Professional Engineers Act 2002 Queensland Queensland Board of Professional Engineers of Queensland

CONTEXT Professional Engineers Act 2002 REGULATION PROFESSIONAL ENGINEERS ACT

Professional Engineers Act 2002 Engineering World Jan 1999 p10 Professional Engineers have a social contract with the community to put the ‘welfare, health and safety of the community before all else’.CONTEXT

7.2008CONTEXT Professional Engineers Act 2002 Who should be responsible for the regulation of the professions

7.2008CONTEXT Professional Engineers Act 2002 Some possibilities for regulation Self regulation through professional bodies Government through legislation Private Certification Co-regulation 

Professional Engineers Act 2002 Operation of the Act CO – REGULATION Code of Practice Registration Competencies Areas of Practice Complex Engineering Projects

Professional Engineers Act 2002 Professional Engineering Bill 2002 Professional Engineering Bill 2002 EXPLANATORY NOTES All costs to Government associated with the regulation of engineers, including costs of administration by the board, are met from fees levied on registrants under the Act, ie all activities conducted under the legislation are self-funded.

(a)“to protect the public by ensuring professional engineering services are provided by a registered professional engineer in a professional and competent way; and (b)to maintain public confidence in the standard of services provided by registered professional engineers; and (c)to uphold the standards of practice of registered professional engineers.” Professional Engineers Act 2002 MAIN OBJECTS OF THE ACT Section 3

NOT Professional Engineers Act 2002 MAIN OBJECTS OF THE ACT Contractual Disputes Differences in Professional Opinion

What constitutes Regulation? Main elements Professional Engineers Act 2002 Registration Compliance Complaints Prosecutions Appeals

Professional Engineers Act 2002 Registration Applications Maintenance of Register Renewals Commercial and Consumer Tribunal Complaints and Investigations Operation of the Act Development of Administrative / Management Systems Advice to Minister – continuous improvement Prosecutions RPEQ Other Offence Provisions Court Functions of the Board

Professional Engineers Act 2002 Fitness to Practice Overview of the Registration Process Registration Advise applicant NO YES Assessment: Qualifications Experience Application to Assessment Entity Application to BPEQ YES NO Appeal CCT

Professional Engineers Act 2002 Engineers Australia has been approved to assess competencies in the following areas of Engineering: General Areas of Engineering:- Aerospace Biomedical Building Services Chemical Civil Electrical Environmental Information, Telecommunications and Electronics Management Marine Mechanical Naval Architecture Structural Specific Areas of Engineering Specific Areas of Engineering:- Fire Safety Heritage and Conservation In-Service Inspection of Amusement Rides and Devices Pressure Equipment Design Verification Subdivisional Geotechnics ASSESSMENT ENTITIES

Professional Engineers Act 2002 ASSESSMENT ENTITIES AusIMM (The Australian Institute of Mining and Metallurgy) has been approved to assess competencies in the following areas of Engineering:- Mining Environmental Geotechnical/Geological Metallurgical

Professional Engineers Act 2002 FITNESS TO PRACTICE (a) conviction, other than a spent conviction, for— In deciding whether an applicant for registration is fit to practise as a registered professional engineer, the board may have regard to each of the following— (i)an indictable offence; or (ii)an offence against this Act or the repealed Act; (iii)another offence, relating to the practice of engineering; Section 11 (b) registered and the registration was suspended or cancelled — the reason for its suspension or cancellation; (c) if registered — any order about the applicant;

Professional Engineers Act 2002 Section 11 (continued) (d) whether the applicant— (i)is affected by bankruptcy action; or (ii)is an executive officer of a corporation affected by control action; (e) if health assessment required under section 35E— (i) whether the applicant underwent the assessment; or (ii) whether the applicant cooperated with the doctor; (f) any other issue relevant to the applicant’s ability to competently practise as a registered professional engineer, including, for example, the applicant’s mental or physical health.

Professional Engineers Act 2002 Fitness to Practice Renewal Overview of the Renewal of Registration Process Advise applicant NO YES Assessment: CPD Participation in Continuing Professional Development scheme of Assessment Entity (membership or payment to belong) Application to BPEQ Assessment: CPD Participation in Continuing Professional Development Continuing Professional Development scheme of BPEQ YES NO Appeal CCT

Professional Engineers Act 2002 professional engineering service means an engineering service that requires, or is based on, the application of engineering principles and data to a design, or to a construction or production activity, relating to engineering, and does not include an engineering service that is provided only in accordance with a prescriptive standard. Schedule 2, p106

Professional Engineers Act 2002 prescriptive standard means a document that states procedures or criteria— (a) for carrying out a design, or a construction or production activity, relating to engineering; and (b) the application of which, to the carrying out of the design, or the construction or production activity, does not require advanced scientifically based calculations Schedule 2, p106

