Queensland: Professional Engineers Act 2002 (Qld)

Professional Engineers Act 2002 An Act to provide for the registration of professional engineers, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Professional Engineers Act 2002. 2 Commencement (1) The following provisions of this Act commence on assent— (a) part 1, division 4; (b) part 11, division 2, subdivision 1; (c) section 150; (d) schedule 2. (2) The remaining provisions of this Act commence on 1 January 2003. Division 2 Objects 3 Main objects of Act The main objects of this Act are— (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. 4 How main objects are achieved The main objects are to be achieved primarily by— (a) providing for the registration of individuals as registered professional engineers under this Act; and (b) providing for the monitoring and enforcement of compliance with this Act; and (c) imposing obligations on persons about the practice of engineering; and (d) establishing the Board of Professional Engineers of Queensland. Division 3 Application of Act 5 Act binds all persons (1) This Act binds all persons, including the State. (2) Subsection (1) does not make the State liable to be prosecuted for an offence. 6 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003. 6A Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. Division 4 Interpretation 7 Definitions The dictionary in schedule 2 defines particular words used in this Act. 7A Areas of engineering (1) The areas of engineering for this Act are the areas of engineering for which— (a) there is an assessment scheme; or (b) qualifications and competencies are prescribed under section 10(1)(b). (2) The board must publish the areas of engineering on its website. Part 2 Registration of professional engineers Division 1 Preliminary 7B Types of registration as a professional engineer The types of registration as a professional engineer under this Act are registration as a practising professional engineer or a non-practising professional engineer. 8 Applying for registration (1) Only an individual may apply to the board for registration as a registered professional engineer for an area of engineering. (2) The application must be— (a) in the approved form and state the type of registration to which the application relates; and (b) accompanied by each of the following— (i) satisfactory evidence of the applicant's eligibility for registration; (ii) if there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity's assessment of the applicant against the qualifications and competencies provided for under the scheme; (iii) any other documents, identified in the approved form, the board reasonably requires to decide the application; (iv) the application fee and registration fee prescribed under a regulation. (3) The approved form must provide for the inclusion of the applicant's contact details as a registered professional engineer. (4) The applicant also must provide any other relevant information reasonably required by the board to decide the application. Note— For how the board may make a requirement for information under section 8(4), 18(6) or 23(5), see section 27. Division 2 Eligibility for registration 9 Eligibility (1) An applicant for registration is eligible for registration only if— (a) the applicant is qualified, under section 10, for registration; and (b) the board considers the applicant is fit to practise as a registered professional engineer. (2) Also, an applicant for registration as a non-practising professional engineer is eligible for registration only if the board is satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application for registration relates. 10 When applicant is qualified for registration (1) An applicant for registration is qualified for registration in an area of engineering if the applicant has the qualifications and competencies— (a) if there is an assessment scheme for the area of engineering—provided for under the assessment scheme; or (b) otherwise—prescribed under a regulation for the area of engineering. (2) The competencies mentioned in subsection (1)— (a) may relate to the practice of engineering in the area of engineering; and (b) may include requirements about the following for the area of engineering— (i) the nature, extent and period of practice of engineering by the applicant; (ii) the nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant; (iii) the nature and extent of any administrative work, relating to engineering, performed by the applicant. 11 Fitness to practise as a registered professional engineer 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) whether the applicant has a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) an offence against this Act or the repealed Act; or (iii) another offence, relating to the practice of engineering, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; (b) if the applicant has been registered under this Act or the repealed Act, or registered to practise as a professional engineer under a law applying, or that applied, in the Commonwealth, another State or a foreign country and the registration was suspended or cancelled—the reason for its suspension or cancellation; (c) if the applicant has been a member of an association of professional engineers, whether in Australia or a foreign country, and the membership was suspended or cancelled—the reason for its suspension or cancellation; (d) an order about the applicant made under section 131 or 132 of this Act or section 60 of the repealed Act; (e) a proceeding taken against the applicant for a matter mentioned in section 36 under a law applying, or that applied, in the Commonwealth, another State or a foreign country; (f) whether the applicant— (i) is affected by bankruptcy action; or (ii) is an executive officer of a corporation affected by control action after the commencement of this section; (g) if the applicant was required to undergo a health assessment— (i) whether the applicant complied with the requirement; and (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment; (h) whether a health assessment report for the applicant states that the applicant is unable to competently and safely practise as a professional engineer; (i) whether the board reasonably believes a materially false or misleading representation or document is included in the application; (j) 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. Division 3 Decision on applications for registration 12 Deciding application (1) The board must consider each application for registration made under section 8 and either grant or refuse to grant the application as soon as practicable after the last of the following events to happen— (a) the board receives the application; (b) the board receives all necessary information to decide the application. (2) In deciding the application, the board must have regard to the assessment of an assessment entity, if any, given to the board by the applicant under section 8(2)(b)(ii). 