Australian Capital Territory Current Acts

PROFESSIONAL ENGINEERS ACT 2023 - SECT 32

    (1)     The director-general may approve an entity to conduct a scheme for an area of engineering (an "assessment scheme") if—

        (a)     the entity is an eligible entity; and

        (b)     the assessment scheme is an eligible assessment scheme.

    (2)     An approval under subsection (1)—

        (a)     must be for a term not longer than 5 years; and

        (b)     is subject to—

              (i)     any condition the director-general considers appropriate; and

              (ii)     any condition prescribed by regulation.

    (3)     An approval is a notifiable instrument.

    (4)     For subsection (1), an entity is an eligible entity if—

        (a)     either—

              (i)     the entity holds an approval (however described) under a relevant law authorising it to conduct an assessment scheme that is the same, or similar, to the proposed assessment scheme; or

              (ii)     the director-general is satisfied that the entity—

    (A)     employs competent people to undertake assessments of a person's required qualifications, experience and competencies; and

    (B)     has proven procedures for training and accrediting its employees to undertake assessments of a person's required qualifications, experience and competencies; and

    (C)     has the financial capacity and facilities to conduct assessments of a person's required qualifications, experience and competencies; and

    (D)     has a proven capacity to undertake independent and authoritative assessments of a person's required qualifications, experience and competencies in a timely manner; and

    (E)     imposes fees that are reasonable taking into account the scope of the services being offered; and

    (F)     is able to adequately assess a person's required qualifications, experience and competencies for the area of engineering; and

        (b)     the entity meets any other eligibility requirements prescribed by regulation.

    (5)     For subsection (1), an assessment scheme is an eligible assessment scheme if—

        (a)     the proposed scheme will be conducted by an eligible entity; and

        (b)     the director-general is satisfied that the proposed scheme—

              (i)     is not inconsistent with national and international standards for the recognition of professional engineers; and

              (ii)     includes procedures for the assessment of a person's required qualifications, experience and competencies in an independent and professional manner; and

              (iii)     has adequate procedures for monitoring and improving the assessment processes of the scheme, including appropriate complaint handling procedures; and

              (iv)     includes an effective audit program for ensuring that continuing registration requirements are met by professional engineers; and

        (c)     the proposed scheme meets any other eligibility requirements prescribed by regulation.