Professional Engineers Act 2023

For this part, suitability information, about an individual, means the following information about the individual:

any conviction or finding of guilt for an offence—

that is an indictable offence under a law of the ACT or the Commonwealth; or

for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT; or

under a relevant law;

Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

any civil proceeding against the individual in a court or tribunal of the ACT, the Commonwealth, a State or the Northern Territory that relates to—

the individual’s carrying out of a professional engineering service; or

the individual’s undertaking of an activity related to a professional engineering service; or

a registration under this Act or a relevant law;

any noncompliance with this Act;

any noncompliance with an order made by a court or tribunal under a relevant law;

any refusal of an application for registration (however described) under this Act or a relevant law;

any regulatory action (however described) taken, or proposed to be taken, under this Act or a relevant law;

if the individual’s registration under this Act or a relevant law has been suspended or cancelled as a result of regulatory action (however described)—the reason for the suspension or cancellation;

any noncompliance with a requirement imposed on the individual as a result of regulatory action (however described) under this Act or a relevant law;

whether the individual is or has been bankrupt or personally insolvent;

whether a corporation has been placed into administration, receivership or liquidation when the individual was an executive officer of the corporation;

anything else prescribed by regulation.