16 Nov Payment of Penalty and Costs Policy
Effective: 13 June 2018
1.1 The purpose of the policy is to establish a uniform practice for recovery of fines and/or penalties imposed on Registered Professional Engineers of Queensland (RPEQ) and other persons in disciplinary proceedings and prosecution proceedings conducted by the Board of Professional Engineers of Queensland (“Board”) in accordance with the Professional Engineers Act 2002 (“Act”) and costs orders made in favour of the Board in such a proceeding or any other proceeding conducted by or against the Board.
2.1 Pursuant to Section 81(1)(e) of the Act the Board is empowered to do anything necessary or convenient to be done for the performance of its functions.
2.2 Pursuant to Section 80 of the Act the functions of the Board include conducting, or authorising others to conduct, investigations about the professional conduct of registered professional engineers and contraventions of this Act and to perform other functions given to the Board under the Act. One of the functions given to the Board under the Act is to start and conduct disciplinary proceedings, proceedings for the prosecution of offences and to commence or defend any other proceeding in furtherance of the objects of the Act.
2.3 In carrying out its relevant functions the Board may find it necessary to seek to recover certain unpaid costs ordered in its favour and certain monetary penalties imposed on RPEQ’s and others by various Courts and Tribunals.
2.4 If a person is found guilty of an offence against the Act, the Court may order impose a file of between 10 and 1000 penalty units per offence (depending on the offence). The value of a penalty unit is determined in accordance with the provisions of the Penalties and Sentences Act 1992 (Qld). A penalty unit was set at $126.15 as at 1 July 2017.
2.5 In a disciplinary proceeding commenced and conducted by the Queensland Civil and Administrative Tribunal (QCAT), QCAT may order a RPEQ to pay a stated amount of not more than 200 penalty units (section 131(2) of the Act).
2.6 For a prosecution proceeding – pursuant to section 140A of the Act the Court may make an order requiring a person to pay an amount to the Board as compensation for all, or a part of, the reasonable costs of any investigation by, or on behalf of, the Board, including its costs of preparing for the prosecution proceeding.
2.7 For a disciplinary or other proceeding in QCAT – pursuant to section 131(3)(f) of the Act, where QCAT decides that a disciplinary ground is established, it may make an order requiring an RPEQ to pay an amount to the Board as reasonable compensation for all, or a part of, the reasonable costs of any investigation by, or on behalf of, the Board, including the costs of preparing for the proceeding.
2.8 The Board may also be required to recover certain unpaid costs ordered in its favour by any Court.
3.1 If any Court or Tribunal, in any proceeding conducted by or against the Board pursuant to the Act, does not set a time for payment of a monetary penalty or costs order to the Board, then the Board will allow a period of sixty (60) days from the date of the order for payment in full before taking any recovery action or other recovery or enforcement step.
4.1 Related legislation:
Penalties and Sentences Act 1992 (Qld)
Professional Engineers Act 2002 (Qld)