sec.11Fitness to practise as a registered professional engineer

### sec.11 Fitness to practise as a registered professional engineer In deciding whether an applicant for registration is fit to practise as a registered professional engineer, the board may have regard to each of the following— whether the applicant has a conviction, other than a spent conviction, for— an indictable offence; or an offence against this Act or the repealed Act; or another offence, relating to the practice of engineering, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; if the applicant has been registered under this Act or the repealed Act, or registered to practise as a professional engineer under a law applying, or that applied, in the Commonwealth, another State or a foreign country and the registration was suspended or cancelled—the reason for its suspension or cancellation; if the applicant has been a member of an association of professional engineers, whether in Australia or a foreign country, and the membership was suspended or cancelled—the reason for its suspension or cancellation; an order about the applicant made under section 131 or 132 of this Act or section 60 of the repealed Act; a proceeding taken against the applicant for a matter mentioned in section 36 under a law applying, or that applied, in the Commonwealth, another State or a foreign country; whether the applicant— is affected by bankruptcy action; or is an executive officer of a corporation affected by control action after the commencement of this section; if the applicant was required to undergo a health assessment— whether the applicant complied with the requirement; and whether the applicant cooperated with the medical practitioner appointed to perform the assessment; whether a health assessment report for the applicant states that the applicant is unable to competently and safely practise as a professional engineer; whether the board reasonably believes a materially false or misleading representation or document is included in the application; any other issue relevant to the applicant’s ability to competently practise as a registered professional engineer, including, for example, the applicant’s mental or physical health. s 11 amd 2008 No. 14 s 26 ; 2020 No. 24 s 86 - (a) whether the applicant has a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) an offence against this Act or the repealed Act; or (iii) another offence, relating to the practice of engineering, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; - (i) an indictable offence; or - (ii) an offence against this Act or the repealed Act; or - (iii) another offence, relating to the practice of engineering, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; - (b) if the applicant has been registered under this Act or the repealed Act, or registered to practise as a professional engineer under a law applying, or that applied, in the Commonwealth, another State or a foreign country and the registration was suspended or cancelled—the reason for its suspension or cancellation; - (c) if the applicant has been a member of an association of professional engineers, whether in Australia or a foreign country, and the membership was suspended or cancelled—the reason for its suspension or cancellation; - (d) an order about the applicant made under section 131 or 132 of this Act or section 60 of the repealed Act; - (e) a proceeding taken against the applicant for a matter mentioned in section 36 under a law applying, or that applied, in the Commonwealth, another State or a foreign country; - (f) whether the applicant— (i) is affected by bankruptcy action; or (ii) is an executive officer of a corporation affected by control action after the commencement of this section; - (i) is affected by bankruptcy action; or - (ii) is an executive officer of a corporation affected by control action after the commencement of this section; - (g) if the applicant was required to undergo a health assessment— (i) whether the applicant complied with the requirement; and (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment; - (i) whether the applicant complied with the requirement; and - (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment; - (h) whether a health assessment report for the applicant states that the applicant is unable to competently and safely practise as a professional engineer; - (i) whether the board reasonably believes a materially false or misleading representation or document is included in the application; - (j) any other issue relevant to the applicant’s ability to competently practise as a registered professional engineer, including, for example, the applicant’s mental or physical health. - (i) an indictable offence; or - (ii) an offence against this Act or the repealed Act; or - (iii) another offence, relating to the practice of engineering, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country; - (i) is affected by bankruptcy action; or - (ii) is an executive officer of a corporation affected by control action after the commencement of this section; - (i) whether the applicant complied with the requirement; and - (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment;