#334 Summary – Breaches of Section 12 Professional Incompetence & Section 13 Professional Misconduct of the Surveying & Spatial Information Act 2002
In this instance the Board received notification from within the survey industry of a grossly inaccurate survey having been performed with significant inconsistencies and errors made in the deposited plan by another Registered Surveyor. An audit was conducted by NSW ORG who confirmed there were significant errors and omissions in the plan.
Subsequently the Board conducted a detailed investigation and found that the RLS exhibited a lack of knowledge and judgement befitting of a Registered Land and identified that the RLS:
- Failed to apply a suitable standard of care
- Displayed an unacceptable pattern of behaviour
- Displayed a standard of competence below the expectations of the Board
- Behaved in a manner that significantly reduces public confidence in NSW Registered Surveyors
- Displayed a pattern of events that would collectively be considered incompetence
- Failed to comply with multiple standards imposed by the Act and Regulation relating to supervision, definition, marking, record keeping & plan preparation.
- Failed to appropriately supervise the person’s undertaking the survey works.
As a result of the investigation the Board determined the surveyor was guilty of professional incompetence & professional misconduct with the following disciplinary action put in place:
- Under Section 12(1)(a) 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 12(1)(a) of the of the Act, the surveyor must not provide general supervision to any persons for a period of no less than 12 months. This restriction will only be removed following this period upon the RLS providing evidence of their supervision practices and procedures to BOSSI.
- Under Section 13(1)(c) of the Surveying and Spatial Information Act 2002, the RLS is required to finalise all required amendments to the subject survey plan.
