New South Wales Consolidated Acts

SURVEYING AND SPATIAL INFORMATION ACT 2002 - SECT 13

13 Professional misconduct

(1) The Board may take any one or more of the following kinds of action against a registered surveyor who is guilty of professional misconduct--

(a) it may administer a caution to the surveyor,

(b) it may impose conditions on the surveyor's registration, including conditions requiring the surveyor to undergo further training or to practise only under supervision,

(c) it may order the surveyor to take specified steps to correct or complete any survey in respect of which the misconduct has occurred,

(d) it may order the surveyor to pay compensation, totalling not more than $10,000, to any person towards any loss or damage suffered by that person as a consequence of the misconduct,

(e) it may order the surveyor to pay a penalty to the Board of not more than $10,000,

(f) it may suspend the surveyor's registration for a period of not more than 5 years,

(g) it may cancel the surveyor's registration.

(2) Action is not to be taken under this section unless the Board--

(a) has caused notice of the proposed action to be given to the registered surveyor, and

(b) has given the registered surveyor at least 28 days within which to make written submissions to the Board in relation to the proposed action, and

(c) has taken any such submissions into consideration.

(3) An order for compensation referred to in subsection (1) (d) is enforceable by the person to whom the compensation is ordered to be paid as if it were a judgment of the Local Court exercising jurisdiction under the Civil Procedure Act 2005 .

(4) In this section,
"professional misconduct" , in relation to a registered surveyor, means--

(a) any contravention of the conditions of the surveyor's registration, or

(b) any failure to comply with the standards imposed by this Act or the regulations with respect to the carrying out of surveys, or

(c) any failure to comply with an order referred to in subsection (1) (c), (d) or (e), or

(c1) any failure to comply with a notice under section 9A, or

(d) any failure to comply with the requirements of the Licensing and Registration (Uniform Procedures) Act 2002 , or

(e) any contravention of this Act or the regulations, or

(f) any contravention of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 with respect to the conduct of surveys, or

(g) any act or omission that demonstrates that the surveyor is not a fit and proper person to be registered as a surveyor, or

(h) any act or omission that the regulations declare to be professional misconduct for the purposes of this Act.