13 Grant of application (1) If the board decides to grant the application, it must as soon as practicable— (a) register the applicant as a registered professional engineer in 1 or more of the areas of engineering for which the applicant is qualified for registration; and (b) give the applicant a certificate of registration. (2) The board may, in granting the application, decide to impose conditions on the applicant's registration that are reasonable and relevant. (3) If the board decides to impose conditions on the applicant's registration, the board must as soon as practicable give the applicant an information notice about the decision. (4) In deciding the areas of engineering for which an applicant may be registered, the board must have regard to the applicant's qualifications and competencies in the practice of engineering. 14 Refusal of application If the board decides to refuse to grant the application, it must as soon as practicable— (a) give the applicant an information notice for the decision; and (b) refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application. 15 Period of registration (1) The period of registration that is to apply to a registered professional engineer (the registration period) is a financial year. (2) If the board decides to register an applicant during a registration period, the registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the registration period. Division 4 Renewal and restoration of registrations Subdivision 1 Preliminary 16 Meaning of continuing registration requirements (1) Continuing registration requirements are requirements that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of engineering in the area of engineering for which the applicant is, or was, registered. (2) The requirements may include requirements about the following for an area of engineering— (a) the nature, extent and period of practice of engineering by the applicant; (b) the nature and extent of continuing professional development to be undertaken by the applicant; (c) the nature and extent of research, study or teaching, relating to engineering, to be undertaken by the applicant; (d) the nature and extent of administrative work, relating to engineering, to be performed by the applicant. (3) The requirements are met by— (a) if the applicant is registered with an assessment entity for participation in the continuing registration requirements of an assessment scheme conducted by the entity—complying with the continuing registration requirements of the assessment scheme; or (b) otherwise—complying with the board's continuing registration requirements for the area of engineering for which the applicant is, or was, registered. (4) An assessment entity must— (a) keep published the continuing registration requirements of each of the entity's assessment schemes on the entity's website; and (b) ensure the continuing registration requirements of each of the entity's assessment schemes are readily available to any registered professional engineer on request. (5) The board must— (a) keep published the board's continuing registration requirements on the board's website; and (b) keep the requirements available for inspection, without charge, at the board's office when the office is open to the public; and (c) if asked by a person and on payment of the fee, if any, prescribed under a regulation, give the person a copy of the requirements. 17 Notification of expiry of registration The board must give a registered professional engineer notice of the expiry of the engineer's registration at least 3 months before the expiry. Subdivision 2 Renewal 18 Applying for renewal (1) A registered professional engineer may apply to the board for renewal of the professional engineer's registration. (2) The application may only be made at least 1 month, but not more than 3 months, before the last day of the registration period (the expiry day). (3) The application must be— (a) in the approved form; and (b) accompanied by each of the following— (i) the documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the annual registration fee. (4) Despite subsection (2), the board may accept an application for renewal of registration made within 1 month before the expiry day if the board is satisfied it would be reasonable in all the circumstances to accept the application. (5) The approved form must provide for the inclusion of the applicant's contact details as a registered professional engineer. (6) The registered professional engineer also must provide any other relevant information reasonably required by the board to decide the application. 19 Registration in force while application is considered (1) If an application is made under section 18(2), or the board decides to accept an application under section 18(4), the applicant's registration is taken to continue in force from the day it would, apart from this section, have expired until— (a) if the board decides to renew the registration—the day a new certificate of registration is given to the applicant under section 21; or (b) if the board decides to refuse to renew the registration—the day stated, under section 22(a), in the information notice for the decision; or (c) if the application is taken to have lapsed under section 27—the day it is taken to have lapsed. (2) Subsection (1) does not apply if the registration is earlier suspended or cancelled under this Act. 20 Deciding application (1) The board must consider an accepted application and either renew or refuse to renew the registration as soon as practicable after the last of the following events to happen— (a) the board receives the application; (b) the board receives all necessary information to decide the application. (2) In deciding the application, the board must have regard to— (a) whether the board considers the applicant is fit to practise as a registered professional engineer; and (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements. (3) Also, for an application for renewal of registration as a non-practising professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application relates. (4) In considering whether an applicant is fit to practise as a registered professional engineer, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as a registered professional engineer. Note— For the matters the board may have regard to in deciding if an applicant for registration is fit to practise as a registered professional engineer, see section 11. (5) In this section— accepted application means an application made under section 18(2) or an application the board accepts under section 18(4). 