1. The Professional Engineers Act 2002
Bowen Basin Underground Geotechnical Society
31 May 2018

2. BPEQ
BPEQ established in 1930 to administer the Professional Engineers Act 1929
Board members include:
RPEQ based in regional Queensland
RPEQ elected by peers
RPEQ who is an academic head of school
RPEQ who represents Engineers Australia
Building and construction industry representative
Community representative
Lawyer
The University of Queensland’s Professor Roger Hawken: inaugural BPEQ chair and chief advocate for a registration system

3. PE Act overview
Current version of the legislation – Professional Engineers Act 2002
Key objectives of the PE Act:
to protect the public by ensuring professional engineering services are provided by a RPEQ in a professional and competent way
to maintain public confidence in the standard of services provided by RPEQs
to uphold the standards of practice of RPEQs
Objectives of the PE Act achieved through:
Registration
Disciplinary measures
Prosecutions

4. What is a professional engineering service?
an engineering service
that requires or is based on
the application of engineering principles and data
to a design
or to a construction, production, operation, or maintenance activity
relating to engineering
Exception: does not include an engineering service that is provided only in accordance with a prescriptive standard

5. Direct supervision Three key concepts:
A person who is not registered may carry out professional engineering services only under the direct supervision of a RPEQ who is responsible for the services
Direct contact/actual knowledge
Direction
Oversight
Evaluation
Full professional responsibility
Code of Practice 3.6. Supervision: If a registered professional engineer supervises a person in the carrying out of professional engineering services within the meaning of section 115 of the Act, the registered professional engineer, in the role of the supervisor, must
(a) be competent in and have sufficient knowledge of the professional engineering services carried out; and
(b) sufficient control over any outputs of the professional engineering services to reasonably form the view that the standard of the professional engineering services is that to be expected of a registered professional engineer; and
(c) take full professional responsibility for the professional engineering services provided by the supervised person.
Three key concepts:
The legal onus of proving that a person has been directly supervised rests with the person claiming direct supervision, not BPEQ
Direct supervision is transactional not hierarchical or relationship based
Must occur during the service, not at the end by review or certification
S76 – proof of negative
If the complaint in any case of a simple offence or breach of duty negatives any exemption, exception, proviso, or condition, contained in the Act on which the same is framed, it shall not be necessary for the complainant to prove such negative, but the defendant shall be called upon to prove the affirmative thereof in the defendant's defence.

6. Direct supervision in practice
A designer committed an offence against the PE Act
The designer and RPEQ gave evidence that:
The RPEQ reviewed scope of works documents and made notations
There were numerous phone calls a week between the two
The RPEQ visited site 5-8 times per year
There was a document outlining procedures for direct supervision
The RPEQ received and commented on final design drawings
None of the evidence demonstrated that the above had occurred in relation to the professional engineering services the subject of the case
No records demonstrating that supervision had occurred
Company principal/manager (RPEQ)
Section manager/supervisor (non-RPEQ)
Planning (3 non-RPEQs)
Design (5 non-RPEQs)
Infrastructure delivery (10 non-RPEQs)
Direct supervision is transactional, not hierarchical
An offender (based in Qld) maintained they carried out the work under the direct supervision of a RPEQ (based in Vic)
Offences committed against section 115(1) of the PE Act.
The offences were for structural engineering work for a residential dwelling (design of the footing and slab system and the bracing system).
The evidence the offender and RPEQ gave about the supervision was insufficient to prove that direct supervision had occurred. Calls and office visits not specifically related to the project; final drawings sent back without review.
The Court found the evidence proved only that the RPEQ’s role was a simple role of certifying documents, and that it was not adequate to show the necessary oversight and evaluation for direct supervision to have occurred
The Court observed that to prove direct supervision had occurred a person would[…]need to show more than some vague recollections of conversations. They would need to show some more directive evidence that there was this “direct supervision”.
Three key concepts:
The legal onus of proving that a person has been directly supervised rests with the person claiming direct supervision, not BPEQ
Direct supervision is transactional not hierarchical or relationship based
Must occur during the service, not at the end by review or certification
S76 – proof of negative
If the complaint in any case of a simple offence or breach of duty negatives any exemption, exception, proviso, or condition, contained in the Act on which the same is framed, it shall not be necessary for the complainant to prove such negative, but the defendant shall be called upon to prove the affirmative thereof in the defendant's defence.

