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Professional Engineers and Other Legislation Amendment Bill 2008
Professional Engineers and Other
Legislation Amendment Bill 2008
Explanatory Notes
Short Title
Professional Engineers and Other Legislation Amendment Bill 2008
General Outline
Objectives of the Bill
The objective of the Professional Engineers and Other Legislation
Amendment Bill 2008 (the Bill) is to amend the Professional Engineers
Act 2002, the Electrical Safety Act 2002 and the Public Records Act 2002.
The amendments to the Professional Engineers Act 2002 are to:
· introduce a simplified co-regulatory scheme under which
assessment entities are approved to carry out the assessment of
qualifications and competency of professional engineers;
· improve the fitness to practise provisions;
· introduce a range of miscellaneous amendments in relation to
matters such as restoration of registration, staffing of the Board
and disciplinary and penalty provisions.
The amendments to the Electrical Safety Act 2002 are to update references
to electrical engineers so they are consistent with the Professional
Engineers Act 2002.
The amendments to the Public Records Act 2002 are to provide that the
records of a Parliamentary Secretary are treated in the same way as the
records of a Minister.
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Professional Engineers and Other Legislation Amendment Bill 2008
Reasons for the objectives and how they will be achieved
Professional Engineers Act 2002
The Professional Engineers Act 2002 provides that a regulation may
prescribe qualifications and competencies in the practice of engineering
and the assessment entities that would assess applicant engineers against
these qualifications and competencies. The assessment entities are also
required to conduct competency assessments against continuing
competency requirements. The Board of Professional Engineers of
Queensland (the Board) has experienced difficulties in developing detailed
qualifications and competencies in the practice of engineering for
prescription by regulation. As a result the transitional provisions of the
Professional Engineers Act 2002 (based on the repealed Professional
Engineers Act 1988) are still being used to assess applicant engineers for
registration.
The proposed amendments to the Professional Engineers Act 2002
addresses these issues by introducing a simplified co-regulatory scheme
under which the qualifications and competencies for registration of
engineers will no longer be prescribed by regulation. Instead, one or more
entities could apply for approval by the Minister of a scheme for the
assessment of engineers' qualifications and competencies in identified
areas of engineering, for a period of up to 5 years.
Proposed schemes will be evaluated against a set of criteria which will be
set out in the Act, including that:
· the scheme adequately provides for the assessment of
qualifications and competencies of engineers in identified areas
of engineering;
· the scheme must be consistent with national and international
standards for the recognition of professional engineers;
· assessments of applicant engineers are carried out independently
and professionally;
· fees imposed on applicant engineers are reasonable;
· the body has the ability to establish adequate continuing
professional development requirements and an effective audit
program.
Engineers seeking to be registered under the Professional Engineers Act
2002 will be assessed by the assessment entity which will advise the Board
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Professional Engineers and Other Legislation Amendment Bill 2008
whether applicant engineers have the necessary qualifications and
competence to be registered. The Board will continue to assess fitness to
practise requirements, register professional engineers and carry out
disciplinary processes.
The Bill also proposes to broaden the fitness to practise provisions to
enable the Board to request a written report from the Police Commissioner
about the criminal history of an applicant for registration and to request that
a registered engineer undergo a health assessment if the Board reasonably
believes that the registered engineer is unable to competently and safely
practise as a registered engineer because of the engineer's mental or
physical health. The amendments relating to criminal history checks and
health assessments are consistent with provisions in the Legal Profession
Act 2007. These provisions will enhance the consumer protection
provisions provided by the Professional Engineers Act 2002. The
provisions support and enhance the Board's existing power to consider an
applicant's criminal history (see s11(a)) and mental or physical health (see
s11(e)) as part of the assessment of an applicant's fitness to practise as a
registered professional engineer.
The Bill also introduces a further ground for cancellation of registration
where a registered professional engineer has been removed from a register
in another jurisdiction in Australia or elsewhere, and including a
non-government register such as the National Professional Engineering
Register.
Some improvements to the disciplinary processes are included in the Bill.
They include giving the Board the ability to adopt another option for
dealing with a discipline matter should the original option not proceed for
some reason and giving the Board greater flexibility in the resolution of
matters once they reach the Commercial and Consumer Tribunal, and
providing a greater range of penalties and enforcement options.
Under the Bill the maximum disciplinary penalty is increased to 200
penalty points (currently $15,000). This is consistent with the maximum
penalty in discipline cases provided for by the Commercial and Consumer
Tribunal Act 2003. This will make disciplinary penalties more
proportionate to the offence provisions of the Act and more consistent with
similarly regulated professions both interstate and internationally.