21 Renewal of registration (1) If the board decides to renew the applicant's registration, it must as soon as practicable give the applicant a new certificate of registration. (2) The board may, in renewing the applicant's registration, decide to impose conditions on the applicant's registration that are reasonable and relevant. (3) If the board decides to impose conditions on the registration, the board must as soon as practicable give the applicant an information notice about the decision. 22 Refusal to renew registration If the board decides to refuse to renew the registration, it must as soon as practicable— (a) give the applicant an information notice for the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the registration ends; and (b) refund the annual registration fee that accompanied the application. Subdivision 3 Restoration 23 Applying for restoration (1) If a person's registration has expired, the person may, within 2 months after the expiry, apply to the board for restoration of the registration. (2) The application must be— (a) in the approved form; and (b) accompanied by each of the following— (i) the documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the application fee prescribed under a regulation; (iii) the annual registration fee. (3) Despite subsection (1), the board may accept an application for restoration of registration made more than 2 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application. (4) The approved form must provide for the inclusion of the applicant's contact details as a registered professional engineer. (5) The applicant also must provide any other relevant information reasonably required by the board to decide the application. 24 Deciding application (1) The board must consider an accepted application and either restore or refuse to restore the registration as soon as practicable after the last of the following events to happen— (a) the board receives the application; (b) the board receives all necessary information to decide the application. (2) In deciding the application, the board must have regard to— (a) whether the board considers the applicant is fit to practise as a registered professional engineer; and (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements. (3) Also, for an application for restoration of registration as a non-practising professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application relates. (4) In considering whether an applicant is fit to practise as a registered professional engineer, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as a registered professional engineer. (5) In this section— accepted application means an application made under section 23(1) or an application the board accepts under section 23(3). 25 Restoration of registration (1) If the board decides to restore the applicant's registration, the board must as soon as practicable give the applicant a new certificate of registration. (2) The board may, in restoring the applicant's registration, decide to impose conditions on the registration that are reasonable and relevant. (3) If the board decides to impose conditions on the applicant's registration, the board must as soon as practicable give the applicant an information notice about the decision. (4) The registration remains in force for the period— (a) commencing on the day when the board makes the decision; and (b) ending on the last day of the registration period in which the decision is made. 26 Refusal to restore registration If the board decides to refuse to restore the registration, it must as soon as practicable— (a) give the applicant an information notice for the decision; and (b) refund the annual registration fee that accompanied the application. Division 5 Lapsing of applications 27 Lapsing of application (1) This section applies if an application for registration, or renewal or restoration of registration, is made under this part. (2) The board may make a requirement under section 8(4), 18(6) or 23(5) for information to decide the application by giving the applicant a notice stating— (a) the required information; and (b) the time by which the information must be given to the board; and (c) that, if the information is not given to the board by the stated time, the application will lapse. (3) The stated time must be at least 21 days after the requirement is made. (4) The board may give the applicant a further notice extending or further extending the time if the board is satisfied it would be reasonable in all the circumstances to give the extension. (5) A notice may be given under subsection (4) even if the time to which it relates has lapsed. (6) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses. (7) If an application lapses under subsection (6), the board must, as soon as practicable after it lapses, refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application. Division 5A Further conditions imposed on registration 27A Imposition of certain conditions on registration (1) The board may impose the following conditions on a registered professional engineer's registration— (a) if a health assessor recommends, under section 35G(2)(b), that a condition be imposed on the engineer's registration—a condition that is reasonable and relevant having regard to the health assessor's recommendation; (b) a condition the board decides to impose under section 73(2)(d). (2) If the board imposes a condition on a registered professional engineer's registration under this section, the board must give the engineer— (a) a notice (the warning notice) stating that the registered professional engineer must return the engineer's certificate of registration to the board within 21 days after receiving the notice; and (b) an information notice for the decision. (3) A condition imposed under this section has effect when the warning notice is given to the registered professional engineer and does not depend on the condition being noted on the engineer's certificate of registration. Division 6 Cancellation and immediate suspension of registrations 28 Grounds for cancellation The board may cancel a registered professional engineer's registration if— (a) the board believes on reasonable grounds the registered professional engineer was registered because of a materially false or misleading representation or document; or (b) the registered professional