Gardner and Board of Professional Engineers of Queensland

This matter concerned an application by an engineer seeking registration in Queensland as a Registered Professional Engineer (RPEQ) in the category of Fire Safety, by way of mutual recognition from New South Wales. The applicant held accreditation as a C10 – Accredited Certifier – Fire Safety Engineering Compliance in New South Wales. The Board of Professional Engineers of Queensland had refused the application. The Tribunal was required to determine whether the Mutual Recognition Act 1992 (Cth) applied, and if so, whether the applicant's New South Wales accreditation was an equivalent occupation to the Queensland RPEQ registration for fire safety. If not deemed equivalent, the Tribunal also had to consider if equivalence could be achieved through the imposition of conditions.

The Tribunal considered the provisions of the Mutual Recognition Act and the relevant Queensland legislation, specifically the Certifiers Regulations and the Professional Engineers Act 2002 (Qld). The applicant provided evidence of his qualifications and experience, including details of the New South Wales accreditation scheme and a report on fire safety engineering education. The Tribunal noted that the New South Wales accreditation scheme for C10 certifiers required knowledge and skills consistent with those set out in the Queensland Certifier Regulations for a Certifier – fire safety.

The Tribunal found that the occupation of a C10 – Certifier in Fire Safety Engineering Compliance in New South Wales could be considered equivalent to the occupation of a Certifier – fire safety in Queensland, particularly given the grandfathering provisions within the Certifiers Regulations which recognised prior accreditation. Applying the principles of mutual recognition, the Tribunal concluded that the applicant should be registered as an RPEQ in Fire Safety in Queensland. However, this registration was to be subject to a condition limiting the scope of practice to the provision of professional engineering services relating to buildings. The Tribunal set aside the original decision and ordered the applicant's registration with this condition.