05 Aug Restoration of Registration Policy
POLICY ID 2.01
Version 1 (April 2020)
|POLICY CATEGORY||Registrations - External|
|First Draft||April 2020|
|Approved by Board||29 April 2020|
BOARD OF PROFESSIONAL ENGINEERS OF QUEENSLAND
The Board of Professional Engineers of Queensland (Board) is a statutory body established under the Professional Engineers Act 2002, to uphold the standards of practice through regulating the engineering profession in Queensland
The purpose of this policy is to clarify the Board of Professional Engineers of Queensland’s (Board) position on applications for restoration of registration made under Part 2, Division 4, Subdivision 3 of the Professional Engineers Act 2002 (Act).
This policy provides:
- the framework on how the Board will manage applications for restoration of registration made under section 23 of the Act; and
- guidance to applicants on how the Board will assess and make decisions regarding applications for restoration of registration.
The relevant functions of the Board relating to this policy are to:
- assess applications for registration made under this Act;1 and
- register persons who are eligible for registration and issue certificates of registration;2
Restoration of registration will be granted if the Board is satisfied the criteria in section 23(2) of the Act and any additional information, requested pursuant to section 23(5) of the Act, satisfies the requirements for the restoration of registration.
Applications for restoration of registration will only be considered by the Board if received between 1 July and 31 August each year (referred to as the restoration period) after the year in which the applicant’s registration relates.3
The Board may accept and consider applications for restoration of registration after the restoration period4 in certain circumstances which are outlined in this policy.
The statutory framework in respect of an application for restoration of registration is illustrated below:
Applications received on the approved form within the restoration period (1 July – 31 August)
If an application is lodged pursuant to Section 23(2) of the Act, the Board will consider all information accompanying the application.
The Board will also consider any further relevant material requested by and provided to the Board.5
The Board (or a delegate for the Board) will make a decision to grant or refuse the restoration of registration on the merits of each application.
Applications received on the approved form within 6 months after the end of the restoration period (1 September – 28 February)
In determining whether to accept an application for restoration of registration within 6 months after the end of the restoration period the Board will need to be satisfied that:
- the applicant’s reasons for applying for restoration, including why their registration was not renewed and subsequently lapsed, are acceptable;
- the applicant’s continuing registration requirements have been met;6
- circumstances exist that would be reasonable to accept and consider the application;
- the applicant had not provided professional engineering services from the end of the previous registration period until the time of the application for restoration.
The Applicant will need to provide the relevant information outlined in clause 4.4 above in a Statutory Declaration which will accompany the application for restoration.
The Board will consider each application received after the end of the restoration period on its merits. The assessment of each application will include:
- whether to accept the application with the information outlined in clause 4.4 above and if accepted,
- whether restoration of registration will be granted under the Act.7
Applications received more than 6 months after the end of the restoration period (after 1 March)
Applications for restoration of registration received more than 6 months after the restoration period will not be accepted.
All applications received after this time will have the registration fee, which accompanied their application, refunded (if applicable).
Applications where restoration of registration is refused
Applications that are accepted by the Board, but restoration of their registration is refused will have any payment of the registration fee, accompanied with the application, refunded.8
Applicants who have their application for restoration of registration refused will need to submit a new application for registration on the approved form (Form 2).
- Professional Engineers Act 2002 (Qld): Sections 8, 23, 24, 25, 26 and 80(1)(b)
Other Relevant Information:
- Application for Restoration of Registration (Form 4).
1Professional Engineers Act 2002 (Qld), section 80(1)(a)
2 Ibid, section 80(1)(b)
3 Ibid at section 23(1)
4 Ibid at section 23(3)
5 Ibid at Section 23(5)
6 Ibid at sections 16 and 24(2)(b)
7 Ibid at sections 23(2)(5) and 24
8 Ibid at Section 26 (2)