Disciplinary action undertaken by BOSSI
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Reference |
Reason |
Penalty |
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#241 |
Guilty of Professional Misconduct pursuant to Section 13 (4) of the Surveying & Spatial Information Act 2002 NSW. |
A condition be placed on the surveyor’s registration that they be required to pass the Board’s examinations in the relevant competency prior to being allowed to regain registration in NSW pursuant to Section 13(1)(b) of the Surveying & Spatial Information Act 2002. To maintain a sufficiently high level of professional and ethical practice standards in the surveying industry, BOSSI recently took disciplinary action against a Registered Land Surveyor (RLS) in that: · Substantial non-compliances in the surveyor’s standard of competence and that it fell dramatically below that expected by the Board and the public. · The surveyor’s behaviour has reduced, or is likely to reduce, public confidence in Registered Surveyors. · The surveyors conduct in respect of the land survey and the resultant Plan will have a deleterious effect on the cadastre in specific location. Under Section 13(1)(e) of the Act, the RLS must pay a penalty of $10,000 to the Board. |
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#203 |
Guilty of Professional Incompetence pursuant to Section 12 of the Surveying & Spatial Information Act 2002 |
Under Section 12(1)(a) of the Act, the Registered Land Surveyor was required to attend a disciplinary meeting with the President of the Board, in the presence of one other Board member. |
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Guilty of Professional Misconduct pursuant to Section 13 of the Surveying & Spatial Information Act 2002
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Under Section 13(1)(b)of the Act, the Registered Land Surveyor (RLS) 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 RLS must work under the general supervision of another RLS for a period of 18 months. Under Section 13(1)(c)of the Act, the RLS 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 RLS must pay compensation of $10,000 to the ORG. Under Section 13(1)(e) of the of the Act, the RLS must pay a penalty of $5,000to the Board. |
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Guilty of Professional Incompetence pursuant to Section 12 of the Surveying & Spatial Information Act 2002 Guilty of Professional Misconduct pursuant to Section 13 of the Surveying & Spatial Information Act 2002 |
Under Section 12(1)(a) and Section 13(1)(b) of Act, the Registered Land Surveyor (RLS) 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) and Section 13(1)(b) of the Act, the RLS is not able to provide general or immediate supervision to any persons for a period of no less than 24 months. Under Section 13(1)(c) of the Act, the RLS 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 RLS must pay a penalty of $5,000 to the Board. |
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#170 |
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. |
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#171 |
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. |
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#204 |
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. |
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Candidate 1 |
Misuse of supervising surveyor's signature |
Prepare and submit a paper on ethics and professional behaviour |
Other Disciplinary action in effect
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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. |
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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 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. |