engineer is— (i) affected by bankruptcy action; or (ii) an executive officer of a corporation affected by control action; or (c) the registered professional engineer's registration to practise as a professional engineer under a law applying, or that applied, in the Commonwealth, another State or a foreign country has been cancelled under that law for disciplinary reasons; or (d) the registered professional engineer's membership of an association of professional engineers, whether in Australia or a foreign country, has been cancelled under the association's rules for disciplinary reasons; or (e) an order about the registered professional engineer is made under section 131 or 132; or (f) a proceeding is taken against the registered professional engineer for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country; or (g) the registered professional engineer is convicted of— (i) an indictable offence; or (ii) an offence against this Act; or (iii) another offence, relating to the practice of engineering, against a law applying in the State, the Commonwealth, another State or a foreign country; or (h) the registered professional engineer has contravened a condition of the engineer's registration; or (i) the registered professional engineer is required to undergo a health assessment and— (i) the engineer does not comply with the requirement; or (ii) the engineer does not cooperate with the medical practitioner appointed to perform the assessment; or (j) a health assessment report for the registered professional engineer states that the engineer is unable to competently and safely practise as an engineer. 29 Procedure for cancellation (1) If the board proposes to cancel a registered professional engineer's registration, the board must give the engineer a notice stating the following— (a) the board proposes to cancel the registration; (b) the grounds for the proposed cancellation; (c) the facts and circumstances that are the basis for the grounds; (d) that the engineer may make, within a stated period, written representations to show why the registration should not be cancelled. (2) The stated period must end at least 21 days after the engineer is given the notice. (3) The board may also ask for more information by giving the registered professional engineer a notice stating— (a) the information sought; and (b) the time, at least 21 days after the notice is given, by which the information is required. (4) If, after considering all written representations made within the stated period and any requested information received by the stated time, the board still believes a ground exists to cancel the engineer's registration, the board may cancel the registration. (5) The board must, as soon as practicable after making a decision under subsection (3), give the engineer an information notice for the decision. (6) The decision takes effect on— (a) the day the notice is given; or (b) if a later day is stated in the notice—the stated day. 29A Immediate suspension of registration (1) This section applies if the board reasonably believes— (a) a ground exists to cancel a registered professional engineer's registration under section 28; and (b) it is in the public interest to immediately suspend the engineer's registration. (2) The board may, by information notice given to the registered professional engineer, immediately suspend the engineer's registration. (3) The information notice must also state the period of suspension. (4) The suspension— (a) may be for the period the board decides; and (b) has effect immediately when the notice is given. (5) The board must end the suspension if satisfied that the ground for the suspension no longer exist. (6) The suspension ends if the registered professional engineer's registration is cancelled or otherwise ends. Division 7 Offences 30 False or misleading statement A person, in relation to an application under this part, must not make a statement the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 31 False or misleading document (1) A person, in relation to an application under this part, must not give an entity a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the entity, to the best of the person's ability, how the information in the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. 31A When statement made or document given in relation to application (1) For sections 30 and 31, a person is taken to make a statement, or give an entity a document, in relation to an application under this part if the person makes the statement or gives the document in connection with— (a) the application or anything that accompanies the application; or (b) other information provided as required to decide the application; or (c) an assessment relevant to the application, including the following— (i) an assessment of qualifications; (ii) an assessment of competencies; (iii) a health assessment; (iv) an assessment of whether the applicant has satisfied the continuing registration requirements. (2) For subsection (1), an assessment is relevant to an application under this part— (a) whether the assessment is carried out by the board or another entity; and (b) whether the assessment is carried out before or after the application is made. 32 Notification about particular matters A registered professional engineer must, within 21 days after changing his or her name or contact details, advise the board about the change unless the engineer has a reasonable excuse. Maximum penalty—10 penalty units. 32AA Notification of prescribed changes (1) A registered professional engineer must give notice to the board of a prescribed change for the engineer within 21 days after the change, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units. (2) In this section— prescribed change, for a registered professional engineer, means a change relating to a matter that the board may consider under section 11 when deciding whether a person is fit to practise as an engineer. 32A Notification of disciplinary event by other bodies (1) A registered professional engineer must, within 21 days after a disciplinary event for the engineer, give notice to the board of the disciplinary event, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units. (2) In this section— disciplinary event, for a registered professional engineer, means a proceeding taken against the engineer in relation to— (a) the engineer's membership of an association of professional engineers; or (b) the engineer's registration to practise as an professional engineer under a law applying in the Commonwealth, another State or a foreign country. 