Public Records Act 2002
The Public Records Act 2002 does not currently make provision for records
of a Parliamentary Secretary. While many records of a Parliamentary
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Professional Engineers and Other Legislation Amendment Bill 2008
Secretary are also records of a Minister and therefore classed as ministerial
records under the Public Records Act 2002 there may be other records of a
Parliamentary Secretary that are not ministerial records.
Under the amendments in the Bill the Public Records Act 2002 will treat
records of a Parliamentary Secretary in the same way as records of a
Minister so that:
· documents created or received by a Parliamentary Secretary in
the course of carrying out their duties as a Parliamentary
Secretary, including documents created or received in the course
of carrying out a Minister's portfolio responsibilities, are public
records; and
· documents created or received by a Parliamentary Secretary
which relate to his or her personal or party political activities or
his or her capacity as a member of the Legislative Assembly are
not public records.
Administrative cost to Government of implementation
It is anticipated that the Bill will not impose any significant administrative
cost to Government.
Consistency with Fundamental Legislative Principles
Whether the legislation has sufficient regard to the rights and liberties of
individuals
Under the Bill there is no merit based review of a decision of the Minister
in relation to the approval of an assessment scheme. However, the applicant
is given the opportunity to make representations about a proposed negative
decision and the Minister must take into account the representations before
making the final decision. The Minister is also required to provide reasons
for the decision and there is no removal of the right to seek judicial review
of the decision.
It is not considered that the Bill raises any other fundamental legislative
principles issues.
Extent Of Consultation
All Government departments and the Board have been consulted in the
preparation of the Bill.
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Professional Engineers and Other Legislation Amendment Bill 2008
Wide industry consultation has been undertaken with respect to the
amendments to the Professional Engineers Act 2002 with organisations
including Engineers Australia, the National Engineering Registration
Board, Association of Consulting Engineers Australia (ACEA), Institute of
Public Works Engineering Australia (IPWEA), Association of Professional
Engineers, Scientists and Managers Australia (APESMA), Australasian
Institute of Mining and Metallurgy (AusIMM), a representative from the
Electrical/Electronic Engineering Industry and the Society of Fire Safety
(Queensland Chapter).
Notes On Provisions
Part 1 Preliminary
Short title
Clause 1 sets out the short title as the Professional Engineers and Other
Legislation Amendment Act 2008.
Commencement
Clause 2 provides that Part 3 commences on 1 July 2008.
Part 2 Amendments of Professional
Engineers Act 2002 commencing
on assent
Act amended in pt 2
Clause 3 provides for an amendment to the Professional Engineers Act
2002.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 4 amends section 23(2)(b)(iii) of the Professional Engineers Act
2002 to allow for an application fee to be charged for processing
applications for restoration.
Clause 5 of the Bill inserts section 35A (Inquiries about fitness to practise
as a registered professional engineer). Section 35A permits the Board to
make inquiries about applicants, registered engineers applying for renewal
and persons applying for restoration of their registration to help in deciding
whether the person is, or continues to be, fit to practise as a registered
professional engineer.
Clause 5 of the Bill inserts section 35B (Report about relevant person's
criminal history). Section 35B allows the Board to ask the commissioner of
the police service for a written report about the criminal history of an
applicant for registration, a registered engineer applying for renewal or a
person applying for restoration of their registration. This amendment will
provide further assistance to the Board when assessing an applicant
engineer's criminal history pursuant to section 11 of the Professional
Engineers Act 2002.
Division 1AA Extended application of part 3
Clause 6 inserts section 36AA (Application to former registered
professional engineers) to enable the commencement of disciplinary action
against engineers who have de-registered prior to the commencement of
disciplinary proceedings.
Clause 7 inserts section 69AA (Application of pt 4 to certain former
registered professional engineers) which provides that a formerly
registered professional engineer mentioned in section 36AA(1) is taken to
be a registered professional engineer for the purposes of applying Part 4 of
the Professional Engineers Act 2002.
Clause 8 updates the reference to the Queensland Division of the Institution
of Engineers Australia in section 82(2)(b)(i).
Clause 9 amends the heading of Part 5, Division 7 to read `Registrar of
Board and other Staff'.
Clause 10 inserts section 100A (Other staff) which provides that, with the
Board's consent, public service employees may be engaged by a public
sector unit to provide services for the Board.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 11 omits and replaces section 101 of the Professional Engineers Act
2002. The new section provides that the Board must reimburse the public
sector unit in which the registrar or a public service employee is employed
the reasonable costs of the services provided by the registrar or public
service employee for the Board.
Part 6A Assessment entities and
schemes
Division 1 Preliminary
Clause 12 inserts section 112A (Definitions for pt 6A) which provides
definitions for new Part 6A of the Professional Engineers Act 2002.
