Licensed Surveyors (Licensing and Registration) Amendment Regulations 2024 (WA)
Western Australia
Licensed Surveyors Act 1909
Western Australia
Licensed Surveyors Act 1909
Made by the Land Surveyors Licensing Board with the approval of the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) regulation 11 — on 1 January 2025;
(c) the rest of the regulations — on 1 November 2024.
These regulations amend the
Before regulation 1 insert:
After regulation 3 insert:
After regulation 9 insert:
After regulation 13 insert:
Delete regulations 18B and 18C and insert:
(1) An application for the issue or renewal of a practising certificate must be accompanied by —
(a) the evidence referred to in regulation 18I; and
(b) the relevant fee specified in Schedule 1 item 8 or 9.
(2) An application for the issue of a practising certificate must be in the form of Form 6.
(3) An application for the renewal of a practising certificate must be accompanied by evidence that the requirements, if any, of section 11B of the Act in relation to the application have been complied with.
In regulation 18D delete “issued or renewed under section 11A of the Act shall” and insert:
must
After regulation 18E insert:
In this Part —
(1) A
complying policy that covers a person is a policy of professional indemnity insurance that complies with this regulation.(2) The insurance must indemnify the person against civil liability, including civil liability arising as a result of professional negligence, incurred in connection with the person practising as a licensed surveyor.
(3) The insurance must cover —
(a) claims made or notified during the period of insurance; and
(b) claims made after the period of insurance arising from circumstances notified during the period of insurance.
(4) The insurance must provide minimum coverage of $2 million for each claim under the insurance, inclusive of the claimant’s costs and defence costs.
(5) In addition to subregulation (4), the insurance must provide coverage that is appropriate to manage the risk associated with the person’s practice as a licensed surveyor during the period of insurance, taking into account the value of the work undertaken in the course of that practice.
(1) In this regulation —
(2) If a person is covered by a complying policy, it does not matter whether the policy is held by —
(a) the person; or
(b) the person’s employer.
(3) However, a valid certificate of currency required to be given to the Board under regulation 18I or 18L must, if the complying policy is held by the employer of the person covered by the policy, be accompanied by written confirmation from the employer that the person is covered by the policy.
(1) An application for the issue or renewal of a practising certificate must be accompanied by evidence that the applicant will be covered by a complying policy for the whole period during which the certificate will be in force.
(2) The evidence must be of a kind described in subregulation (3) or (4).
(3) The evidence may be a valid certificate of currency for a complying policy that covers the applicant for the whole period during which the practising certificate will be in force.
(4) Alternatively, the evidence may be —
(a) a valid certificate of currency for a complying policy that —
(i) covers the applicant at the time of application, or will cover the applicant at the start of the period during which the practising certificate will be in force; but
(ii) is due to expire when the practising certificate is in force;
and
(b) an undertaking by the applicant to ensure the applicant is covered by a complying policy for the whole period during which the practising certificate will be in force.
(5) The Board must not issue or renew a practising certificate unless the Board reasonably believes, having regard to the evidence accompanying the application, that the applicant will be covered by a complying policy for the whole period during which the certificate will be in force.
At the end of Part 5 (as inserted by regulation 10 of these regulations) insert:
A licensed surveyor must not make or attempt to make an authorised survey unless the licensed surveyor is covered by a complying policy.
Penalty: a fine of $1 000.
Note for this regulation:
In addition to this regulation, a person must not make an authorised survey unless the person is a licensed surveyor and the holder of a practising certificate. See section 16(3a) and (4) of the Act.
The holder of a practising certificate must give the Board written notice if the holder is not covered by a complying policy.
Penalty: a fine of $1 000.
(1) The Board may, by written order to the holder of a practising certificate, require the holder to give the Board, within the period specified in the order —
(a) written notice of whether the holder is covered by a complying policy; and
(b) if the written notice states that the holder is covered by a complying policy — a valid certificate of currency for the policy.
(2) The holder must comply with the order.
Penalty for this subregulation: a fine of $1 000.
(1) The Board must suspend a practising certificate if the Board reasonably believes the holder of the certificate is not covered by a complying policy.
(2) Without limiting subregulation (1), the Board may reasonably believe the holder of a practising certificate is not covered by a complying policy if the holder —
(a) gives the Board written notice that the holder is not covered by a complying policy; or
(b) in response to an order requiring the holder to give the Board written notice of whether the holder is covered by a complying policy —
(i) gives the Board written notice that the holder is covered by a complying policy; but
(ii) does not give the Board a valid certificate of currency for the policy;
or
(c) does not comply in any other way with an order requiring the holder to give the Board written notice of whether the holder is covered by a complying policy.
(3) The Board may terminate the suspension if the Board reasonably believes the holder of the practising certificate is covered by a complying policy.
Before regulation 19 insert:
After regulation 19 insert:
(1) In Schedule 1 item 8 delete “under section 11A(1) of the Act for” and insert:
for issue of
(2) In Schedule 1 item 9 delete “Renewal under section 11A of the Act” and insert:
Application for renewal
(3) In Schedule 1 item 10 delete “Late renewal under section 11A(6) of the Act of a practising certificate” and insert:
Application for renewal of a practising certificate made less than 30 days before the expiry of the practising certificate and dealt with under section 11A(6) of the Act
In Schedule 2 Form 2 delete “certify that” and insert:
certify that ....................................
Made by a resolution of the Land Surveyors Licensing Board at a meeting held on 17 October 2024.
PAUL RHODES, Chair, Land Surveyors Licensing Board
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