#348 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 the survey industry regulator after an audit that was conducted by NSW ORG of a grossly inaccurate survey having been performed with significant inconsistencies and errors made in a plan of subdivision.
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.
- Failed to comply with a notice under Section 9A of the Act
- Demonstrated on a number of occasions that they are not fit and proper person to be registered as a surveyor through omissions and contraventions of regulations and legislation.
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) and 13(1)(b) of the Surveying and Spatial Information Act 2002, the RLS must attend a disciplinary meeting with the President of the Board, in the presence of one other Board member. The RLS may bring a witness of their choosing if they wish.
- Under Section 12(1)(b) of the Surveying and Spatial Information Act 2002, the RLS’s registration will be suspended for a period of 12 months from the finalisation of this matter.
- Under Section 12(1)(a) and 13(1)(b) of the Surveying and Spatial Information Act 2002, a condition is placed on the RLS’s registration that they are required to complete the following training within 12 months from the finalisation of this matter:
- ISNSW Candidate Workshop: Instructional Weekend
- ISNSW Searching Workshop (full day)
- Under Section 12(1)(a) and 13(1)(b) of the Surveying and Spatial Information Act 2002, after the suspension is lifted a condition will be placed on the RLS’s registration restricting them from providing general or immediate supervision to any persons for a period of no less than 12 months. This restriction will only be removed following this period once BOSSI has approved documentation submitted by the RLS outlining their supervision practices and procedures.