Division 2 Suitability of assessment schemes
Clause 12 inserts section 112B. Section 112B(1) sets out criteria that
assessment schemes would need to meet on initial application and to
remain suitable for approval as an assessment scheme. Section 112B(2)
defines `continuing registration requirements' that are to be met by
applicants for renewal of registration.
Division 3 Applications relating to assessment
schemes
Clause 12 inserts section 112C (Application for approval) which provides
that an entity may apply to the Minister for approval of a proposed
assessment scheme for 1 or more areas of engineering to be conducted by
the entity. The application for approval must be in the approved form and
be supported by enough information to enable the Minister to decide the
application. The application must also be accompanied by the proposed
assessment scheme and the fee, if any, prescribed under a regulation.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 12 inserts section 112D (Application for renewal) which provides
that an assessment entity for an assessment scheme may apply to the
Minister for renewal of the approval of the assessment scheme. The
application for renewal must be in the approved form and be supported by
enough information to enable the Minister to decide the application. The
application must also be made at least 28 days before the approval of the
assessment scheme ends and be accompanied by the fee, if any, prescribed
under a regulation.
Clause 12 inserts section 112E (Application for variation) which provides
that the assessment entity for an assessment scheme may apply to the
Minister to vary the assessment scheme. The application for variation must
be in the approved form and be supported by enough information to enable
the Minister to decide the application. The application must also be
accompanied by the proposed variation of the assessment scheme and the
fee, if any, prescribed under a regulation.
Division 4 Referral of applications under this
part to the board
Clause 12 inserts section 112F (Minister to refer an application under this
part to the board for assessment) which provides that, after receiving an
application under Part 6A of the Professional Engineers Act 2002, the
Minister must refer the application to the Board for assessment.
Clause 12 inserts section 112G (Consideration by board) which specifies
what the Board must consider when an application for approval, an
application for renewal or an application for variation is referred by the
Minister. The Board is not restricted in its consideration to the information
contained in the application.
Clause 12 inserts section 112H (Further information or document to
support application) which provides that the Board may require the
applicant to give the Board further information or a document the Board
reasonably requires to make its recommendation on the application. The
applicant must respond within a reasonable time of not less than 14 days.
The Board and the applicant may agree on an extension of the time stated
in the notice. The applicant is taken to have withdrawn its application if it
does not comply with the requirement within the specified time.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 12 inserts section 112I (Report by board about application) which
requires the Board to give the Minister a written report about the
application which contains the Board's recommendation about whether the
Minister should grant the application and whether the Minister should
impose a condition on the approval.
Division 5 Decision of Minister
Clause 12 inserts section 112J (Decision on application) which requires the
Minister to consider the application and decide to either grant, or refuse to
grant, the application. The Minister must have regard to the Board's report
when considering the application but is not bound by any recommendation
contained in the report. The Minister may also impose conditions on the
approval that are reasonable and relevant.
Clause 12 inserts section 112K (Grant of application) which provides that
if the Minister decides to grant the application without conditions then the
Minister must give the applicant notice of the decision as soon as
practicable.
Clause 12 inserts section 112L (Grant of application with conditions)
which provides that if the Minister proposes to grant the application with
conditions, the Minister must give the applicant a notice stating the
proposed conditions, the reasons for the proposed decision and that the
applicant may make written representations to the Minister about the
proposed decision within 28 days. The Minister must consider all written
representations and decide whether to grant the application with, or
without, conditions.
Clause 12 inserts section 112M (Refusal of application) which provides
that if the Minister proposes to refuse to grant the application, the Minister
must give the applicant a notice stating the reasons for the proposed
decision and that the applicant may make written representations to the
Minister about the proposed decision within 28 days. The Minister must
consider all written representations and decide whether to grant the
application with, or without, conditions or refuse to grant the application.
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Professional Engineers and Other Legislation Amendment Bill 2008
Division 6 Term of approval
Clause 12 inserts section 112N (Term of approval) which specifies that,
unless sooner cancelled, suspended or otherwise ended, approval of an
assessment scheme remains in force for the term decided by the Minister
but must not be more than 5 years.
Clause 12 inserts section 112O (Approval continues pending decision
about renewal) which provides that if an assessment entity applies for
renewal of approval of an assessment scheme the approval of the
assessment scheme is taken to continue in force until the assessment entity
withdraws that application or the Minister decides to renew the approval or
refuses to grant the renewal.
Division 7 Cancellation, suspension and
surrender of approval
Clause 12 inserts section 112P (Grounds for cancellation and suspension)
which specifies the grounds for cancelling or suspending the approval of an
assessment scheme.
