Professional Engineers Registration Act 2019

to promote best practice in providing professional engineering services; and

to ensure that professional engineering services are provided only by suitably qualified and experienced engineers; and

to provide for the endorsement of registration authorising a registered professional engineer to be engaged in the building industry; and

to provide appropriate protection to consumers of professional engineering services provided by registered professional engineers; and

to make consequential amendments to other Acts.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act has not come into operation by 1 July 2021, it comes into operation on that day.

In this Act—

for carrying out a design, or a construction or production activity, relating to engineering; and

the application of which, to the carrying out of the design, or the construction or production activity, does not require advanced scientifically based calculations;

to a design relating to engineering; or

to a construction, production, operation or maintenance activity relating to engineering—

conduct that is of a lesser standard than that which might reasonably be expected of the registered professional engineer by the public or by the engineer's professional peers;

conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgement or care, in the practice of engineering;

misconduct in a professional respect;

fraudulent or dishonest behaviour in the practice of engineering;

other improper or unethical conduct;

In determining whether or not a document is a prescriptive standard, regard may be had to any practice notes prepared and published by the Director.

In this Act, area of engineering means any of the following—

structural engineering;

civil engineering;

mechanical engineering;

electrical engineering;

fire safety engineering;

any other prescribed area of engineering.

The Business Licensing Authority must publish the areas of engineering on the Internet.

to determine applications for registration and endorsement and renewals of registration and endorsement; and

to refer certain applications for endorsement of registration to the Victorian Building Authority for report; and

to approve assessment entities and assessment schemes; and

to liaise with and assist the Director and the Victorian Building Authority in carrying out their functions in relation to this Act; and

to refer relevant matters for investigation by the Director or any other relevant body; and

any other function conferred on the Business Licensing Authority by or under this Act, the regulations or any other Act or regulations.

to liaise with and assist the Business Licensing Authority and the Victorian Building Authority in carrying out their functions in relation to this Act; and

to monitor compliance with, and investigate and prosecute alleged contraventions of, this Act; and

to refer registered professional engineers to VCAT for disciplinary action; and

to refer to other bodies for investigation, if appropriate, any allegation, complaint or information in relation to registered professional engineers; and

any other function conferred on the Director by or under this Act, the regulations or any other Act or regulations.

to provide reports in relation to applications for endorsement; and

to liaise with and assist the Business Licensing Authority and the Director in carrying out their functions in relation to this Act; and

any other function conferred on the Victorian Building Authority by or under this Act, the regulations or any other Act or regulations.

The Director, by instrument, may delegate any of the Director's functions or powers under this Act to either or both of the following—

a person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998;

a person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

The Victorian Building Authority, by instrument, may delegate any of its functions or powers under this Act to any person.

A natural person may apply to the Business Licensing Authority to be registered as a professional engineer.

The application must—

be in a form approved by the Business Licensing Authority; and

state each area of engineering for which registration is sought; and

state whether the applicant is seeking registration as a practising or non-practising professional engineer; and

be accompanied by the prescribed information; and

be accompanied by—

the prescribed application fee; and

the prescribed registration fee.

A natural person who has applied for registration under section 10, or is registered under section 12, may apply to the Business Licensing Authority for an endorsement of the registration authorising the person to practise as a registered professional engineer who is engaged in the building industry.

The application must—

be in a form approved by the Business Licensing Authority; and

be accompanied by the prescribed information; and

be accompanied by the prescribed endorsement application fee.

The application may be made at the same time as, or after, an application under section 10.

The Business Licensing Authority must pay any endorsement application fees received under this section into the Building account.

The Business Licensing Authority must register an applicant in an area of engineering applied for if—

it is satisfied that the applicant is eligible for registration in that area; and

the prescribed application fee and prescribed registration fee have been paid.

In determining whether an applicant is eligible for registration, the Business Licensing Authority must be satisfied of the following—

that the applicant is not subject to disqualification or cancellation of registration as a professional engineer in Victoria, or another State or a Territory;

that the applicant is not a represented person within the meaning of the Guardianship and Administration Act 1986;

that the applicant has complied with any other prescribed requirement.

For the purposes of satisfying itself of the matters referred to in subsection (2)(a), the Business Licensing Authority must have regard to a report from an assessment entity that administers an approved assessment scheme under this Act or the regulations.

Despite subsection (1), the Business Licensing Authority may refuse to register an applicant if it is satisfied that the applicant is not a fit and proper person to provide professional engineering services in an area of engineering.

In determining whether an applicant is eligible for registration or is a fit and proper person, the Business Licensing Authority may make any inquiries that the Business Licensing Authority considers to be appropriate to enable the proper consideration of the application.

The Business Licensing Authority may register an applicant as a practising or non-practising professional engineer.