(SBQ Communique – Ref: 2024.02 – Published: 19.08.24)

As outlined in the Department of Resources Surveying Alert 62, the Department has undertaken a review of the Surveyors Regulation 2014 and it will be amending the minimum level of professional indemnity insurance as follows:

Increasing the minimum level of professional indemnity insurance prescribed to be held by consulting surveyors under the Surveyors Regulation 2014. The current value of $1 million (m) has not been adjusted since the current framework was established in 2003. The surveying industry has provided feedback to increase the minimum value to $2m, which is comparable to inflation over this period.

As outlined in the Department of Resources Surveying Alert 63, the Department has advised that the new Surveyors Regulation 2024 will commence on 1 September 2024. 

Regarding existing registrations for the Surveyors Board of Queensland:

• the increased minimum level of professional indemnity insurance will not apply until 1 January 2025, ie. the 2025 renewal cycle that typically commences in late October 2024; and
• it will be a requirement of 2025 renewal registrations that Consulting Surveyors (ie. corporations and individuals) provide the Board with a Certificate of Currency that describes the value of professional indemnity cover to be $2 million or over.

Regarding new registrations:

• the increased minimum will apply to the relevant applications received on or after the official commencement date of Surveyors Regulation 2024, ie. 1 September 2024.  

Since early 2023, the Board has been actively liaising with local governments and utility organisations regarding who can provide a ‘Registered Surveyors Certification’ for an ‘As-Constructed’ plan.  The Board has now informed all local governments and utility organisations of the four levels of surveyor registration in Queensland:

• Registered Surveyor with Endorsement
  • Registered Surveyor
  • Registered Surveying Graduate
  • Registered Surveying Associate

One of the concerns that the Board has is that ‘As-Constructed’ plans are being certified by Queensland registered surveyors who hold a lower level of registration than Registered Surveyor.  The Board considers it to be unprofessional conduct if a person who is not a Registered Surveyor signs a certification headed ‘Registered Surveyors Certification’.

For a Registered Surveyor to be registered in Queensland, it requires a surveying qualification and satisfactory assessment of their skills and knowledge by the Board.  A Registered Surveyor has the training and skills to provide the certification required by a local government or utility. 

Importantly, an ‘As-Constructed’ plan may certify boundary offsets which raises the question how the offset was determined? If the boundary has been identified in order to determine the offset then legislation requires a Registered Surveyor with a Cadastral Endorsement to identify the boundary and provide the certification. 

When a Queensland registered surveying corporation is providing the certification of an ‘As-Constructed’ plan then any Public Officer of the corporation (ie. Director or Company Secretary) can sign on behalf of a corporation.  In addition, any Authorised Delegate can sign on behalf of a corporation.

As previously communicated, the Board has recently introduced a new Progression to Surveyor Policy.  The policy has been uploaded onto the Board website – a link is also provided below.

Progression to Surveyor Policy

The main purpose of this policy is to describe how Surveying Graduates and Surveying Associates progress to Surveyor registration.  Surveying Graduates and Surveying Associates can opt to demonstrate competency via:

• Progressive assessment (over a 5-year period) via career episode reports (CER); or
• Oral presentation

As a result of introducing the policy, the Board believes that there will be a high demand in 2024 for Surveying Graduates seeking to finalise Surveyor Registration.  To assist in meeting the elevated surveying labour demand in the next decade the Board is very keen to ensure that the progression of Surveying Graduates to Surveyor registration is achieved in an efficient and timely manner.

In 2024 the Board’s training advocate, Stephen Steggall, will be conducting a range of activities that will assist Surveying Graduates in their progression to Surveyor registration.  These activities will include:

• Workshops (1 hour) conducted on-line focusing on a range of topics, eg. GNSS, volumes;
• Full day / Half Day workshops conducted at various regional locations face-to-face focusing on finalising progressive CERs; and
• On request, workshops conducted on site at medium to large size surveying firms.
• On request, on-line meetings between Training Advocate and supervisor/mentor.

The Board encourages all Surveying Graduates to attend the workshops.  In addition, the Board is keen to see supervisors/mentors of Surveying Graduates and Corporate training managers to attend these workshops so that they also have a clear understanding of the Board’s expectations. 

