IPWEA CQ Branch Conference Biloela Clare Murray Registrar

IPWEA CQ Branch Conference Biloela Clare Murray Registrar Friday 13 th March 2015

Legislative Requirements �The Professional Engineers Act 2002 (“the Act”) requires anyone providing professional engineering services in Queensland to be either registered or working under the direct supervision of a registered professional engineer (“RPEQ”). �The Act applies even when professional engineering services are provided to an employer. It is not limited to where engineering services are only provided to a client.

Professional Engineering Service �This includes work undertaken in other States, Territories and overseas for Queensland. � 10, 812 RPEQ’s – 25% reside interstate or overseas.

Professional Engineering Service �Amendments to Professional Engineers Act have clarified extraterritorial application of the PE Act: “This Act applies both within and outside Queensland. ”

Amendments to Professional Engineers Act �Came into effect on 10 November 2014. �Expanded the definition of professional engineering service to include words: “operation and maintenance. ”

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, and does not include an engineering service that is provided only in accordance with a prescriptive standard.

RPEQ Signoff �The Act does not require an RPEQ to sign off on design or the engineering service. �Clients or third parties may require professional engineering services to be certified or signed off by an RPEQ.

Design and Supply from Overseas �Professional engineering services undertaken outside Queensland on the design, construction, operation and maintenance systems for any building, plant, machinery or product for use in Queensland must be undertaken by a RPEQ; or �An RPEQ in Queensland must be in a position to take responsibility for all professional engineering services provided.

Design and Supply from Overseas �The RPEQ must have in place documented mechanisms and quality assurance systems to ensure the standard and appropriateness of the services.

Direct Supervision Case Update Direct supervision can be provided without the need for the RPEQ to be in the same office as the unregistered person. Obligation on RPEQ and unregistered person to keep detailed records to show oversight and evaluation by the RPEQ Maintain records of all written and verbal communications

Direct Supervision Case Update cont. Use technology – digital photographs, video footage and video conferencing to assist in direct supervision Review or signing off of the design at the end of the engineering work does not constitute direct supervision. Needs to be ongoing process.

T Case Unregistered person was in Ipswich RPEQ allegedly providing direct supervision in Victoria Unregistered person designed a slab and footing system and a first floor beam/framing system Only evidence of communication was receipt by email of a form 15 certification and drawings to RPEQ for review

T Case cont. RPEQ sent documents back to unregistered person without need for modification, form 15 was issued Unclear whether any conversation took place Unregistered person must be able to show clear chain of communication that there has been direct supervision

T Case cont. Simple review and or certification of documents at the end does not provide oversight or evaluation required for direct supervision. Must be ongoing process. Unregistered person fined $5000 and costs of $25, 000

Direct Supervision Supervising RPEQ must Oversee and evaluate the work being carried out by an unregistered person. Have sufficient knowledge of professional engineering services being carried out. Sufficient control over outputs of professional engineering services being carried out. Take full professional responsibility for professional engineering services being provided.

Five elements of Direct Supervision a) the supervision must be direct; and b) the supervising RPEQ must direct the person in the carrying out of the service; and c) the supervising RPEQ must oversee the carrying out of the service by the person; and

Five elements of Direct Supervision d) the supervising RPEQ must evaluate the carrying out of the service by the person; and e) the supervising RPEQ must take full professional responsibility for the service.

Board of Professional Engineers Queensland Registrar — Clare Murray Email: clare. murray@bpeq. qld. gov. au Phone: (07) 3198 0008 www. bpeq. qld. gov. au