Board of Professional Engineers of Queensland v Hart

The Board of Professional Engineers of Queensland took disciplinary action against Mr Hart, a registered professional engineer, alleging that his conduct was unsatisfactory. The dispute centred around Mr Hart's involvement in the creation of a computer program that generated designs for steel buildings, which bore his name and signature, indicating he was the designer. However, the program was inadequately designed, lacking sufficient checks to prevent unauthorized alterations of inputs, which could result in the production of structurally unsound designs. This resulted in a building being constructed that was unsafe and subsequently had to be demolished. Mr Hart admitted to engaging in unsatisfactory professional conduct.

The primary legal issue before the court was whether Mr Hart's actions constituted unsatisfactory professional conduct under the Engineers Australia Registration Board's Code of Professional Conduct. The court needed to assess whether Mr Hart's involvement in the creation and use of the computer program, which could potentially generate unsafe designs, met the threshold for disciplinary action. This required an examination of the adequacy of the program's design and Mr Hart's oversight or responsibility for its deficiencies.

The court found that Mr Hart's conduct was indeed unsatisfactory. It held that by engaging in the creation of a computer program that could produce designs without adequate checks, Mr Hart had failed to uphold the standards of professional conduct expected of a registered engineer. The court emphasized the importance of ensuring that designs produced by such programs are safe and reliable, and that Mr Hart's program fell short in this regard. Consequently, the court imposed a reprimand, a penalty of $15,000, and ordered Mr Hart to pay the Board's costs, all to be paid in instalments. Additionally, Mr Hart was required to attend a continuing professional education seminar. If any payments remained unpaid for ten days beyond their due date, his registration would be suspended for three years.