Steve will be sending out emails in the 3^rd/4^th week of Jan’ 24 to:

• Surveying Graduates seeking expressions of interest for on-line, regional face to face and full day workshops.  Surveying Graduates are encouraged to share the email with their appointed Supervisor; and
• Surveying corporations seeking expressions of interest for on-site face-to-face workshops.

Surveying Graduates (and supervisors/mentors of Surveying Graduates) who would like to obtain further advise on the Progression To Surveyor Policy can contact the Board’s Training Advocate, Steve Steggall (from 10 January 2024 onwards) on 0427 572 293 or ta@sbq.com.au or the Board’s office during business hours on (07) 3839 7744.

The new Building Regulation 2021 commenced on 1 September 2021 replacing the old Building Regulation 2006 and there have been significant changes in the required inspection forms and processes. There are now 3 forms (Form 12, 16 and 43) for inspection certification that may be requested depending on the class of the building, who is providing the certificate and what they are certifying.

The Department of Energy and Public Works (DEPW) administers the Building Act 1975 (BA) and Building Regulation 2021 (BR).  To assist in the interpretation of the legislation, DEPW has recently published a suite of guidelines, including the Guideline for the assessment of competent persons (the Guideline).  The guideline sets out the circumstances in which a building certifier can deem persons competent to assist with the inspection of building works and give a Form 12.  The guidance is provided in accordance with s.34 of the Building Regulation 2021 which provides that a certifier can decide an individual is competent to provide inspection help.  The Acts Interpretation Act 1954 provides that an individual is a natural person.  Therefore, a competent person can only be a person not a corporation; only a person can give a Form 12 certification, not a corporation.

Further information can be found at DEPW’s guideline page where surveyors and certifiers can access the latest version of the Guideline.

https://www.business.qld.gov.au/industries/building-property-development/building-construction/forms-guidelines/guidelines

Inspection Certificate Type	Form Type	Description
Stage Certificate	Form 16	The building certifier is the only person who can issue a Stage Certificate (Form 16) for the Mandatory Inspections Foundation; Slab; Final.   The building certifier or person deemed competent by the Building Certifier can issue a Stage Certificate (Form 16) for the Mandatory Inspections Bond Beam; Floor, Wall and Roof Frame.
Aspect Certificate	Form 12	A Form 12 will be used by a competent person when they are certifying an Aspect of building work.  A competent person has to be deemed competent by the building certifier (under the Guideline-for-Competent-Persons) before they provide any inspection help to the building certifier.
	Form 43	A QBCC Licensee can issue a Form 43 for an Aspect of building works that is covered by their QBCC license.
Notice that the stage of work does not comply	Form 62	Where an Appointed competent person is not satisfied the stage or work complies.  Replaces Form 61 Non-compliance notice.

Form 12 – When is this certificate needed? (extract from Form 12 Appendix Page 3)

When is this certificate needed? (sections 10 of the Building Act 1975 (Building Act) and 75 of Building Regulation 2021 (BR 2021)) When performing a building certification function, a building certifier may accept and rely on an aspect inspection certificate from an appointed competent person to satisfy themselves that an aspect of work has been completed and complies with the building development approval.

For a single detached class 1a building a building certifier can only accept this form for an aspect of work that is for

• boundary clearance if the appointed competent person is a cadastral surveyor, and,
• the reinforcement of footing systems if the appointed competent person is the appropriate registered professional engineer.

For further information about inspections for detached class 1a and 10 buildings or structures, refer to Guideline for inspections of class 1 and 10 buildings and structures.

Who is a Cadastral Surveyor?

The Building Regulation 2021 defines a cadastral surveyor as being the same definition of a cadastral surveyor as per the Surveyors Act 2003, schedule 3. 

cadastral surveyor means a surveyor who holds a registration endorsement for carrying out cadastral surveys.

Who can provide a certification of an aspect of building work relating to a boundary clearance?

