Publishing Information on the Website

POLICY ID 2.05

Version 1 (March 2021)

BOARD OF PROFESSIONAL ENGINEERS OF QUEENSLAND

The Board of Professional Engineers of Queensland (Board) is a statutory body established under the Professional Engineers Act 2002 (Act), to uphold the standards of practice through regulating the engineering profession in Queensland.

PURPOSE

The purpose of this policy is to establish a uniform practice for the publication of decisions and information about Registered Professional Engineers of Queensland (RPEQ) and persons other than RPEQs found guilty of an offence.

This policy addresses the following specific matters:

• When the Board may publish decisions and information;
• Which decisions and what information the Board may publish;
• How the Board will decide which decisions and what information is published; and
• When the published information may be removed from the Board’s website.

POLICY STATEMENT

Pursuant to the Act, the Board may record (in its register) and/or publish (on its website) certain decisions and information about RPEQs and persons other than RPEQs found guilty of an offence.

The Board will only publish decisions and information about RPEQs and persons other than RPEQs found guilty of an offence as authorised by the Act or otherwise permitted by the Information Privacy Principles in schedule 3 of the Information Privacy Act 2009.

The Board will exercise its discretion to publish decisions and information having regard to:

• the nature of the decision or information;
• whether it is in the public interest to publish the decision or information;
• the main objects of the Act; and/or
• any other matter the Board considers relevant to the particular circumstance.

BACKGROUND

The Act permits publication on the Board’s website in the following circumstances:

1. If the Board decides:
   1. to caution or reprimand a RPEQ under section 73(2)(c) of the Act; or
   2. to impose a condition on a RPEQs registration under section 73(2)(d) of the Act,

then the Board may notify the decision, and reasons for the decision, on the board’s website on the internet. The Board must not act under section 74A(2) of the Act until the particulars of the decision are included in the register under section 102 of the Act.[1]

2. If the Queensland Civil and Administrative Tribunal (QCAT) makes an order about a RPEQ under section 131(2), (3) or section 132(2)(b) of the Act, the Board may publish details of the order, other than any details identified in the order that are not to be included in the register.[2]
3. If the QCAT conducts a disciplinary proceeding in relation to the person because of the person’s conviction for an offence against the Act, the Board may publish the details of the conviction.[3]
4. If a person other than a RPEQ is found guilty of an offence against Part 7 of the Act, whether or not a conviction is recorded, then the Board may, during the relevant period, publish the information about the offence on the board’s website on the internet. NB: If the finding of guilt is quashed on appeal, then the Board must remove any reference to the offence from the website.[4]

The Act permits recording information on the Board’s register in the following circumstances:

5. If:
   1. the Board makes a decision about a person under section 75 of the Act; and
   2. the person later becomes a RPEQ,

then the Board may include in the register particulars of its decision with other particulars relevant to the person’s registration.[5]

PUBLISHING OF INFORMATION

What information the Board may publish

If a publication is permitted under section 74A of the Act, then the Board may notify the decision, and the reasons for the decision, on the Board’s website on the internet.

If a publication is permitted under section 75B of the Act, then the Board may publish the following information only:

1. the person’s full name and any other identifying particulars;
2. the person’s business address or former business address;
3. particulars of the offence committed by the person;
4. any other particulars prescribed by regulation.

If a publication is permitted under section 75A of the Act, then the Board may include in the register particulars of its decision with other particulars relevant to the person’s registration.

Removing published information

Generally the published information on the website shall be removed in the following circumstances:

1. if the Board issues a notice to caution an RPEQ under s73(2)(c) of the Act, the caution will be removed 5 years after the date of the caution;
2. if the Board issues a notice to reprimand an RPEQ under s73(2)(c) of the Act, the reprimand will be removed 7 years after the date of the reprimand; or
3. if the QCAT makes an order under s131(2) of the Act, the order will be removed 7 years after the date of the order.

If information is published under s75B of the Act, the information shall be removed 5 years after the finding of guilt is made.[6]

If an order made by the QCAT under s102(3)(c) of the Act states a period in which details of the order may be published, the details may only be published for the stated period.[7]

Information available on the website

The information available on the website regarding RPEQs does not contain all of the information held in the register.

It is important to understand that the search facility on the Board’s website is limited to RPEQs who are currently registered. This list does not contain all of the information held in the Register by the Board in accordance with Section 102 of the Act.

Members of the public can review the Register at the Board’s office free of charge during ordinary office hours in accordance with Section 103 of the Act. The information available on the website may not contain details of cautions, reprimands or orders that have been removed in accordance with this policy.

REFERENCES

Related legislation:

• Professional Engineers Act 2002
• Information Privacy Act 2009

[1] Professional Engineers Act 2002 (Qld) s 74A.

[2] Professional Engineers Act 2002 (Qld) s102(3)(c)

[3] Professional Engineers Act 2002 (Qld) s102(3)(d)

[4] Professional Engineers Act 2002 (Qld) s 75B.

[5] Professional Engineers Act 2002 (Qld) s 75A.

[6] Professional Engineers Act 2002 (Qld) s 75B(5).

[7] Professional Engineers Act 2002 (Qld) s 102(4)

DEFINITIONS