Complaints Procedure
What the Board can deal with:
The Surveyors Board of Queensland (the Board) is authorised to investigate matters that breach the Surveyors Act 2003 (the Act) and/or the Surveyors Code of Practice. The Board can only deal with matters relating to the professional conduct of a registered surveyor after a formal written complaint is received.
What the Board does to resolve your complaint:
The Board’s Executive Officer receives all telephone grievances. If there is no allegation of professional misconduct, the Executive Officer will offer to contact the Surveyor on behalf of the complainant to seek a mutual solution.
If a written complaint is received, the Board will determine whether a formal investigation is required or whether to raise the matter directly with the Surveyor and seek an explanation before deciding the appropriate course of action.
The Board has a three-tiered approach to complaint handling.
The Board may ask the registrant to meet with one or more Board members, for the purpose of deciding what action should be taken in relation to the matter, which may result in the registrant agreeing to take action to address the matter.
The Board may appoint an investigator to review all available evidence and then present a report to the Board. The Board will then decide whether to establish a Professional Conduct Review Panel (PCRP) consisting of at least four Board Members to deal with the matter and, if appropriate, take action against the registrant.
The Board may, after an investigation, refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) to conduct a hearing and, if appropriate, take action against the registrant, which may include suspension or cancellation of the person’s registration.
It is not mandatory that matters progress through each of the levels. The Board determines the most appropriate level of action depending on the complexity of the complaint.
What the Board does not deal with:
The Board is unable to become involved in any of the below matters.
Commercial Disputes
A commercial dispute is an issue for resolution between the Surveyor and their client. The Board does not investigate complaints regarding fees or what fee should have been charged for the services provided by the Surveyor. The Board is unable to provide quotes or estimates of how much a specific surveying task should cost. There may be a number of factors that could influence the cost, and the Board recommends that fees be discussed with the Surveyor in advance of the work commencing.
Negligence
If you believe there is evidence of negligence, or an error may have been made by the Surveyor, you should seek independent legal advice to address the issue via civil remedies.
Boundary Disputes
If there is a boundary dispute between neighbours or another property owner, then these disputes need to be settled via dispute resolution, mediation, or other remedies available to both parties. The Board does not become involved in, or resolve, boundary or property disputes. A Cadastral Surveyor can be utilised to identify the exact location of the boundary.
Notifications by Surveyors
If during the performance of a survey the Surveyor identifies that an owner of land may be adversely affected (e.g. by an encroachment or by a fence that differs significantly from the boundary) the Surveyor is required by legislation to notify all associated parties. It is the responsibility of the associated parties to address how the matter is to be resolved.
Before contacting the Board to make a complaint:
The Board suggests that you try to resolve your complaint yourself, before you make a formal written complaint. You may be able to resolve the complaint by:
- Reviewing the instructions you provided to the Surveyor (if the Surveyor was acting for you); and/or
- Discussing your concerns with the Surveyor.
Contacting the Board:
Please phone the Surveyors Board office for information and advice about the appropriate way to handle your complaint. The Board may be able to assist with the resolution of the complaint by mediation with the Surveyor. If you do wish to make a written complaint, the Board’s office can forward a Complaint Form to you.
Confidentiality:
The Board is aware that complainants have an expectation to be informed of the outcome of a Board’s investigation and what, if any, action is applicable. The Board is constrained by legislation and is not permitted to explain the outcome of an investigation or the reasons for the Board’s decision without the consent of the surveyor involved.
The Information Privacy Act 2009 (Qld) [IP Act] contains the privacy principles which set out the rules for how personal information is to be collected, managed, used and disclosed by Queensland government agencies such as the Board. The outcomes and findings of an investigation into a complaint matter and any actions taken against the person, who is the subject of the complaint, are that person’s personal information. Natural justice cannot require giving that information to a third party, such as the complainant. Accordingly, when communicating to other persons the personal information of the person that is the subject of the complaint, the Board must ensure that it does not breach the privacy principles outlined in the IP Act.
The Board must also comply with confidentiality provisions of the Surveyors Act 2003 in relation to complaints, in particular s190.
Appeal of Decision:
If a complainant is dissatisfied with the outcome of a complaint, they may contact the Office of the Queensland Ombudsman and seek an external review of the Board’s decision.