Clause 12 inserts section 112Q (Show cause notice) which requires that the
Minister must give the assessment entity a show cause notice if the
Minister believes that a grounds for cancellation or suspension of the
approval of an assessment scheme exists and the Minsister proposes to
cancel or suspend the approval. The assessment entity may make written
representations explaining why the approval should not be cancelled or
suspended.
Clause 12 inserts section 112R (Consideration of representations) which
requires that the Minister consider all written representations made.
Clause 12 inserts section 112S (Ending show cause process without further
action) which provides that if, after considering the accepted
representations for the show cause notice, the Minister no longer believes
the ground exists to take the proposed action, the Minister must not take
further action about the show cause notice and must, as soon as practicable,
give notice to the assessment entity that no further action is to be taken
about the show cause notice.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 12 inserts section 112T (Cancellation or suspension of approval)
which provides that if, after considering the accepted representations for
the show cause notice (or if no accepted representations are made) the
Minister believes the ground exists to cancel or suspend the approval, the
Minister may cancel or suspend the approval as the case may be. If the
Minister decides to cancel or suspend the approval the Minister must give
the assessment entity notice of the decision and the reasons for the
decision.
Clause 12 inserts section 112U (Voluntary surrender of approval) which
provides that the assessment entity for an assessment scheme may
surrender the approval for the scheme by notice given to the Minister.
Division 8 Record of assessment entities
Clause 12 inserts section 112V (Record of assessment entities) which
requires the Board to keep a record of the name and contact details of each
assessment entity and the areas of engineering for which the entity
conducts an assessment scheme. The record must be published on the
Board's website and made available to the public in hard copy form.
Starting disciplinary proceeding
Clause 13 corrects a cross-reference in section 128 of the Professional
Engineers Act 2002 to the Commercial and Consumer Tribunal Act 2003.
Amendment of s 129 (Tribunal to have regard to code of
practice)
Clause 14 amends section 129 of the Professional Engineers Act 2002 so
that the Commercial and Consumer Tribunal (the Tribunal) must have
regard to the code of practice in deciding whether a registered professional
engineer or former registered professional engineer has behaved in a way
that constitutes unsatisfactory professional conduct or practice.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 131 (Orders relating to registered professional
engineer)
Clause 15 amends section 131 to increase from 40 to 200 penalty units the
maximum penalty the Tribunal may order a registered professional
engineer to pay if a disciplinary ground is established.
Clause 15 also amends section 131(3) to enable the Tribunal to impose a
condition on the registered professional engineer's registration or to
suspend the registered professional engineer's registration for a stated
period. This amendment adds to the already existing orders which the
Tribunal may make.
Amendment of s 132 (Orders relating to former registered
professional engineer)
Clause 16 replaces section 132(1) of the Professional Engineers Act 2002
which now provides for orders to be made by the Tribunal against a person
who is not a registered professional engineer at the time of the Tribunal's
order.
Clause 16 increases from 40 to 200 penalty units the maximum penalty the
Tribunal may order a formerly registered professional engineer to pay if a
disciplinary ground is established.
Clause 16 also omits and replaces section 132(2)(b). The new section
provides that if a disciplinary ground is established against a formerly
registered professional engineer the Tribunal may:
· order the person to pay a penalty;
· make an order reprimanding the person; and/or
· make an order disqualifying, indefinitely or for a stated period,
the person from obtaining registration as a registered
professional engineer.
Clause 16 also omits section 132(3) and section 132(4) as a consequence of
the other amendments made by this clause 16.
Amendment of s 133 (Effect of particular orders)
Clause 17 makes amendments to section 133 required as a consequence of
amendments made in clause 15 and clause 16 to section 131 and section
132 respectively.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 139 (Summary proceedings for offences)
Clause 18 redrafts section 139(2) of the Professional Engineers Act 2002.
The amendment updates the wording of the existing section to
accommodate current drafting practices.
Amendment of pt 11, div 2, hdg
Clause 19 amends the heading of Part 11, division 2 to make it more
descriptive of the provisions.
Insertion of new pt 11, div 4
Division 4 Transitional provision for
Professional Engineers and Other
Legislation Amendment Act 2008,
part 2
Clause 20 inserts section 167 (Certain decisions made under part 6A to
have effect from 1 July 2008) which provides that a decision of the
Minister, made before 1 July 2008, under section 112J (Decision on
application) to grant an application for approval of a proposed assessment
scheme, has effect from 1 July 2008.
Amendment of sch 2 (Dictionary)
Clause 21 makes a number of amendments to Schedule 2 of the
Professional Engineers Act 2002 required as a consequence of this Bill.
