‘Areas of engineering’ vs ‘Areas of competence’

‘Areas of engineering’ are established under an ‘assessment scheme’ or prescribed under a regulation.
In total, there are currently 26 ‘areas of engineering’. Of these, 24 are established under an ‘assessment scheme and one (1) (aeronautical engineering) is prescribed under regulation. A full list of ‘areas of engineering’ and the responsible ‘assessment entities’ is available on the BPEQ website.

Under the PE Act, it is an offence for a practicing RPEQ to carry out professional engineering services in an area of engineering for which they are not registered. The seriousness of the offence is reflected by the significant maximum penalty of 1,000 penalty units (the value of a penalty unit for most offences under state legislation will be $137.85).

This means that to carry out professional engineering services in a particular area of engineering, you must be a practicing RPEQ who is registered in that particular area of engineering.

The details of each practicing RPEQ’s area/s of engineering can be readily identified as they are listed on the register on the BPEQ website.

The issue of whether a particular professional engineering service falls within in a particular area of engineering can be simple. However, it some cases it may require consideration of the relevant assessment scheme or regulation, for that particular area. This may require consultation, by the practitioner, with the responsible assessment entity.

In addition to being registered in a particular area of engineering, a practicing RPEQ must be competent in that specific area when undertaking the professional engineering service.

The requirement for specific competence is a disciplinary requirement.

The ‘Code of Practice for Registered Professional Engineers’ requires that practicing RPEQs work within their area of competence and not misrepresent competence.

Section 3.5 of the Code of Practice states:

A registered professional engineer must:

1. 1. undertake professional engineering services only within their area of competence;
   2. not misrepresent their competence;
   3. not knowingly permit those whose work they are responsible for to breach paragraph (a) or paragraph (b).
   4. recognise where other professional advice is required and either seek it or recommend to an employer and/or client to seek such expert advice in appropriate areas. (underline added)

Incompetence may constitute ‘unsatisfactory professional conduct’ and, among other things, lead to formal disciplinary action under the PE Act.

The PE Act defines ‘unsatisfactory professional conduct’ as including:

1. 1. 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;
   2. conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgement or care, in the practice of engineering;
   3. fraudulent or dishonest behaviour in the practice of engineering;
   4. misconduct in a professional respect;
   5. other improper or unethical conduct. (underline added)

It is incumbent on practicing RPEQs to satisfy themselves, in the context of their legislative and professional obligations, that they are competent in a particular area. This will often involve an element of professional judgement by the practitioner.

The Code of Practice provides useful guidance to practitioners in exercising this judgement. Section 3.5 provides that examples of competence in an area of practice include –

• formal training in that area;
• any previous experience or exposure in the type of work that has been supervised by a registered professional engineer;
• consultation with or reference to a person competent in the area to supervise the task;
• activities considered to meet competence and ongoing continuing professional development (CPD) requirements of the assessment entities.