32B Notification of inability to practise (1) This section applies if a registered professional engineer has been unable to competently and safely practise as a registered professional engineer for a continuous period of 3 months because of the engineer's mental or physical health. (2) The engineer must immediately notify the board in writing of that fact, unless the engineer— (a) has already notified the board in writing of the incapacity; or (b) has a reasonable excuse. Maximum penalty—50 penalty units. 32C Amending or replacing certificates of registration after certain conditions imposed (1) This section applies if— (a) a registered professional engineer receives a warning notice under section 27A; or (b) the tribunal makes an order imposing a condition on the engineer's registration under section 131(3)(b). (2) The engineer must return the engineer's certificate of registration to the board within 21 days after receiving the warning notice or the tribunal makes the order, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units. (3) On receiving the certificate, the board must— (a) amend the certificate appropriately and return it to the engineer; or (b) issue another certificate of registration to the engineer to replace the certificate returned to the board. (4) In this section— warning notice see section 27A(2)(a). Division 8 Miscellaneous 33 Surrender of registration (1) A registered professional engineer may, by notice given to the board, surrender the engineer's registration. (2) The surrender takes effect on the later of the following— (a) the end of 7 days after the day the notice is given; (b) a day stated in the notice for the surrender. 34 Form of certificate of registration (1) A certificate of registration given under this part must be in the approved form. (2) The approved form must provide for the inclusion of— (a) the registered professional engineer's name; and (b) the area of engineering for which the engineer is registered; and (c) the period of registration; and (d) whether the registered professional engineer is a practising professional engineer or a non-practising professional engineer. 35 Refund of fees—withdrawal of application (1) This section applies if an applicant withdraws an application made under this part before the application is decided. (2) The board must, as soon as practicable after the application is withdrawn— (a) for an application for registration—refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application; or (b) for an application for renewal or restoration of registration—refund the annual registration fee that accompanied the application. 35A Inquiries about fitness to practise as a registered professional engineer (1) This section applies to the following persons (each a relevant person)— (a) an individual applying for registration as a registered professional engineer under section 8; (b) a registered professional engineer applying for renewal of registration under section 18; (c) a person applying for restoration of the person's registration under section 23. (2) The board may make inquiries about the relevant person to help in deciding whether the person is, or continues to be, fit to practise as a registered professional engineer. 35B Report about relevant person's criminal history (1) The board may ask the police commissioner for a written report about the criminal history of a relevant person. (2) If asked by the board, the police commissioner must give the board a written report about the criminal history of the relevant person. (3) The duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. (4) A report mentioned in subsection (2) may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes. 35C Information about relevant persons from assessment entities (1) The board may ask an assessment entity for information, about a relevant person, relating to the practice of professional engineering. (2) If asked by the board, the assessment entity must give the board the information mentioned in subsection (1) to which the entity has access. Note— Contravention of this provision is a ground for cancelling or suspending the approval of an assessment scheme. (3) An assessment entity that, honestly and on reasonable grounds, gives information to the board under subsection (2) is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the entity for giving the information. (4) Information obtained under this section may only be used for the purposes of this Act. Part 2A Health assessments 35D Definitions for pt 2A In this part— health assessment report see section 35G(1). subject engineer see section 35E(1). 35E Health assessment (1) This section applies if the board reasonably believes a registered professional engineer (the subject engineer) is unable to competently and safely practise as a registered professional engineer because of the engineer's mental or physical health. (2) The board may require the subject engineer to undergo a health assessment by a medical practitioner (the health assessor) appointed by the board. (3) If the board decides to require a health assessment, the board must give the subject engineer an information notice about the decision to require the assessment that includes— (a) a stated date, time and place, for the assessment; and (b) the name and qualifications of the health assessor appointed by the board to conduct the assessment; and (c) the possible consequences of failing to undergo, or cooperate during, the assessment. (4) The stated date must be no sooner than 14 days after the information notice is given to the subject engineer unless the engineer and the board agree, in writing, to an earlier date. (5) The stated time and place must be reasonable having regard to the circumstances of the subject engineer as known to the board. 35F Appointment of health assessor Before appointing a medical practitioner as a health assessor, the board must be satisfied the medical practitioner does not have a personal or professional connection with the subject engineer that may prejudice the way in which the medical practitioner conducts the assessment. 35G Health assessment report (1) A health assessor conducting all or part of a health assessment of a subject engineer must prepare a report about the assessment (health assessment report). (2) The health assessment report must include— (a) the health assessor's findings as to whether the subject engineer is currently unable to competently and safely practise as a registered professional engineer; and (b) if the health assessor finds that the subject engineer is unable to competently and safely practise as a registered professional engineer—the health assessor's recommendations as to any conditions that could be imposed on the engineer's registration to overcome the inability. (3) The health assessor must give the health assessment report to the board and a copy to the subject engineer. 