(1) A person who is not a registered professional engineer must not carry out professional engineering services. (2) However a person does not commit an offence under subsection (1) if the person carries out the professional engineering services under the direct supervision of a registered professional engineer who is responsible for the services. Professional Engineers Act 2002 Who may carry out professional engineering services? Section 115

(3)A person who is a registered professional engineer must not carry out professional engineering services in an area of engineering other than an area of engineering for which the person is registered under this Act. (4)However a person does not commit an offence under subsection (1) if the person carries out the professional engineering services under the direct supervision of a registered professional engineer who is registered in the area of engineering and responsible for the services. Professional Engineers Act 2002 Section 115 (continued)

(5)For this section, a person carries out professional engineering services under the direct supervision of a registered professional engineer only if the engineer directs the person in the carrying out of the services and oversees and evaluates the carrying out of the services by the person. Professional Engineers Act 2002 Section 115 (continued)

Professional Engineers Act 2002 Engage investigator Does investigator’s report indicate that there is a case? Advise all parties No further action Prepare case for submission to CCT or Magistrate Is complaint frivolous, vexatious or trivial? Complaint received Advise all parties No further action YES NO YES NO Indicative Complaints Process

(a)unsatisfactory professional conduct; (b)failed to comply with a provision of this Act; (c)convicted of an offence related to the practice of engineering; Professional Engineers Act 2002 GROUNDS FOR DISCIPLINING Section 36 Each of the following is a ground (a “disciplinary ground”) for disciplining a registered professional engineer (d)contravened an undertaking entered into by the engineer and the board under section 73(2)(b); (e)contravened a condition of the engineer’s registration.

for a registered professional engineer, includes the following— Professional Engineers Act 2002 UNSATISFACTORY PROFESSIONAL CONDUCT (a) conduct that is of a lesser standard than that which might reasonably be expected of the registered professional engineer by the public or the engineer’s professional peers; (b) conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in the practice of engineering; (c) misconduct in a professional respect; (d) fraudulent or dishonest behaviour in the practice of engineering; (e) other improper or unethical conduct. Schedule 2, p106

Professional Engineers Act 2002 (1) An approved code of practice is admissible as evidence in a disciplinary proceeding brought by the board against a registered professional engineer. Sections 108 & 112 Code of Practice (1) The board must, within 9 months after the commencement of this part, make a code of practice to provide guidance to registered professional engineers as to appropriate professional conduct or practice.

(a) start a disciplinary proceeding against the registered professional engineer; (b) enter into an undertaking agreed with the professional engineer, about the engineer’s conduct in carrying out professional engineering services; (c) caution or reprimand the registered professional engineer; (d) impose a condition, agreed to by the registered professional engineer, on the engineer’s registration; (e) take no further action about the matter the subject of the investigation. Professional Engineers Act 2002 DISCIPLINING As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following – Section 73 (2)

Professional Engineers Act 2002 Year of Decision Actions leading to disciplinary proceedings Outcome Magistrate 2004Holding out that RPEQFine $75,000 Costs $21,000 Commercial and Consumer Tribunal (or agreement) 2003Issuing structural design certificates without verification No registration renewal Penalty $9,000 Costs $21, ED Inadequate design and inspection – collapse of a large retaining wall Reprimand Penalty $1,500 Board’s costs – District Court Scale (DCS) 2003Fabrication of soil test reportsDe-registration Penalty $3,000 Board’s costs – DCS Example Disciplinary Proceedings

Professional Engineers Act 2002 Year of Decision Actions leading to disciplinary proceedings Outcome Commercial and Consumer Tribunal (or agreement) 2004Unprofessional level of care with soil testingDisqualified 2 years Penalty $25,000 Costs $40, Approval of footings and other structural elements without inspection Disqualification Penalty $15,000 Costs $100, K Certification of geotechnical information – outside area of competence, lack of judgement or care Penalty $3,000 Costs $17,000 Audit up to $5, K Inadequate design of structural elementsDeregistration Penalty $3,000 Board’s costs – DCS 2006 K Inadequate designReprimand Penalty $7,500 Board’s costs – DCS 2006 ED Certification of stone wall Inadequate inspection Reprimand Penalty $6,000

Professional Engineers Act 2002 Year of Decision Actions leading to disciplinary proceedings Outcome Commercial and Consumer Tribunal 2006 ED Inadequate design of structural elements – multistorey building Reprimand Penalty $10,000 Board’s Costs – DCS 2006 K Failure to stipulate appropriate wind loading Issuing false report Agreement never to apply for registration Penalty $3,000 Costs $60, ED Compaction design surrounding poolReprimand Penalty $1,500 Board’s Costs – DCS 2007 ED Approval of footings and other structural elements without inspection Reprimand Penalty $3,000 Board’s Costs – DCS 2008 ED Certification without inspectionReprimand Penalty $2,000 Board’s Costs – DCS

Professional Engineers Act