Surveyors Act 2003 (Qld)

Surveyors Act 2003

An Act to provide for the registration of surveyors, surveying graduates and surveying associates, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Surveyors Act 2003.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Purposes of Act

(1)The purposes of this Act are—

(a)to protect the public by ensuring surveys are carried out by registrants in a professional and competent way; and

(b)to uphold the standards of practice within the profession; and

(c)to maintain public confidence in the profession.

(2)The purposes are to be achieved mainly by—

(a)establishing the Surveyors Board of Queensland; and

(b)providing for the registration of persons under this Act; and

(c)imposing obligations on persons in relation to the practice of the profession; and

(d)providing for the investigation of, and conduct of disciplinary proceedings about, registrants’ professional conduct; and

(e)providing for the monitoring and enforcement of compliance with this Act.

4   Act binds all persons

(1)This Act binds all persons, including the State.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

5   Mutual recognition legislation not affected

This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003.

6   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

Part 2    Surveyors Board of Queensland

7   Establishment of board

(1)The Surveyors Board of Queensland is established.

(2)The board—

(a)is a body corporate; and

(b)may sue and be sued in its corporate name.

8   Board’s relationship with the State

The board does not represent the State.

9   Functions of board

The board has the following functions—

(a)to establish competency frameworks for qualifying persons for registration and registration endorsements;

(b)to accredit entities for assessing the competency of persons under the competency frameworks;

(c)to assess applicants for registration and registration endorsements;

(d)to register persons and issue registration certificates;

(e)to keep a register of registrants;

(f)to monitor registrants’ compliance with disciplinary conditions of registration;

(g)to authorise investigations, whether because of a complaint or on its own initiative, of registrants’ professional conduct;

(h)to take disciplinary proceedings against registrants;

(i)to refer disciplinary matters, for hearing, to professional conduct review panels and QCAT;

(j)to perform other functions given to the board under this or another Act.

10   Board’s independence etc.

In performing its functions, the board must act independently, impartially and in the public interest.

11   Powers of board

(1)The board has all the powers of an individual and may, for example, do all or any of the following—

(a)enter into contracts;

(b)acquire, hold, dispose of, and deal with, property;

(c)appoint agents and attorneys;

(d)engage consultants;

(e)fix fees and charges, and other terms, for services and other facilities…