Legal Update - RPEQ reprimanded following certification and inspection failures

RPEQ reprimanded following certification and inspection failures

A Registered Professional Engineer of Queensland (RPEQ) has recently been reprimanded by the Board.

What happened?

The Board received a complaint concerning the engineering design and inspections of a newly constructed house.

The allegations related to the certification of the building frame inspection and other aspects, despite the frame not being completed to the required engineering standards and not in accordance with the approved building plans.

What the law says:

Section 36 of theProfessional Engineers Act 2002 (Qld) (Act) sets out the grounds for disciplining a registered professional engineer, including, relevantly, that the registered professional engineer has behaved in a way that constitutes unsatisfactory professional conduct

Unsatisfactory professional conduct,for a registered professional engineer, is defined in Schedule 2 of the Act, to include:

• Conduct that is of a lesser standard than that which might reasonably be expected of the registered professional engineer by the public or the engineer’s professional peers

• Conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment 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.

What did the Board consider?

The Board conducted an investigation into this matter and determined: 

• The RPEQ was providing professional engineering services when issuing certification reports at the property.

• There was sufficient evidence to support a finding of unsatisfactory professional conduct.

What did the investigation find?

The Board determined that there was sufficient evidence to support a finding of unsatisfactory professional conduct and issued a reprimand.

Why this matters

The community relies on engineers to provide accurate certification, particularly where safety and building integrity are involved. When certification is inaccurate, it can place people and property at risk.

Lessons for RPEQs:

RPEQs should:

• ensure all certifications are based on adequate inspections, verification and completed works;

• maintain appropriate professional oversight of inspection and certification processes.

• ensure certification accurately reflects the condition and compliance status of works at the time of certification is issued; and

• exercise appropriate professional skill, judgment and care when providing professional engineering services.