Board of Professional Engineers of Queensland v H

Case Notes > Board of Professional Engineers of Queensland v H

Board of Professional Engineers of Queensland v H

This case was a prosecution brought by the Board of Professional Engineers of Queensland (“Board”) against H (deidentified) in the Magistrates Court of Queensland (“Court”).

Charges

The charge against H alleged that H carried out professional engineering services when not a registered professional engineer, in contravention of section 115(1) of the Professional Engineers Act 2002 (Qld).

H’s Background

H had been registered as a professional engineer under the Professional Engineers Act2002 (Qld) since 2000. However H’s registration as a professional engineer had expired.

H did not make an application to renew the registration with the Board, and as such H was not registered as a professional engineer at the time H undertook the work about which the complaint was made.

Conduct of H

H carried out professional engineering services in relation to a project at a sports centre. H was engaged as the lead mechanical engineer and team leader on the project. As part of those duties, H issued a Form 15 Compliance Certificate for building Design or Specification in relation to the air conditioning systems and the ventilation systems for the project.

During the time H was carrying out professional engineering services H was not registered as a registered professional engineer.

H stated that H did not receive any of the correspondence sent by the Board regarding registration. When it was brought to H’s attention that H’s registration as a registered professional engineer had expired, H immediately contacted the relevant Council to make arrangements to withdraw the Form 15 H had issued.

H pleaded guilty to the charge of carrying out professional engineering services while not registered as a professional engineer, and expressed regret that H had not been aware that H’s registration was not current.

What the Court Said

The Court accepted H’s admission of guilt, and was satisfied that H had carried out professional engineering services when not registered as a registered professional engineer.

In determining the appropriate penalty the Court took into account a number of factors, including that H fully cooperated with investigation, made full admissions and demonstrated immediate action upon learning H’s was not in fact registered with the Board.

Consequences for H

Taking the circumstances of the conduct into consideration, the Court found H guilty of the offence and ordered that H pay a monetary penalty and the Board’s costs.

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