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The purpose of this Act is to establish a scheme for the registration of professional engineers—
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—
assessment entity, for an assessment scheme that has been approved under Part 3, means the entity administering the scheme;
assessment scheme means a scheme approved under Part 3;
Building account has the same meaning as it has in the Building Act 1993;
Business Licensing Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;
Director means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004;
endorsed building engineer means a registered professional engineer whose registration is endorsed under Part 2;
endorsement means an endorsement under Part 2 authorising a registered professional engineer to engage in the building industry;
identity card, in relation to an inspector, means the identification issued to the inspector under section 143 of the Australian Consumer Law and Fair Trading Act 2012;
inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
Licensing Registrar means the Registrar of the Business Licensing Authority appointed under the Business Licensing Authority Act 1998;
non-practising professional engineer means a registered professional engineer who does not carry out, and is not responsible for the carrying out of, professional engineering services;
officer, in relation to a body corporate, has the same meaning as officer of a corporation has in section 9 of the Corporations Act;
practising professional engineer means a registered professional engineer who carries out, or is responsible for the carrying out of, professional engineering services;
prescriptive standard means a document that states procedures or criteria—
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;
professional engineering service means an engineering service that requires, or is based on, the application of engineering principles and data—
to a design relating to engineering; or
to a construction, production, operation or maintenance activity relating to engineering—
other than an engineering service that is provided only in accordance with a prescriptive standard;
Register means the Register established under section 28;
registered professional engineer means a person who is registered under Part 2;
suitable for approval, in relation to an assessment scheme, means an assessment scheme that complies with the requirements of section 34;
unsatisfactory professional conduct, for a registered professional engineer, includes the following—
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;
Victorian Building Authority means the Victorian Building Authority established under the Building Act 1993.
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.
This Act applies within and outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.
The functions of the Business Licensing Authority under this Act are—
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.
The functions of the Director under this Act are—
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.
The functions of the Victorian Building Authority under this Act are—
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—
(a) that the applicant has the required qualifications and experience relevant to each area of engineering for which the applicant has applied, as prescribed or provided for in an assessment scheme (as the case may be);
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.