant might apply for a DMC variation, but they are usually initiated at the request of client(s) wanting a higher cap or unlimited liability for the ACS PSS participant’s work.

The DMC Guidelines can be seen HERE

– PSS Participant CPs will need to contact the PSS team at pss@acs.org.au to apply for a variation to the default Monetary Ceiling.