35H Payment for health assessment and report (1) The board is liable for the cost of the health assessment and the preparation of the health assessment report. (2) However, if the assessment is that the subject engineer is currently unable to competently and safely practise as a registered professional engineer, the board may require the engineer, by notice, to pay the board the amount of the cost of the assessment and of the preparation of the health assessment report. (3) The amount mentioned in subsection (2) is a debt payable to the board. 35I Use of health assessment report (1) A health assessment report is not admissible in any proceeding, and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceeding. (2) Subsection (1) does not apply in relation to— (a) a proceeding relating to an application by the subject engineer to whom the report relates for registration as, or renewal or restoration of registration as, a registered professional engineer under this Act; or (b) a proceeding on an appeal by the subject engineer against a decision of the board— (i) refusing to grant, renew or restore registration; or (ii) cancelling or immediately suspending registration. (3) Also, subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of— (a) the health assessor who prepared the report; and (b) the registered professional engineer to whom the report relates. (4) A health assessment report may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes. (5) In this section— health assessment report includes a copy of the report or a part of the report or copy. Part 2B Audits of registered professional engineers 35J Approved audit programs (1) The board may approve a program (an approved audit program) to audit 1 or more registered professional engineers. (2) The purpose of the approved audit program is to find out if a registered professional engineer to whom the program applies (an audited engineer) has complied with— (a) a code of practice approved under section 108; or (b) part 7. (3) The approved audit program must state all of the following— (a) the purpose of the program; (b) when the program starts and ends; (c) the criteria used to select a registered professional engineer for the program; (d) who will carry out the program; (e) any other matter relevant to carrying out the program. 35K Power to require production of documents (1) The board may, by notice given to an audited engineer, require the audited engineer to give the board a copy of, or access to, a document about a stated matter in the audited engineer's possession or control. (2) The notice must require the copy of, or access to, the document to be given within a stated reasonable period and in a stated reasonable way. (3) The audited engineer must comply with the requirement, unless the audited engineer has a reasonable excuse. Maximum penalty—100 penalty units. (4) For subsection (3), it is a reasonable excuse for the audited engineer not to comply with the requirement if complying with the requirement might tend to incriminate the audited engineer or expose the audited engineer to a penalty. Part 3 Complaints and investigations Division 1AA Extended application of part 3 36AA Application to former registered professional engineers (1) Action may be taken under this part in relation to a person who was a registered professional engineer at the time the conduct of the person that is relevant for this part happened even though the person is no longer a registered professional engineer. (2) For the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be a registered professional engineer. (3) This section does not limit, but may extend, the operation of the other provisions of this part. Division 1 Grounds for disciplining registered professional engineers 36 Grounds for disciplining a registered professional engineer Each of the following is a ground (a disciplinary ground) for disciplining a registered professional engineer— (a) the engineer has, whether before or after the commencement of this Act, behaved in a way that constitutes unsatisfactory professional conduct; (b) the engineer has failed to comply with a provision of this Act or the repealed Act; (c) the engineer has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practice of engineering; (d) the engineer has contravened an undertaking entered into by the engineer and the board under section 73(2)(b); (e) the engineer has contravened a condition of the engineer's registration. Division 2 Complaints 37 Complaints about conduct (1) A person who is aggrieved by a registered professional engineer's conduct in carrying out professional engineering services, whether before or after the commencement of this Act, may make a complaint about the conduct to the board. (2) A complaint must be in the approved form. (3) The chairperson must keep available for inspection, at the board's office by members of the public, information about— (a) the type of conduct the board considers may give rise to a complaint; and (b) how a person may make a complaint. (4) The board must publish on the board's website the information mentioned in subsection (3). 38 Board may require further information or statutory declaration (1) The board may, by notice, ask a complainant to give the board further information about the complaint within the reasonable time stated in the notice. (2) Also, the board may require a complainant to verify the complaint or further information by statutory declaration. 39 Rejection of complaint The board may decide to reject a complaint if the board reasonably considers the complaint is— (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance. 40 Withdrawal of complaint (1) If a complainant withdraws a complaint, the board need not take any further action about the complaint. (2) However, the withdrawal does not stop the board— (a) investigating, or continuing to investigate, the matter of the complaint; or (b) authorising an investigator to investigate, or continue to investigate, the matter of the complaint. (3) In deciding whether to act as mentioned in subsection (2), the board must have regard to the main objects of this Act and the grounds for disciplining a registered professional engineer. Note— For the grounds for disciplining a registered professional engineer, see section 36. Division 3 Investigations 41 Investigation of registered professional engineer's conduct (1) This section applies if— (a) a complaint is made about a registered professional engineer's conduct in carrying out professional engineering services; or (b) the board reasonably believes an aspect of a registered professional engineer's conduct in carrying out professional engineering services may provide a ground for disciplining the engineer. (2) The board may conduct an investigation of the registered professional engineer's conduct or authorise, in writing, an investigator to conduct the investigation. (3) To help the board decide whether to act under subsection (2), the board may give the registered professional engineer a notice stating he or she may make a submission to the board about the complaint or ground for disciplining the registered professional engineer within the reasonable time stated in the notice. 