18 Jun BPEQ v Q
This case was a prosecution by the Board of Professional Engineers of Queensland (Board) against an unregistered person (de-identified as Q) in the Magistrates Court of Queensland (Court).
The Board alleged that Q, in breach of section 115 of the Professional Engineers Act 2002 (Act), carried out professional engineering services when not, at that time a Registered Professional Engineer of Queensland (RPEQ).
The Board further alleged that Q, in breach of section 114 of the Act, used the title ‘RPEQ’ when not at that time a RPEQ.
Q was a qualified engineer in Queensland and was a RPEQ from 1991 and 1999, after which the registration lapsed and was not renewed.
Conduct of Q
Q also sent a number of emails to the principal of the development in which Q used the title ‘RPEQ’ followed by Q’s previous RPEQ number after the name. At the time Q sent the emails Q was not a RPEQ.
Q carried out the following professional engineering services:
- revising designs previously submitted for development approval;
- drawing sketches and providing measurements for amendments to the designs;
- providing advice as to design changes to the scope of the project;
- directing what needed to be re-assessed, re-designed and re-submitted for the purposes of the project; and
- meeting with consultants, including a town planner, builder, surveyor, hydraulics consultant and a geotechnical engineer, to convey information about the redesigns and revisions to the project.
Q also sent a number of emails to the principal of the development in which Q used the title “RPEQ” followed by Q’s previous RPEQ number after the name. At the time Q sent the emails Q was not an RPEQ.
Consequences for Q
The Court took into account that Q had admitted the charges. The Court also considered the need to deter the commission of future similar offences and to ensure that professionals bound by the Act comply strictly with its terms.
The Court found Q guilty of the offences, imposed a monetary penalty, and ordered Q to pay the Board’s costs.