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Summary of Disciplinary Actions and Outcomes

Disciplinary action undertaken by BOSSI in the period between

01 July 2019 and 30 June 2020


Surveyor Name

Reason

Penalty

Surveyor 3

Summary

Guilty of Professional Misconduct pursuant to Section 13 (4)(e) of the Surveying & Spatial Information Act 2002 

Not Guilty of Professional Incompetence pursuant to Section 12 of the Surveying & Spatial Information Act 2002


In accordance with Section 13(1)(a) of the Surveying and Spatial Information Act 2002, as a condition of continuing registration, the Registered Land Surveyor (RLS) was required to attend a meeting with the Surveyor-General of NSW and one other Board member to receive a formal caution.

The caution included advice on the power of entry provisions as outlined in the Surveying and Spatial Information Act 2002 and that the RLS must comply with the requirements of the Act and Reg. 

It was also noted that if any similar breaches of the Surveying and Spatial Information Act 2002 or the Surveying and Spatial Information Regulation 2017 are brought to the Board’s attention and subsequently proven against the RLS more serious action under Section 13 of the Surveying and Spatial Information Act 2002 will be considered by the Board.


Candidate 1

Summary

Misuse of supervising surveyor's signature

Prepare and submit a paper on ethics and professional behaviour

   

01 July 2018 and 30 June 2019


Surveyor Name

Reason

Penalty

Surveyor 1

Guilty of Professional Incompetence pursuant to Section 12 of the Surveying & Spatial Information Act 2002 and Section 3 of the Board’s Policy for the Consideration of Complaints against Surveyors.

Formal caution in accordance with Section 12(1)(a) of the Surveying and Spatial Information Act 2002, and as a condition of continuing registration the surveyor received a formal caution from the Board.

Required within 6 months of notification of Disciplinary action from the Board to amend registered plan.

Required within 6 months of notification of Disciplinary action from the Board, evidence that they surveyor had implemented more rigorous plan checking procedures in their Standard Operating Procedures, such as the adoption of the Surveyor-General’s Checklist.

Surveyor 2

Breach of Section 22 of the Surveying & Spatial Information Act 2002.

Breach of Section 378C of the Mining Act 1992.

A condition be placed on the surveyor's registration that they be required to pass the Board’s examinations prior to being allowed to regain registration in NSW.

Matter referred to the Mining Regulator where the surveyor has provided false or misleading information.

Matter referred to NSW Police to pursue an action in the case of fraudulently claiming to be a registered surveyor.

 

Other Disciplinary action in effect 

Surveyor Name

Reason

Penalty

Anthony Todarello

Guilty of Professional Incompetence pursuant to Section 12 of the Surveying & Spatial Information Act 2002 

Guilty of Professional Misconduct pursuant to Section 13 (4)(b),(e) and (g) of the Surveying & Spatial Information Act 2002 

The registration of the surveyor be suspended for three (3) years commencing from 25/09/2014

A condition be placed on the surveyor's registration that they be required to pass the Board’s examinations in Rural Cadastral, Urban Cadastral and Strata & Community Title prior to being allowed to regain registration in NSW.

If the surveyor fails to pass the Board’s examinations after 3 years suspension that their registration be cancelled pursuant to Section 12(1)(c) and 13(1)(g) of the Surveying and Spatial Information Act 2002 until they comply with item 2 above.

 Paul Bayliss

Guilty of Professional Incompetence pursuant to Section 12(1)(c) of the Surveying & Spatial Information Act 2002 

Guilty of Professional Misconduct pursuant to Section 13(1)(g) of the Surveying & Spatial Information Act 2002 

  

The registration of the surveyor be cancelled by the Board for Professional Incompetence.


The registration of the surveyor be cancelled by the Board for Professional Misconduct.


The Board orders compensation of $10,000 to LPI towards the rectification work necessary to amend and correct registered plan pursuant to Section 13(1)(d) of the Surveying & Spatial Information Act 2002.

The Board orders payment of a penalty of $10,000 to the Board pursuant to Section 13(1)(e) of the Surveying & Spatial Information Act 2002.

 

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