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Discipline #219 Summary

#219 Summary – Supervision

A plan was submitted to Council with a DA for additions proposed to be built to the boundaries. Council requirements for this type of development include endorsement from a registered surveyor, as this was not evident on the plan, the plan was rejected by Council.

The plan was resubmitted with endorsement from a registered surveyor who was external from the company who provided the survey. A number of issues and inconsistencies were identified with the plan and the matter was referred to BOSSI with questions about the level of supervision provided.

BOSSI requested copies of all relevant documentation in relation to the plan, including engagement details, field notes, calculations, WH&S documentation as well as evidence of supervision and how the registered surveyor had assessed the surveyor undertaking the work to determine the level of supervision required to meet the requirements of the Board’s Supervision Determination.

The registered surveyor was not able to provide sufficient evidence of compliance with the determination and as a result of the investigation the Board found that adequate supervision had not been provided.

The complaint of Professional Misconduct was found to be PROVEN in this case.

The complaint of Professional Incompetence was found to be PROVEN in this case.

Disciplinary Action

       Under Section 12(1)(a) and Section 13(1)(b) of Act, the surveyor had to attend a disciplinary meeting with the President of the Board, in the presence of one other Board member.

       Under Section 12(1)(a) and Section13(1)(b) of the Act, the surveyor is not able to provide general or immediate supervision to any persons for a period of no less than 24 months. This restriction will only be removed following this period once the Board has approved documentation submitted by the surveyor outlining their supervision practices and procedures.

       Under Section 13(1)(c) of the Act, the surveyor is required to resurvey the site and provide copies of the updated plan and field notes to the Board and a copy of the updated plan to the client.

       Under Section 13(1)(e) of the Act, the surveyor must pay a penalty of $5,000 to the Board.

Take home lesson

Are you keeping adequate records of your supervision? Surveyors are reminded that they need to comply with the BOSSI Supervision Determination.

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