QLDIn ForceAct
Professional Engineers Act 2002
sec.73Board’s decision on investigation about registered professional engineer
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### sec.73 Board’s decision on investigation about registered professional engineer
This section applies if the board—
prepares a report under section 69 (1) about a registered professional engineer; or
receives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or
receives a further report under section 71 (3) about a registered professional engineer.
As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following—
start a disciplinary proceeding against the registered professional engineer;
For how to start a disciplinary proceeding, see part 8 .
enter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering;
caution or reprimand the registered professional engineer;
impose a condition on the engineer’s registration;
take no further action about the matter the subject of the investigation.
If the engineer does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .
In acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.
Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the registered professional engineer for an offence.
A decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the registered professional engineer.
s 73 amd 2008 No. 14 s 45 ; 2020 No. 24 s 100
(sec.73-ssec.1) This section applies if the board— prepares a report under section 69 (1) about a registered professional engineer; or receives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or receives a further report under section 71 (3) about a registered professional engineer.
(sec.73-ssec.2) As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following— start a disciplinary proceeding against the registered professional engineer; For how to start a disciplinary proceeding, see part 8 . enter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering; caution or reprimand the registered professional engineer; impose a condition on the engineer’s registration; take no further action about the matter the subject of the investigation.
(sec.73-ssec.2A) If the engineer does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .
(sec.73-ssec.3) In acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.
(sec.73-ssec.4) Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the registered professional engineer for an offence.
(sec.73-ssec.5) A decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the registered professional engineer.
- (a) prepares a report under section 69 (1) about a registered professional engineer; or
- (b) receives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or
- (c) receives a further report under section 71 (3) about a registered professional engineer.
- (a) start a disciplinary proceeding against the registered professional engineer; Note— For how to start a disciplinary proceeding, see part 8 .
- (b) enter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering;
- (c) caution or reprimand the registered professional engineer;
- (d) impose a condition on the engineer’s registration;
- (e) take no further action about the matter the subject of the investigation.