The amendment of the definition of `professional engineering service' in
Schedule 2 is to clarify that the exclusion from the definition applies only
to an engineering service that is wholly provided in accordance with a
prescriptive standard.
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Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional
Engineers Act 2002 commencing
on 1 July 2008
Clause 22 provides that Part 3 of the Bill amends the Professional
Engineers Act 2002.
Clause 23 inserts section 7A (Areas of engineering) which defines the term
`areas of engineering' as the areas of engineering for which there is an
assessment scheme or for which qualifications and competencies are
prescribed under section 10(1)(b) of the Professional Engineers Act 2002.
The Board is required to publish the areas of engineering on its website.
Amendment of s 8 (Applying for registration)
Clause 24 omits and inserts section 8(2)(b)(ii) of the Professional
Engineers Act 2002. This amendment is of a technical drafting nature to
ensure that the section is consistent with the new simplified co-regulatory
scheme introduced by the Bill.
Amendment of s 10 (When applicant is qualified for
registration)
Clause 25 omits and replaces section 10(1). The new section specifies the
requirements that an applicant for registration needs to satisfy to qualify for
registration in an area of engineering, being qualifications and
competencies provided for under an assessment scheme or as specified in a
regulation.
Clause 25 also makes consequential changes to section 10(2) and omits
section 10(3) which provided for the prescription of assessment entities in a
regulation.
Amendment of s 11 (Fitness to practise as a registered
professional engineer)
Clause 26 inserts a new provision in section 11 which allows the Board, in
deciding whether an applicant is fit to practise, to have regard to whether an
applicant underwent a health assessment as requested or whether the
applicant cooperated with the doctor appointed to conduct the health
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Professional Engineers and Other Legislation Amendment Bill 2008
assessment. Health assessments are provided for in section 35E of the
Professional Engineers Act 2002.
Amendment of s 12 (Deciding application)
Clause 27 amends section 12 of the Professional Engineers Act 2002. This
amendment is of a technical drafting nature to ensure that the section is
consistent with the simplified co-regulatory scheme introduced by the Bill.
Amendment of s 13 (Grant of application)
Clause 28 inserts new sections 13(2) and 13(3) which provide that the
Board may, in granting an application, decide to impose conditions on the
applicant's registration that are reasonable and relevant. 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.
Replacement of s 16 (Meaning of continuing competency
requirements)
Clause 29 omits and replaces section 16. The new section changes the
terminology of what was referred to as `continuing competency
requirements' to be referred to as `continuing registration requirements'.
This creates a more suitable definition which is consistent with current
practice within the engineering profession.
Clause 29 also specifies what the continuing registration requirements may
include and that they are met by applicants complying with either the
continuing registration requirements of the assessment scheme or
complying with the Board's continuing registration requirements for the
relevant area of engineering.
Clause 29 also requires an assessment entity to publish the continuing
registration requirements of each of the entity's assessment schemes on the
entity's website and ensure that the continuing registration requirements of
each of the entity's assessment schemes are readily available to any
registered professional engineer on request.
Clause 29 also provides that the Board must publish its continuing
registration requirements on the Board's website and ensure the
requirements are available for inspection by the public.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 18 (Applying for renewal)
Clause 30 amends section 18(3) of the Professional Engineers Act 2002.
This amendment is of a technical drafting nature to ensure that the section
is consistent with the simplified co-regulatory scheme introduced by the
Bill.
Amendment of s 20 (Deciding application)
Clause 31 amends section 20 to ensure consistency with amendments
relating to continuing registration requirements made by clause 29 of the
Bill.
Amendment of s 21 (Renewal of Registration)
Clause 32 amends section 21 to provide that in renewing an applicant's
registration the Board may impose conditions on the applicant's
registration that are reasonable and relevant. The Board must give the
applicant an information notice about the imposed conditions as soon as
practicable.
Amendment of s 23 (Applying for restoration)
Clause 33 amends section 23(2) of the Professional Engineers Act 2002.
This amendment is of a technical drafting nature to ensure that the section
is consistent with the simplified co-regulatory scheme introduced by the
Bill.
Amendment of s 24 (Deciding application)
Clause 34 amends section 24 to ensure consistency with amendments
relating to continuing registration requirements made by clause 29 of the
Bill.
Amendment of s 25 (Restoration of registration)
Clause 35 amends section 25 by inserting provisions allowing the Board,
in restoring an applicant's registration, to impose conditions on the
registration that are reasonable and relevant. If the Board decides to impose
conditions it must advise the applicant of the decisions as soon as
practicable.
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Professional Engineers and Other Legislation Amendment Bill 2008
Insertion of new pt 2, div 5A
Division 5A Further conditions imposed on
registration
Clause 36 inserts section 27A (Imposition of certain conditions on
registration) which provides that the Board may impose certain conditions
on a registered professional engineer's registration as agreed to by the
registered professional engineer or relating to a health assessor's
recommendation pursuant to section 35G(2)(b). The Board is to give the
professional engineer a warning notice requiring the engineer to return the
engineer's certificate of registration to the Board within 21 days.
Amendment of pt 2, div 6, hdg (Cancellation of registrations)
Clause 37 amends the heading of Part 2, division 6 to make it more
descriptive of the provisions.
Amendment of s 28 (Grounds for cancellation)
Clause 38 amends section 28 by inserting provisions which extend the
grounds for which the Board may cancel a registered professional
engineer's registration. These include introducing a further ground for
cancellation of registration if:
· the registered professional engineer's registration to practise as a
professional engineer under a law of the Commonwealth or
another State or a foreign country has been cancelled under that
law for disciplinary reasons; or
· 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
· the registered professional engineer has contravened a condition
of the engineer's registration imposed under the Professional
Engineers Act 2002; or
· the assessment in a health assessment report given to the Board
under section 35G of the Professional Engineers Act 2002 is that
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Professional Engineers and Other Legislation Amendment Bill 2008
the engineer is currently unable to competently and safely
practise as a registered professional engineer.
Clause 39 inserts clause 29A (Immediate suspension of registration) which
provides that the Board may immediately suspend a registered professional
engineer's registration if the Board requires the engineer to undergo a
health assessment under section 35E and the engineer does not undergo the
health assessment as required or does not cooperate with the doctor
appointed to conduct the assessment.
Amendment of pt 2, div 7, hdg (Offences about registration)
Clause 40 amends the heading of Part 2, division 7 to make it more
descriptive of the provisions.
Clause 41 inserts sections 32A to 32C which require that a registered
professional engineer must:
· advise the Board about any disciplinary action taken against the
engineer in another State or a foreign country in relation to the
engineer's practice as an engineer;
· notify the Board if the engineer is 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; and
· return the engineer's certificate of registration to the Board if
certain conditions are imposed by the Board or the Tribunal. On
receiving the certificate, the Board must amend the certificate
appropriately and return it to the engineer or issue another
certificate of registration to the engineer to replace the certificate
returned to the Board.
Penalties apply for failure to comply with sections 32A to 32C.
Clause 42 inserts section 35C (Information about relevant persons from
assessment entities) which allows the Board to ask an assessment entity for
information, relating to the practice of professional engineering, about an
applicant, a registered engineer applying for renewal and a person applying
for restoration of their registration. If asked by the Board the assessment
entity must give the Board the information requested to which the entity
has access. An assessment entity that, honestly and on reasonable grounds,
gives information to the Board under section 35C is not subject to any
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Professional Engineers and Other Legislation Amendment Bill 2008
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.
Insertion of new pt 2A
Part 2A Health assessments
Clause 43 inserts section 35D (Definitions for pt 2) which provides for
definitions for Part 2A.
Clause 43 inserts section 35E (Health assessment) which provides that, if
the Board reasonably believes a registered professional engineer is unable
to competently and safely practise as a registered professional engineer
because of the engineer's mental or physical health, the Board may require
the subject engineer to undergo a health assessment by a doctor (the health
assessor) appointed by the Board.
Clause 43 inserts section 35F (Appointment of health assessor) which
requires that, before appointing a doctor as a health assessor, the Board
must be satisfied the doctor does not have a personal or professional
connection with the subject engineer that may prejudice the way in which
the doctor conducts the assessment.
Clause 43 inserts section 35G (Health assessment report) which provides
that a health assessor conducting all or part of a health assessment of an
engineer must prepare a health assessment report and give a copy to the
Board and the engineer. The health assessment report must include 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, if required, the health assessor's recommendations as to any
conditions that could be imposed on the engineer's registration to
overcome the inability.
Clause 43 inserts section 35H (Payment for heath assessment and report)
which provides that the Board is liable for the cost of the health assessment
and the preparation of the report. 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 to pay
the Board the amount of the cost of the assessment and of the preparation
of the health assessment report.
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Professional Engineers and Other Legislation Amendment Bill 2008
Clause 43 inserts section 35I (Use of health assessment report) which
specifies how a health assessment report can be used, including that 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. This does not apply to a proceeding under the Professional
Engineers Act 2002 or if the report is produced in a proceeding with the
consent of the health assessor who prepared the report and the registered
professional engineer to whom the report relates.
