The Professional Engineers Act 2002 Bowen Basin Underground

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

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

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

What is a professional engineering service? 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 an Exception: does not include an engineering service that is provided only in accordance with a prescriptive standard

Direct supervision 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

Direct supervision in practice A designer committed an offence against the PE Act The designer and RPEQ gave evidence that: • • • Direct supervision is transactional, not hierarchical 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) Section manager/supervisor (non-RPEQ) Design (5 non-RPEQs) Infrastructure delivery (10 non. RPEQs)

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

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

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

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?

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

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

Areas of engineering Aeronautical Aerospace Biomedical Building Services Chemical Civil— Public Works Electrical Environmental Fire Engineering Fire Safety Geotechnical (mining) Heritage and Conservation Information, Telecommunications, and Electronics Information, Technology and Telecommunications In-service Inspection of Amusement Rides and Devices Management/Leadership Mechanical Metallurgical Mining Naval Architecture Oil and Gas Pipeline Petroleum Pressure Equipment Design Verification Structural Sub-divisional Geotechnics

Four step registration process 1. Qualification – graduating from a recognised tertiary institute with a four-year undergraduate degree in engineering (or equivalent) 2. Competency – gained through experience working as an engineer and carrying out professional engineering services; between 3 -5 years 3. 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 4. Application – submitted to BPEQ along with letter of assessment and fitness to practice declaration

Assessment schemes

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

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

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

Get in touch with BPEQ admin@bpeq. qld. gov. au (for general or registration enquiries) legal@bpeq. qld. gov. au (for legal enquiries) www. bpeq. qld. gov. au www. linkedin. com/company/board-of-professionalengineers-of-queensland