If a certification is required regarding the location of any building, improvement, or utility in relation to a property boundary, this must be provided by a person who is a registered cadastral surveyor. This includes a Form 12 aspect certification in relation to the boundary clearance aspect of a building per s74 of the Building Regulations 2021 relating to the Building Act 1975.

Note:  Where a person who is a registered cadastral surveyor provides a boundary clearance certification and does so while acting within the scope of their duties for a corporation then they should ensure that their actions are protected by an appropriate professional indemnity insurance policy.

Who can provide a certification of an aspect of other building work, ie. other than a boundary clearance?

The Board believes that the building certifier will be best placed to determine whom a suitable competent person is to provide a certification of an aspect of building work other than a boundary clearance.

As a person, can a Surveyor (with no cadastral endorsement), Surveying Associate or Surveying Graduate provide a boundary clearance certification?

No.  As they are not a cadastral surveyor then they are not permitted to provide a boundary clearance certification.

Can a corporation (with a cadastral endorsement) provide a boundary clearance certification?

No.  Only a person (with a cadastral endorsement) can provide a boundary clearance certification.

The Board has recently approved the introduction of a new Progression to Surveyor Policy.  The policy has been uploaded onto the Board website – a link is also provided below.

Progression to Surveyor Policy

The main purpose of this policy is to describe how Surveying Graduates and Surveying Associates progress to Surveyor registration.  Surveying Graduates and Surveying Associates can opt to demonstrate competency via:

o             Progressive assessment via career episode reports (CER); or

o             Oral presentation

A secondary purpose is to address how old open Surveyor competency assessment matters are to be administered.   The Board currently has 57 open competency assessment matters that have been open for more than 5 years. 

Highlights of the policy and changes introduced include:

Progressive assessment via career episode reports (CER)
Post Graduate Plan (PTP)	For their first renewal of registration, Surveying Graduates will be required to submit to the Board a Postgraduate Training Plan (PTP) by 30 September of that year. An updated PTP and evidence of progress with regards to the plan is to be submitted to the Board by 30 September every subsequent year.
Career Episode Reports	By their third renewal of registration, Surveying Graduates will be required to submit to the Board evidence to be assessed by 30 September of that year.  With their first CER submission, a registrant is also required to submit Form 09A – Application for Competency Assessment for Registration as a Surveyor and pay the prescribed fees.
Failure to submit a satisfactory PTP by 30 September	The Board will advise the registrant that the Board will be unable to finalise the renewal of their Surveying Graduate registration unless they either: Submit a satisfactory PTP; or Advise the Board in writing to change their registration to Surveying Associate.   The Board will also inform the registrant that: If neither of the above actions are taken by the registrant then their registration will lapse on 31 December; andIf the registrant changes their registration to Surveying Associate, then any open competency assessments will be closed.
By their third renewal of registration, failure to submit a satisfactory CER and Form 09A – Application for Competency Assessment for Registration as a Surveyor by 30 September	The Board will advise the registrant that the Board will be unable to finalise the renewal of their Surveying Graduate registration unless they either: Submit a satisfactory CER and form 09A – Application for Competency Assessment for Registration; or Advise the Board in writing to change their registration to Surveying Associate.   The Board will also inform the registrant that: If neither of the above actions are taken by the registrant then their registration will lapse on 31 December.
Period of Competency Assessment	The maximum period that the Board will hold a competency assessment matter open will be five (5) years.  Where a registrant has nominated that they will be demonstrating competency by ‘written CER submission’ then the period of five (5) years allows a registrant the opportunity to provide the Board with multiple CER submissions to demonstrate their competency.
2023 / 2024 Transition Measures – Surveying Graduates (& Surveying Associates)	As an interim measure, a Surveying Graduate whose competency assessment has been open for longer than 4 years will be provided with an extension to 31 December 2024 to complete their competency assessment.   Note:  This interim measure will also apply to a Surveying Associate whose competency assessment has been open for longer than 4 years and elects to have their registration status moved from Surveying Associate to Surveying Graduate.

Registrants who would like to obtain further advise on the Progression To Surveyor Policy can contact the Board’s Training Advocate, Steve Steggall on 0427 572 293 or ta@sbq.com.au or the Board’s office during business hours on (07) 3839 7744.