Amendment of s 36 (Grounds for disciplining a registered
professional engineer)
Clause 44 amends section 36 by inserting sections 36(d) and (e) which
extend the grounds for disciplining a registered professional engineer to
include circumstances where:
· the engineer has contravened an undertaking entered into by the
engineer and the Board pursuant to section 73(2)(b);
· the engineer has contravened a condition of the engineer's
registration.
Amendment of s 73 (Board's decision on investigation about
registered professional engineer)
Clause 45 amends section 73(2) so that, on receipt of an investigation
report about a registered professional engineer, the Board may pursue an
option, and, if not finalised, the Board may later resolve to pursue another
option. For example, the Board may seek to enter an agreed undertaking
with a registered professional engineer, and, if not agreed, pursue an
alternative option.
Clause 45 amends section 73(2)(b) and inserts section 73(2)(d) to further
expand the options for the resolution of disciplinary matters relating to
registered professional engineers.
Clause 45 inserts section 2A which provides that if the engineer does not
comply with an undertaking entered into under section 73(2)(b), the Board
may decide to take another action mentioned in section 73(2).
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 74 (Notice of result of investigation about
registered professional engineer)
Clause 46 amends sections 74. This amendment is of a technical drafting
nature consequential to changes to section 73.
Insertion of new s 74A
Clause 47 inserts section 74A (Publishing of certain decisions on
investigation about registered professional engineer) which permits the
Board to provide details on its website of decisions it makes under section
73(2) of the Professional Engineers Act 2002.
Amendment of s 75 (Board's decision about other
investigations)
Clause 48 omits sections 75(2)(b) and (c) and makes consequential changes
to section 75(2).
Amendment of s 76 (Board to take action as soon as
practicable)
Clause 49 makes consequential amendments to section 76 so that it is
consistent with the amendments made to sections 73 and 75 by clauses 45
and 48 respectively, of this Bill.
Amendment of s 80 (Functions of board)
Clause 50 amends section 80(1)(e)(ii) and 80(2) of the Professional
Engineers Act 2002. This amendment is of a technical drafting nature to
ensure that the section is consistent with the new simplified co-regulatory
scheme introduced by the Bill.
Amendment of s 102 (Keeping register)
Clause 51 inserts new sub-sections 102(3)(e) and (f) which require the
Board to keep a register which includes particulars of the conditions placed
on a person's registration and, in circumstances where the Board cautions
or reprimands a person under section 73(2)(c), the particulars of the caution
or reprimand. Section 102(7) is inserted to define what is a relevant
decision of the Board for section 102.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of section 112A (Definitions for pt 6A)
Clause 52 omits the definitions of area of engineering, assessment entity
and assessment scheme from section 112A on commencement of Part 3 of
the Bill on 1 July 2008. These are defined in Schedule 2 (Dictionary) of the
Professional Engineers Act 2002.
Amendment of section 112B (Suitability of assessment
schemes for approval)
Clause 53 omits section 112B(2) which defines `continuing registration
requirements' for the purposes of section 112B. This is consequential to
the introduction of amended continuing registration requirements from 1
July 2008.
Amendment of section 112C (Application for approval)
Clause 54 amends section 112C(1) to provide that an assessment entity
may apply to the Minister for approval of a proposed assessment scheme
for 1 or more areas of engineering, or proposed areas of engineering, to be
conducted by the entity. This is consequential to the introduction of
registration assessment schemes from 1 July 2008.
Amendment of s 115 (Who may carry out professional
engineering services)
Clause 55 amends section 115(2) and (4) to include a requirement that a
person does not commit an offence if the person carries out professional
engineering services under the direct supervision of a registered
professional engineer who is responsible for the services. A new
subsection 115(5) is inserted which sets out the nature and extent of the
supervision by a registered professional engineer for section 115.
Omission of ss 116 -119
Clause 56 omits sections 116 to 119 as they set out obligations that relate to
professional practice. Requirements of this nature may now be addressed
in the Code of Practice for registered professional engineers made by the
Board.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 122 (Review of particular decisions)
Clause 57 amends section 122 by inserting additional categories of persons
who may apply to the Tribunal to review a decision of the Board. The new
categories include:
· a person whose registration is subject to conditions imposed by
the Board;
· a person whose registration is cancelled under section 29(3);
· a person whose registration is immediately suspended under
section 29A;
· a person who is required to undergo a health assessment under
section 35E;
· a person who, under section 73(2)(c), has been cautioned or
reprimanded; and
· a person who makes a complaint if the Board decides, under
section 73(2)(e), to take no further action about the complaint.
Amendment of s 124 (Stay of operation of decision)
Clause 58 inserts sections 124(b) to (d) which expand the circumstances in
which the Tribunal may order a stay of operation of a decision of the
Board.
