13Professional misconduct

#### 13 Professional misconduct 13 Professional misconduct > > (1) The Board may take any one or more of the following kinds of action against a registered surveyor who is guilty of professional misconduct— > > > > > (a) it may administer a caution to the surveyor, > > > > > (b) it may impose conditions on the surveyor’s registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision, > > > > > (c) it may order the surveyor to take specified steps to correct or complete any survey in respect of which the misconduct has occurred, > > > > > (d) it may order the surveyor to pay compensation, totalling not more than $10,000, to any person towards any loss or damage suffered by that person as a consequence of the misconduct, > > > > > (e) it may order the surveyor to pay a penalty to the Board of not more than $10,000, > > > > > (f) it may suspend the surveyor’s registration for a period of not more than 5 years, > > > > > (g) it may cancel the surveyor’s registration. > > > (2) Action is not to be taken under this section unless the Board— > > > > > (a) has caused notice of the proposed action to be given to the registered surveyor, and > > > > > (b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and > > > > > (c) has taken any such submissions into consideration. > > > (3) An order for compensation referred to in subsection (1) (d) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > > (4) In this section, professional misconduct, in relation to a registered surveyor, means— > > > > > (a) any contravention of the conditions of the surveyor’s registration, or > > > > > (b) any failure to comply with the standards imposed by this Act or the regulations with respect to the carrying out of surveys, or > > > > > (c) any failure to comply with an order referred to in subsection (1) (c), (d) or (e), or > > > > > (c1) any failure to comply with a notice under section 9A, or > > > > > (d) any failure to comply with the requirements of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), or > > > > > (e) any contravention of this Act or the regulations, or > > > > > (f) any contravention of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054) with respect to the conduct of surveys, or > > > > > (g) any act or omission that demonstrates that the surveyor is not a fit and proper person to be registered as a surveyor, or > > > > > (h) any act or omission that the regulations declare to be professional misconduct for the purposes of this Act. > > **s 13:** Am 2002 No 129, Sch 2.16; 2004 No 74, Sch 4.11; 2005 No 53, Sch 1 \[6\]; 2006 No 120, Sch 2.98; 2007 No 94, Sch 2; 2013 No 54, Sch 3.13 \[3\]; 2015 No 43, Sch 4.12.