18 Jun BPEQ v H
This case was a prosecution by the Board of Professional Engineers of Queensland (Board) against an unregistered person (deidentified as H) in the Magistrates Court of Queensland (Court).
The charge against H alleged that H carried out professional engineering services when not a Registered Professional Engineer of Queensland (RPEQ), in contravention of section 115(1) of the Professional Engineers Act 2002 (Act).
H had been registered as a RPEQ under the Act since 2000. However H’s registration as a RPEQ had expired.
H did not make an application to renew the registration with the Board, and as such H was not registered as a RPEQ at the time H undertook the work about which the complaint was made.
Conduct of H
H carried out professional engineering services in relation to a project at a sports centre. H was engaged as the lead mechanical engineer and team leader on the project. As part of those duties, H issued a Form 15 Compliance Certificate for Building Design or Specification (Form 15) in relation to the air conditioning systems and the ventilation systems for the project.
During the time H was carrying out professional engineering services H was not registered as a RPEQ.
H stated that H did not receive any of the correspondence sent by the Board regarding registration. When it was brought to H’s attention that H’s registration as a RPEQ had expired, H immediately contacted the relevant council to make arrangements to withdraw the Form 15 H had issued.
H pleaded guilty to the charge of carrying out professional engineering services while not registered as a RPEQ and expressed regret that H had not been aware that H’s registration was not current.
What the Court Said
The Court accepted H’s admission of guilt, and was satisfied that H had carried out professional engineering services when not registered as a RPEQ.
In determining the appropriate penalty the Court took into account a number of factors, including that H fully cooperated with investigation, made full admissions and demonstrated immediate action upon learning H’s was not in fact registered with the Board.
Consequences for H
Taking the circumstances of the conduct into consideration, the Court found H guilty of the offence and ordered that H pay a monetary penalty and the Board’s costs.