In 2021, the Board completed its review of cadastral assessment processes and how they relate to the numbers of Cadastral Surveyors being added to the register.  In November 2021, the Board conducted a pilot program trialling a new process that involved an oral assessment undertaken over a two-day period based on a candidate’s portfolio of projects.  Seven candidates took part in the pilot program and all seven were successful in obtaining their Cadastral Endorsement.

Based upon the success of the pilot program the Board adopted the new process as the new way to assess Cadastral Endorsement competency. The new process replaced the requirement of a candidate to submit Career Episode Reports (CERs) and a Professional Assessment Project (PAP) or an oral presentation – these had been an integral feature of the Cadastral Endorsement assessment since it was introduced with the Surveyors Act of 2003. 

In the period 1 January 2022 to 31 December 2022 a further 33 surveyors have successfully obtained their Cadastral Endorsement.  This is a significant increase compared to the previous yearly average of 4. 

In addition to the above, the Board has received another 21 Cadastral Endorsement Assessment Applications and the Board anticipates that a large majority of their assessments will be successful between now and 30 June 2023. 

Given the success of the new cadastral competency assessment process, the Board takes this opportunity to again encourage all registrants who are currently working towards their Surveyor registration and ultimately a cadastral or mining endorsement to fulfill their progression requirements in a timely manner.

The Board would also like to again encourage all employers to take an active role in assisting Surveying Graduates and Surveying Associates in fulfilling their progression to Surveyor registration. 

If any employer, Surveying Graduate or Surveying Associate wishes to learn more about the steps to Surveyor registration please go to the Board’s website (see below link) or contact the Board’s Training Advocate Steve Steggall at ta@sbq.com.au.

Steps to Surveyor Registration

The Board has the responsibility under the Surveyors Act 2003 to investigate the activities of a surveyor to determine if disciplinary action is warranted.  Typically, an investigation will be authorised by the Board after receiving a written complaint from a member of the public or information from a surveying professional.   Over the past three years the Board has conducted 11 investigations.

The Surveyors Board of Queensland is seeking expressions of interest from currently registered cadastral surveyors who wish to be added to the existing panel of investigators. 

All expressions of interest will be considered by the Board at its next Board meeting which will be held on 25 January 2023. 

Expression of interest applicants are asked to provide a brief one-page submission that covers the following details:

• Name and contact details
• Employer details (if applicable)
• Why you would like the opportunity
• A brief description of your experience and background

Should you wish to express your interest in being added to the panel of investigators please send an email and submission to the Board’s Executive Officer, David Jenkins at eo@sbq.com.au before Wednesday, 18 January 2023.

The Board has a primary responsibility for ensuring that any reported, suspected or known professional misconduct involving registered surveyors is investigated fully.  For the public, it is important that not only do they have the right to be heard but their concerns are dealt with. To the profession it is important that complaints with substance are appropriately dealt with and standards are upheld so that they in turn can confidently execute their responsibility to the public. 

In the year ended 30 June 2022, the Board carried out three investigations, held two section 86 meetings and held one Professional Conduct Review Panel (PCRP) hearing to determine whether disciplinary action should be taken under section 91 of the Surveyors Act 2003.  Typically, the Board is constrained by confidentiality provisions of the Surveyors Act 2003 and is not permitted to explain the outcome of an investigation, reasons for a Board’s decision or inform the public about the findings of a disciplinary matter.  Magistrates Court proceedings are not bound by the same confidentiality provisions of the Surveyors Act 2003. 

In its Board Communique released on 27 August 2021 the Board advised that in June 2021 it had successfully prosecuted an unregistered individual in the Magistrates Court who pleaded guilty to offences of sections 75(1) and 76(1) of the Surveyors Act 2003. The Board also advised that it had appointed an investigator to investigate another matter involving an individual providing cadastral services when he was not registered with the Board as a cadastral surveyor.

