The Professional Engineers Act Board of Professional Engineers of Queensland

Transcription

1 The Professional Engineers Act 2002 Board of Professional Engineers of Queensland

2 Professional Engineers have a social contract with the community to put the welfare, health and safety of the community before all else.

3 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.

4 Co-regulation of the Engineering profession Joint administration of the registration process by the engineering profession, such as EA, and the Board. Advantages to the profession: The professional bodies determine the competency standards that are required of engineers seeking registration The professional bodies determine the areas of engineering As at 1 February 2010 the assessment entities are: Engineers Australia The AusIMM (Australian Institute of Mining and Metallurgy) Institute of Fire Engineers (IFE)

5 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

6 Assessment Entities Continued IFE (the Institution of Fire Engineers, Australia) has been approved to assess competencies in the following areas of Engineering: Fire Engineering

7 Assessment Entities continued 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: Fire Safety Heritage and Conservation In-Service Inspection of Amusement Rides and Devices Pressure Equipment Design Verification Subdivisional Geotechnics

8 Relationship of PE Act to other Legislation The PE Act is not in conflict with other separate or distinct obligations that Engineers may have under other legislation. The PE Act is complementary to the Mining and Quarrying Safety and Health Act 1999,the Coal Mining Safety and Health Act 1999 and the Workplace Health and Safety Act 1995.

9 MAIN OBJECTS OF THE ACT Section 3 (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.

10 MAIN OBJECTS OF THE ACT NOT Contractual Disputes Differences in Professional Opinion

11 Definition of the word public The term public is broadly interpreted and covers anyone who may be affected by the professional engineering services being provided. It includes any member of the community or a section of the community and extends to an engineers coworkers in any workplace, including a mine site.

12 Overview of the Registration Process Application to Assessment Entity NO Assessment: Qualifications Experience Advise applicant YES Registration YES Fitness to Practice Application to BPEQ Appeal QCAT NO

13 FITNESS TO PRACTICE Section 11 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 (a) conviction, other than a spent conviction, for (i) an indictable offence; or (ii) an offence against this Act or the repealed Act; (iii) another offence, relating to the practice of engineering; (b) registered and the registration was suspended or cancelled the reason for its suspension or cancellation; (c) if registered any order about the applicant;

14 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.

15 Overview of the Renewal of Registration Process NO Participation in CONTINUING PROFESSIONAL DEVELOPMENT scheme of Assessment Entity (membership or payment to belong) Assessment: CPD Advise applicant YES NO Participation in Continuing Professional Development scheme of BPEQ Assessment: CPD YES Application to BPEQ Renewal YES Fitness to Practice Appeal QCAT NO

16 Registration Renewal Renewal occurs from 1 April to 30 June annually. RPEQ s received renewal forms in March. Obligation on RPEQ s to advise Board of any change in contact details. An offence under s32 of Act if you fail to advise Board of change of contact details. If RPEQ s fail to renew then can apply for restoration within 2 months of expiry, BUT must apply by 31 August. Applications for restoration after 31 August will require evidence of CPD with the application. Each application will be considered on its merits.

17 Continuing Professional Development (CPD) Requirements CPD is critical to the maintenance of standards. Engineers assessed in the AusIMM areas of engineering are to comply with the guidelines published by the AusIMM for CPD. Engineers covered by EA or IFE would be required to meet their CPD requirements.

18 CPD Requirements continued The expectation is 150 hours over 3 years. CPD will include: External and internal courses Attendance at technical presentations Publications Preparation and delivery of conference papers Private reading Audits of CPD compliance will be undertaken to ensure current competency to practice.

19 Schedule 2, p106 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.

20 Schedule 2, p106 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.

21 Production activities: Mines produce minerals and other resources Mining sector is engaged in production of those minerals and other resources Mining sector engages in production activities

22 Federal Court decision of Hamersey Iron Pty Ltd V National Competition Council. Kenny J considered meaning of production process in Trade Practices Act production process is a series of operations by which a marketable commodity is created or manufactured Hamersely s production process from its commencement of mining operations at mines to the completion of the product it sells.

23 Schedule 2, p106 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.

24 Schedule 115 Who may carry out professional engineering services? (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.

25 Schedule 115 (continued) (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.

26 Schedule 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.

27 Projects outside Queensland A person carrying out professional engineering services in Queensland, for projects outside of Queensland, must be a registered professional engineer or be working under the direct supervision of a registered professional engineer. This requirement applies regardless of where the project for which the services are provided is built, constructed or used.

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

29 Time parameters for acceptance of a Complaint Board may not accept complaints where professional engineering service in question was carried out over five (5) years prior to complaint being lodged. Board will consider availability of evidence in deciding whether to accept complaint.

30 Schedule 2, p106 UNSATISFACTORY PROFESSIONAL CONDUCT for a registered professional engineer, includes the following (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.

31 Code of Practice A Code of Practice is going to be reviewed in the first half of this year. Board will consult with professional associations and industry. The Code of Practice provides guidance on the standards of practice expected of registered engineers. It can also be used as evidence in disciplinary proceedings bought by the Board.

32 Current areas of concern Tilt up frames Prevention of outward collapse of external walls in event of fire. Discussions between the Board, the BSA and the QFRS with view to having Form 16 amended to include inspection of connections of tilt up frames to portals. Certification of sheds On-going complaints to the BPEQ that engineers are certifying shed designs that do not comply with Wind Actions Code AS/NZS and the Cold Formed Structures Code AS/NZS4600.

33 Update on Practice Notes published by the BPEQ Areas of engineering Those RPEQs registered prior to 1 July 2008 will not be required to apply for registration in a new area of engineering as long as they continue to provide the same type of engineering services and maintain CPD in the area of engineering in which they were registered prior to 1 July. Project Certification Contractual requirement, not a requirement of the PE Act. If certification is required then the RPEQ certifying takes responsibility for the overall project in terms of compliance with the Act. The RPEQ should be able to identify all RPEQs who provided the various professional engineering services on the project in the event of a complaint being lodged.

34 Application of PE Act to the Australian Defence Force The Commonwealth Defence Act provides that a member of the Defence Force is not bound by the requirement to be RPEQ when carrying out anything in the persons duties as a member of the Defence Force. A contractor providing professional engineering services to the Defence Force is bound by the requirements of the PE Act to be a RPEQ or acting under the direct supervision of an RPEQ.

35 Benefits of Registration Protecting the status of the profession by restricting the title of registered engineer to those who have demonstrated the required level of qualifications and skills. Ensuring professional engineers standards are maintained by having a common set of standards, skills and continuing professional development requirements. Increased certainty in the workplace for practicing professional engineers.

36 Benefits of Registration continued A registration system provides a reliable means to confirm a professional engineer s competence. It provides government, industry and individual consumers the ability to engage the appropriately qualified engineer to perform the required engineering services.

37 Risk Mitigation Registration of engineers provides a system for the engagement of the appropriately qualified professional engineer for the performance of the required engineering services. Risk is mitigated by: Registered professional engineers committing to keeping up to date through continuing professional development. Registered professional engineers undertaking responsibility to accept the outcomes of the services they perform.

38 Risk Mitigation continued By having a registration system the engineering outcomes provided by registered professional engineers will minimise any adverse social, economic and environmental consequences.

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