#217 Summary – Breaches of Section 9A of the Surveying& Spatial Information Act 2002
Section 9A of the Surveying & Spatial Information Act2002 states; A survey regulator may, by notice in writing, require a registered surveyor to correct within the time specified in the notice any error in a survey made by that surveyor. The Act also contains a note that failure to comply with a notice under this section is professional misconduct for the purposes of section 13 of the Act.
In this instance NSW LRS had identified errors on 3different deposited plans prepared by the surveyor and issued the relevant notices. When the matters weren’t attended to in the required timeframe, they were referred to ORG for non-compliance. Audits of the plan were undertaken, and notices issued. The surveyor failed to respond to the notices from ORG and the matter was referred to BOSSI.
In all instances the surveyor has failed to respond or comply with:
- Requests from NSW LRS to amend plans
- Direction from ORG to amend plans
- Letters from BOSSI as part of the investigation
As a result of the investigation the surveyor was found guilty of professional misconduct and the following disciplinary action was put in place:
• Under Section 13(1)(b) of the Act, the surveyor was required to attend a disciplinary meeting with the President of the Board, in the presence of one other Board member.
• Under Section 13(1)(b) of the Act, the surveyor must work under the general supervision of another Registered Land Surveyor (external to current company/employment and approved by the Board) for a period of 18 months. The surveyor must submit evidence with every plan lodgement at NSW LRS that the plan has been checked by the supervisor before it has been lodged. During this period the surveyor cannot supervise any other person. At the end of the 18-month period an audit of the work will be arranged by BOSSI to determine if an acceptable level of improvement has been achieved.
• Under Section 13(1)(c) of the Act, within 3 months of the matter being finalised, the surveyor must make the necessary amendments to the DPs to address the errors raised by NSW LRS and ORG. Failure to make the necessary amendments within the required timeframe will result in the suspension of the surveyor’s registration as a land surveyor for a period of 12 months.
• Under Section 13(1)(d) of the of the Act, the surveyor must pay compensation of $10,000 to ORG.
• Under Section 13(1)(e) of the of the Act, the surveyor must pay a penalty of $5,000 to the Board.