Amendment of s 138 (Evidentiary matters)
Clause 59 amends sections 138(f) and (g) of the Professional Engineers
Act 2002. This amendment is of a technical drafting nature to ensure that
the section is consistent with the new simplified co-regulatory scheme
introduced by the Bill.
Amendment of s 141 (Performance and carrying out of
professional engineering services by particular entities)
Clause 60 amends section 141, in similar terms to the amendment of
section 115 in clause 55 of the Bill, to include a reference to direct
supervision by a registered professional engineer of services carried out by
an unregistered person. A new subsection 141(3) is inserted which sets out
the nature and extent of the supervision by a registered professional
engineer for section 141.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 164 (Continuing effect of qualifications under
the repealed Act)
Clause 61 amends section 164(1)(b) of the Professional Engineers Act
2002 and provides for the cessation of this transitional provision from 1
July 2008. This amendment is of a technical drafting nature to ensure that
the section is consistent with the new simplified co-regulatory scheme
introduced by the Bill.
Insertion of new pt 11, div 5
Clause 62 inserts Part 11, division 5 (Transitional provisions for
Professional Engineers and Other Legislation Amendment Act 2008, part
3) of the Professional Engineers Act 2002.
Clause 62 inserts section 168 (Definitions for this division) which sets out
definitions for division 5.
Clause 62 inserts section 169 (Certain applications to be dealt with under
pre-amended Act) which provides for certain applications which are made
to the Board, and not finally dealt with, before the commencement of this
Bill to be dealt with under the pre-amended Act.
Clause 62 inserts section 170 (Continuing registration requirements for
preserved areas of engineering) which provides that, for the purpose of
having continuing registration requirements for preserved areas of
engineering, a reference in section 16 to an area of engineering is taken to
include a reference to a preserved area of engineering.
Clause 62 inserts section 171 (Application of preserved areas of
engineering to certain provisions) which provides that if a registered
professional engineer is registered for a preserved area of engineering, then
the preserved area of engineering for which the engineer is registered is
taken to be the area of engineering for which the engineer is registered for
the purposes of sections 34(2)(b) and 115(3) of the Professional Engineers
Act 2002.
Amendment of sch 2 (Dictionary)
Clause 63 amends schedule 2 of the Professional Engineers Act 2002 by
inserting new definitions.
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Professional Engineers and Other Legislation Amendment Bill 2008
Part 4 Amendment Of Electrical Safety
Act 2002
Act amended in pt 4
Clause 64 provides that Part 4 of the Bill amends the Electrical Safety Act
2002.
Amendment of sch 2 (Dictionary)
Clause 65 makes consequential amendments to Schedule 2 (Dictionary) of
the Electrical Safety Act 2002 including:
· omitting the definition of "Engineers Act" which refers to the
repealed Professional Engineers Act 1988;
· amending the definition of "electrical engineer" to omit
references to "Engineers Act" and replace with reference to the
Professional Engineers Act 2002; and
· amending clause (c) of the definition of "electrical engineer" so
that it applies only to persons who obtained their qualification
prior to the commencement of the Bill. The effect of this
amendment will be that, after the commencement of the Bill, the
only persons able to be admitted to the class of persons within
the definition of "electrical engineer" under the Electrical Safety
Act 2002 will be electrical engineers registered under the
Professional Engineers Act 2002.
Part 5 Amendment To Public Records
Act 2002
Act amended in pt 5
Clause 66 provides that Part 5 amends the Public Records Act 2002.
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Professional Engineers and Other Legislation Amendment Bill 2008
Amendment of s 6 (What is a public record)
Clause 67 amends section 6(1)(a) and (b) of the Public Records Act 2002 as
a consequence of the insertion of section 6(1)(d) which provides that a
public record includes a record of a Parliamentary Secretary.
Clause 67 inserts section 6(1)(d) which provides that a public record
includes a record of a Parliamentary Secretary.
Amendment of s 16 (Meaning of restricted access period)
Clause 68 omits and replaces section 16(1) of the Public Records Act 2002.
This is a consequential amendment to ensure that Parliamentary Secretary
records are treated in the same manner as Ministerial records.
Amendment of sch 2 (Dictionary)
Clause 69 amends Schedule 2 of the Public Records Act 2002 so that:
· The definition of `public authority' includes a `Parliamentary
Secretary'.
· `record of a Parliamentary Secretary' is to mean a record created
or received by a Parliamentary Secretary in the course of carrying
out the Parliamentary Secretary's official duties but does not
include a record related to the Parliamentary Secretary's personal
or party political activities or a record they hold in their capacity
as a member of the Legislative Assembly.
© State of Queensland 2008
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