BPEQ is responsible for protecting the public by ensuring professional engineering services are provided by a RPEQ in a professional and competent way, maintaining public confidence in the standard of services provided by RPEQs and upholding the standards of practice of RPEQs.
The PE Act provides a process for persons who are aggrieved by the conduct of a RPEQ to lodge a complaint with BPEQ. If BPEQ forms a reasonable belief that a RPEQ may have behaved in a way that constitutes unsatisfactory professional conduct it can investigate and take disciplinary action (e.g. cautions, reprimands, fines or deregistration). BPEQ can only impose or seek disciplinary action for unsatisfactory professional conduct through the Queensland Civil and Administrative Tribunal.
Each of the following is a ground for disciplining a RPEQ:
- behaving in a way that constitutes unsatisfactory professional conduct;
- failing to comply with PE Act;
- conviction of an offence against the PE Act or any other legislation related to the practice of engineering;
- contravening an undertaking to BPEQ; or
- contravening a registration condition.
Unsatisfactory professional conduct, for a RPEQ, 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 RPEQ’s professional peers;
- conduct that demonstrates incompetence, or a 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.
The Code of Practice for RPEQs provides guidance about appropriate professional conduct and practice.
It is an offence under the PE Act for a person to carry out professional engineering services while unregistered or without the direct supervision of a RPEQ. Possible breaches of the PE Act (i.e. unregistered practice) should be notified to BPEQ and may result in the offender being prosecuted.
BPEQ cannot:
- resolve contractual disputes or other similar grievance;
- require the RPEQ the subject of your complaint to do anything (e.g. undertake rectification, remediation, pay compensation or other legal remedy);
- assess safety risks and ordinarily will not visit a subject site and/or assess the safety standards of an engineering service that is the subject of a complaint;
- provide legal advice or influence a matter before a court or tribunal;
Complaints about the conduct of a RPEQ or a notification of a breach of the PE Act can be lodged with BPEQ online through the respective webform. The webform must be completed in full and clearly state grounds for the complaint/notification with supporting evidence.
BPEQ’s complaint, investigation and disciplinary processes are independent of any other complaint or dispute resolution process (including litigation) in which the parties, or other persons, to the complaint are involved. BPEQ cannot assist unless required to do so by law.
The Complaints against Registered Professional Engineers and Investigation Decisions policy (2.1 (5A)) and Offences and Investigation Decisions policy (2.2 (5A)) contains more information about BPEQ’s processes.