In October 2022, the Board successfully prosecuted an unregistered individual in the Magistrates Court who pleaded guilty to offences of sections 75(1), 76(1) and 76(2) of the Surveyors Act 2003.  The parties agreed that the Board may make the details of the proceedings, including the outcome, publicly available in the following terms:

Mr Samuel Slama, has been ordered to pay a penalty of $13,345 to the Surveyor’s Board of Queensland after pleading guilty to offences under the Surveyors Act 2003 (Qld) of carrying out a cadastral survey while not registered as a cadastral surveyor (section 75(1)), carrying on a business providing cadastral surveys while not registered as a consulting cadastral surveyor (section 76(1)) and charging a fee for carrying out a cadastral survey while not registered as a consulting cadastral surveyor (section 76(2)).

The proceedings were commenced by the Surveyor’s Board of Queensland in the Magistrates Court of Queensland following an investigation that identified Mr Slama had conducted cadastral surveys in 2020, within south-east Queensland whilst unregistered. Mr Slama was carrying on business under the name Geometric Solutions Qld Pty Ltd.

David Jenkins, Executive Officer of the Surveyors Board Queensland, said the successful outcome was indicative of the Board’s strong commitment to enforcement of the Surveyors Act.

“The Surveyors Board is dedicated to ensuring that surveys are carried out in a professional and competent way, in order to ensure that the standard of practice within the profession is upheld and to otherwise maintain public confidence”, he said. “The Surveyors Board will continue to monitor and investigate potential breaches of the Act, and will commence prosecutions as necessary”.

Members of the public who have information about suspected breaches of the Surveyors Act 2003 are encouraged to contact the Surveyors Board on (07) 3839 7744 or at admin@sbq.com.au.

The Board has recently received a number of complaints from Surveyors regarding the quality of boundary reinstatement. In particular, where the frontage of the subject block has been established and deed angle & distances have been accepted without the appropriate supporting evidence.

The Board’s position is that Surveyors are required to prove the depth of parcels based on the best evidence available. It is not sufficient to adopt deed dimensions without ensuring that the rights of the adjoining owners have not be affected

The Board reminds Surveyors of the requirements under sections 3.33.1 and 3.33.2 of the Cadastral Survey Requirements v8.00.  Extracts are shown below: 

3.33.1 Cadastral Reinstatement Standard

In conducting a cadastral survey which reinstates existing cadastral boundaries (this does not apply to compiled plans or plans of subdivisions of existing building format lots), a surveyor must:

• take account of the rights of all parties affected by the reinstatement

3.33.2 Cadastral Reinstatement Guideline 

In determining the reinstatement of a boundary a surveyor will usually:

• not reinstate boundaries solely on the basis of dimensions, without

considering the existence of physical evidence (for example: fixing the depth of

parcels at a previously surveyed distance, or the direction of side boundaries of

a parcel at a previously surveyed direction, without searching for original

marks or occupation);

These requirements apply to all cadastral surveys, including identification surveys.  They are requirements under cadastral standards and as such they limit, in some instances, a Surveyor’s ability to apply discretion when making cadastral reinstatement decisions.     

Surveyors are encouraged to review the current requirements of section 3.33 Reinstatement of boundaries of the Cadastral Survey Requirements v8.00.

The Board will continue to monitor this situation and where appropriate contact Surveyors asking for a written explanation as to why these requirements have not been met.

At its meeting on 2nd December 2021 the Board approved changes to the assessment of Cadastral Endorsement Competency. 

The existing arrangements which involve either the submission of CER’s and a PAP or an oral presentation will be phased out and be replaced by a new process involving formal face to face interviews.

The assessment process will involve two interviews conducted on consecutive days on a weekend.  There will be three (3) appointed Board assessors conducting the interviews. 

The Board has scheduled five (5) assessment weekends that will assess the competency of three (3) candidates on each weekend. Three (3) assessment weekends will be in Brisbane and two (2) assessment weekends will be in Regional Queensland. 

On 7 February 2022 at 6.00pm, Glenn Campbell will be holding a mandatory Q & A webinar.  This will be an opportunity for candidates to learn more about the process.  To join the zoom meeting please use the following link:

https://usq.zoom.us/j/83483085450

During the webinar, further details will be provided on how potential applicants can secure an assessment slot.