42 Investigation of compliance with Act (1) If the board reasonably suspects a person has committed an offence against this Act, the board may— (a) investigate the suspected offence; or (b) authorise, in writing, an investigator to conduct the investigation. (2) For helping the board decide whether to act under subsection (1), the board may give the person a notice stating the person may make a submission to the board about the matter the subject of the suspected offence within the reasonable time stated in the notice. 43 Investigation to be conducted as quickly as possible The board, or an investigator it authorises to conduct an investigation, must conduct the investigation as quickly as possible having regard to the nature of the matter being investigated. 44 Notice of investigation (1) As soon as practicable after deciding to conduct, or authorising an investigator to conduct, an investigation in relation to a person, the board must give the person notice of the investigation. (2) The notice must state each of the following— (a) whether the investigation is being conducted by the board or an investigator; (b) if an investigator is conducting the investigation—the investigator's name; (c) if the investigation relates to a complaint—the nature of the complaint; (d) if the board or an investigator is conducting the investigation on the board's own initiative under section 41(1)(b) or 42—the grounds that are the basis for the investigation; (e) that the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made. (3) However, the board need not give the person the notice if the board reasonably believes that giving the notice may— (a) seriously prejudice the investigation; or (b) place the complainant or another person at risk of harassment or intimidation. (4) A submission under subsection (2)(e) must be made to— (a) if an investigator is conducting the investigation—the investigator; or (b) otherwise—the board. 45 Board may engage persons to help investigation (1) The board may engage a person to help the board or investigator in conducting an investigation if the board is satisfied the person is sufficiently qualified or experienced to help the board or investigator about the matter the subject of the investigation. (2) Without limiting subsection (1), the board may engage the person to give the board or investigator a written report about the matter the subject of the investigation. Division 4 Investigators 46 Function of investigator An investigator has the function of conducting the investigation the investigator is authorised to conduct by the board. 47 Powers of investigator To conduct the investigation, an investigator has the powers given to the investigator under this Act. Division 5 Appointment of investigators and other matters 48 Appointment and qualifications (1) The board may appoint a person as an investigator. (2) The person must be an individual who is not a board member. (3) However, the board may appoint a person as an investigator only if the board is satisfied the person is appropriately qualified. 49 Appointment conditions and limit on powers (1) An investigator holds office on any conditions stated in— (a) the investigator's instrument of appointment; or (b) a signed notice given to the investigator; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator's powers under this Act. (3) In this section— signed notice means a notice signed by the chairperson or deputy chairperson. 50 Issue of identity card (1) The board must issue an identity card to each investigator. (2) The identity card must— (a) contain a recent photograph of the investigator; and (b) contain a copy of the investigator's signature; and (c) identify the person as an investigator under this Act; and (d) state an expiry date for the card. 51 Production or display of identity card (1) In exercising a power under this Act in relation to a person, an investigator must— (a) produce the investigator's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the investigator must produce the identity card for the person's inspection at the first reasonable opportunity. (3) For subsection (1), an investigator does not exercise a power in relation to a person only because the inspector has entered a public place under section 62A(1)(b). 52 When investigator ceases to hold office (1) An investigator ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the investigator ceases to hold office; (c) the investigator's resignation under section 53 takes effect. (2) Subsection (1) does not limit the ways an investigator may cease to hold office. (3) In this section— condition of office means a condition on which the investigator holds office. 53 Resignation An investigator may resign by signed notice given to the board. 54 Failure to return identity card An individual who ceases to be an investigator must return the individual's identity card to the board within 21 days after ceasing to be an investigator, unless the individual has a reasonable excuse. Maximum penalty—10 penalty units. Division 6 Powers of board and investigators 55 Power to require information or attendance (1) For an investigation, the board or an investigator may, by notice given to a person, require the person to— (a) give the board or investigator information related to the investigation by a stated reasonable time; or (b) attend before the board or investigator at a stated reasonable time and place to answer questions, or produce documents, related to the investigation. (2) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document. (3) In this section— information includes a document. Example of information— engineering plans or drawings, or a document containing engineering calculations 56 Offence to contravene information or attendance requirement (1) A person of whom a requirement is made under section 55(1)(a) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) A person of whom a requirement is made under section 55(1)(b) must not fail, without reasonable excuse— (a) to attend as required by the notice; or (b) to continue to attend as required by the board or investigator until excused from further attendance; or (c) to answer a question the person is required to answer by the board or investigator; or (d) to produce a document the person is required to produce by the notice. Maximum penalty—50 penalty units. (3) It is a reasonable excuse for a person not to give the information, answer the question or produce the document, if giving the information, answering the question or producing the document might tend to incriminate the person or expose the person to a penalty. 