7. Sign off/certification
The PE Act does not stipulate the need for RPEQs to sign off/certify professional engineering services or work
As a means of quality assurance, some employers or companies may require RPEQs to sign off/certify services or work
BPEQ is focused on whether a RPEQ provided the professional engineering service, or provided direct supervision

8. Prescriptive standards
A prescriptive standard is a document that states procedures or criteria for carrying out the service, the application of which does not require advanced scientifically based calculations
Australian Standards; in-house documents or procedures; product manuals

9. Interstate/overseas engineering
Professional engineering services undertaken outside of Queensland for any building, plant, machinery or product for specific use in Queensland must be undertaken by a RPEQ, or a RPEQ must provide direct supervision

10. Code of Practice
Code of Practice sets practice and conduct standards expected of RPEQs
For a RPEQ, unsatisfactory professional conduct includes the following:
Conduct that is of a lesser standard than that which might reasonably be expected of the RPEQ by the public or the engineer’s professional peers
Conduct that demonstrates incompetence, or lack of adequate knowledge, skill, judgement or care in the practice of engineering
Misconduct in a professional respect
Fraudulent or dishonest behaviour in the practice of engineering
Other improper or unethical conduct
Complaints: does conduct meet requirements of Code of Practice?

11. Risks and penalties of not being registered
Greater financial penalties – the maximum penalty in a prosecution of an unregistered person is 1000 penalty units, whereas the maximum penalty for a RPEQ in a disciplinary proceeding is 200 penalty units
Refusal to pay and limited legal recourse to recoup monies owing – see Agripower and QEE
Unregistered engineers are limited in the scope of work they can perform and risk contravening the PE Act even if there is nothing deficient with the product or service

12. PE Act and industry related legislation
The PE Act focuses on the quality and appropriateness of professional engineering services and applies to all professional engineering services in or for Queensland –including those carried out on mine sites
Resource sector legislation – Mining and Quarrying Safety and Health Act 1999 and the Coal Mining Safety and Health Act – focuses on health and safety on-site

13. Areas of engineering Information, Telecommunications, and Electronics
Aeronautical
Pressure Equipment Design Verification
Aerospace
Information, Technology and Telecommunications
Structural
Biomedical
Building Services
Sub-divisional Geotechnics
In-service Inspection of Amusement Rides and Devices
Chemical
Civil
Civil— Public Works
Management/Leadership
Electrical
Mechanical
Environmental
Metallurgical
Fire Engineering
Mining
Fire Safety
Naval Architecture
Geotechnical (mining)
Oil and Gas Pipeline
Heritage and Conservation
Petroleum
examples of competence in an area of practice include – • formal training in that area; • any previous experience or exposure in the type of work that has been supervised by a registered professional engineer; • consultation with or reference to a person competent in the area to supervise the task. • activities considered to meet competence and ongoing continuing professional development (CPD) requirements of the assessment entities.

14. Four step registration process
Qualification – graduating from a recognised tertiary institute with a four-year undergraduate degree in engineering (or equivalent)
Competency – gained through experience working as an engineer and carrying out professional engineering services; between 3-5 years
Assessment – qualification and competency assessed through an approved assessment scheme. Different assessment schemes operate for different areas of engineering. Assessment may involve formal interviews, a written career summary or sponsorship from a peer or supervisor
Application – submitted to BPEQ along with letter of assessment and fitness to practice declaration

15. Assessment schemes

16. Annual renewal
RPEQs are required to renew their registration annually; between 1 April and 31 May
RPEQs who allow their registration to lapse must go through the full assessment process again
Or apply to have their registration restored – within two months of the registration expiring and incurring an additional fee
Engineers on career breaks have the option of becoming RPEQ non-practising

17. Continuing professional development
CPD is core requirement of ongoing eligibility for registration
RPEQs are required to complete 150 hours of CPD over three years and are subject to CPD audits by BPEQ
CPD is expected to be a combination of activities such as reading journals, preparing technical papers, attending conferences and seminars

18. Benefits of registration
Demonstrates you have undertaken high level study and worked professionally and competently for a number of years
Counts toward your professional reputation and career progression
Advantage in the job market - employers specify the need for applicants to be an RPEQ
No requirement for direct supervision
Title RPEQ is wholly limited to engineers with high level qualification, practical experience and demonstrated competency

19. Get in touch with BPEQ
(for general or registration enquiries)
(for legal enquiries)