Code of Professional Conduct and Disciplinary Procedures
The Code's structure
The Code of Professional Conduct in the Registration of Engineers Regulations sets standards for responsibility to the public, competence, objectivity, confidentiality, conflicts, fair dealing and the dignity of the profession. Discipline is not about winning client disputes; it protects the public and the profession.
Disciplinary process
- A complaint is made to the Board in writing with particulars and supporting documents.
- The Board may refer it to an investigating committee to establish whether there is a prima facie case.
- If so, the matter goes to a disciplinary committee. The engineer must be given notice of the charge and a fair opportunity to be heard, with legal representation normally allowed.
- Findings may lead to a reprimand, fine, conditions, suspension or cancellation of registration.
- Appeal rights are provided under the Act.
Worked example
A client complains that an engineer issued a structural certificate without visiting the site. The engineer says the contractor assured him it was complete. Reasoning: certification implies reasonable inspection and professional judgement. Reliance on an assurance without verification may be negligence and misconduct. The committee examines records, inspection reports and correspondence. A single false certificate can justify suspension even without collapse.
Traps
- Thinking the Board awards compensation; it disciplines. Compensation is for courts or arbitration.
- Assuming a private settlement ends a disciplinary complaint.
- Ignoring a complaint; non-response can itself be misconduct.
- Believing no harm done is a defence to false certification.
- Treating the disciplinary hearing as a formality; natural justice applies.