57 Inspection and copying of produced documents (1) If a document is produced to the board or an investigator, whether under a notice under section 55 or otherwise, the board or investigator may inspect it. (2) Also, the board or investigator may make a copy of, or take an extract from, the document if the board or investigator reasonably considers the document may be relevant to the investigation being conducted by the board or investigator. Division 7 Seizure of documents 58 Seizing document as evidence The board or investigator may seize a document mentioned in section 57(1) if the board or investigator reasonably believes the document is evidence that is relevant to the investigation being conducted by the board or investigator. 59 Receipt for seized document (1) As soon as practicable after the board or investigator seizes a document, the board or investigator must give a receipt for it to the person from whom it was seized. (2) The receipt must describe generally each document seized and its condition. 60 Investigator to give seized document to board If an investigator seizes a document under section 58, the investigator must give the document to the board when the investigator gives the board a report about the investigation under section 71(1). 61 Access to seized document (1) Until a seized document is returned, the board or investigator must allow its owner to inspect or copy it. (2) Subsection (1) does not apply if it would be unreasonable to allow the inspection or copying. 62 Return of seized document (1) The board must return a document seized as evidence, whether by the board or an investigator, to its owner— (a) at the end of 6 months; or (b) if proceedings involving the document are started within 6 months—at the end of the proceedings and any appeal from the proceedings. (2) Despite subsection (1), the board must immediately return the document to its owner if the board stops being satisfied its continued retention as evidence is necessary. Division 7A Entry of places by investigators Subdivision 1 Power to enter 62A General power to enter places (1) An investigator may enter a place if— (a) an occupier at the place consents under subdivision 2 to the entry and section 62D has been complied with for the occupier; or (b) it is a public place and the entry is made when the place is open to the public; or (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 62I has been complied with for the occupier. (2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (3) If the power to enter is under a warrant, the power is subject to the terms of the warrant. Subdivision 2 Entry by consent 62B Application of subdivision This subdivision applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 62A(1)(a). 62C Incidental entry to ask for access For the purpose of asking the occupier for the consent, an investigator may, without the occupier's consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. 62D Matters investigator must tell occupier Before asking for the consent, the investigator must— (a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and (b) tell the occupier that— (i) the occupier is not required to consent; and (ii) the consent may be given subject to conditions and may be withdrawn at any time. 62E Consent acknowledgement (1) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent. (2) The acknowledgement must state— (a) the purpose of the entry, including the powers to be exercised; and (b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and (c) that the occupier has been told— (i) that the occupier is not required to consent; and (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and (d) that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and (e) the day and time the consent was given; and (f) any conditions of the consent. (3) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier. (4) If— (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. Subdivision 3 Entry under warrant 62F Application for warrant (1) An investigator may apply to a magistrate for a warrant for a place. (2) The investigator must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the written application to be given by statutory declaration. 62G Issue of warrant (1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act. (2) The warrant must state— (a) the place to which the warrant applies; and (b) that a stated investigator or any investigator may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the powers of the investigator; and (c) particulars of the offence that the magistrate considers appropriate; and (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and (e) the evidence that may be seized under the warrant; and (f) the hours of the day or night when the place may be entered; and (g) the magistrate's name; and (h) the day and time of the warrant's issue; and (i) the day, within 14 days after the warrant's issue, the warrant ends. 62H Defect in relation to a warrant A warrant is not invalidated by a defect in— (a) the warrant; or (b) compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular. 62I Entry procedure (1) This section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant. (2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator's identity card or another document evidencing the investigator's appointment; (b) give the person a copy of the warrant; (c) tell the person the investigator is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the investigator immediate entry to the place without using force. (3) However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Division 7B General powers of investigators after entering places 62J Application of division (1) The powers under this division may be exercised if an investigator enters a place under section 62A. (2) However, if the investigator enters a place to get the occupier's consent t