Victoria Considering Bill to Create Scheme for Registration of Professional Engineers
Friday 4 May 2018 @ 10.52 a.m. | Legal Research
The Victorian Government introduced the Engineers Registration Bill 2018 (Vic) (‘the Bill’) in the Legislative Assembly on 6 March 2018. The Bill has passed the House of Assembly and was introduced in the Legislative Council on 1 May 2018. This Bill is for the purpose of establishing a scheme for the registration of professional engineers.
The Proposed Scheme
The main elements of the scheme are for the purpose of promoting professional development within the engineering profession. The aims, as stated in the Bill’s associated Explanatory Memorandum are:
- "engineers who work in a certain areas of engineering will be required to be registered, unless they work under the direct supervision of a registered engineer, or the work is in accordance with a prescriptive standard;
- the Business Licensing Authority (BLA) will register applicants if satisfied the applicants meet certain eligibility requirements, including that the applicant meets certain qualification and experience requirements set out in an assessment scheme. The assessment of qualifications and experience will be carried out by assessment entities;
- engineers who are engaged in the building industry and who wish to perform certain functions under the Building Act 1993 will be required to hold an endorsement, which will be recommended by the Victorian Building Authority (VBA) after a consideration of whether the applicant is a fit and proper person to hold the endorsement;
- the BLA will approve assessment entities to assess the qualifications and experience of applicants for registration;
- where a registered engineer has an endorsement, the VBA will rely on disciplinary and entry powers under the Building Act 1993 in relation to the endorsement; and
- in other cases, the Director of Consumer Affairs Victoria (CAV) will be the lead regulator and rely on entry powers in the Bill, along with applied provisions of the Australian Consumer Law and Fair Trading Act 2012. Disciplinary proceedings will generally be conducted by the Victorian Civil and Administrative Tribunal (VCAT) on application by the Director of CAV (the Director)."
In his second reading speech, Treasurer Tim Pallas stated that the scheme was part of the state government’s plan for infrastructure:
On the proposed registration scheme, he stated:
Mr Pallas also noted that the Bill provided for a new disciplinary system by two regulators:
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Engineers Registration Bill 2018 (Vic), and associated second reading speech and explanatory memorandum, as published on TimeBase LawOne.