JUNE e-NEWSIssue 57 2019 A word from the Registrar

Restoring your RPEQ registration

Shergold Weir Report, Non-Conforming Building Products and the Future of Certifiers

RPEQ Election

Queensland Budget 2019/20

International Women in Engineering Day (23 June) gives the profession the chance to celebrate and encourage women to pursue a career in engineering. A National Women in Engineering Day was launched for the first time in the UK on 23 June 2014. In 2017, it became a global. Over the past 12 months there has been a 20 percent rise in the number of female RPEQs. The current number of 1,117 female RPEQs is the highest it has ever been but still only represents 7.5 percent of the total number of RPEQs. These figures are cause for optimism but also indicative of the challenges faced by BPEQ and the profession. BPEQ is committed to supporting growth in the number of women in the profession and will be developing a diversity strategy during its next strategy meeting.

BPEQ has reached 15,000 RPEQs and the month on month rate of growth is at record highs. This is a significant achievement in itself and shows the strength of the engineering sector in Queensland. Other achievements these past 12 months include:

• Completing the review of current areas of engineering(results of which will soon be announced to RPEQs);

• Establishing regular meetings with the Minister forHousing and Public Works, and creating a streamlined working relationship with the Department for Housingand Public Works other government departments and agencies;

• Establishing information sharing arrangements withother government agencies;

• Developing new approaches to service offerings forRPEQs (e.g. through the regional CPD pilots); and

• Commencing reviews of BPEQ’s continuingprofessional development (CPD) requirements and assessment entity processes.

KAINE BARTON

A/Registrar

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A word from the Registrar

BPEQ looks forward to the next 12 months where it will continue to progress initiatives that benefit RPEQs and the Queensland public.

“I am pleased to announce that Suzanne Burow was the provisionally elected candidate. ”RPEQs who have not renewed their registration for the 2019/20 registration year are reminded that they will have to apply for restoration. Further information about restoring your RPEQ registration can be found in this issue of the e-news.

Many RPEQs have asked about the RPEQ election results. I am pleased to announce that Suzanne Burow was the provisionally elected candidate. Suzanne is now going through the appointment process with the Department of Housing and Public Works.

If we can provide further information or assistance, please contact BPEQ at admin@bpeq.qld.gov.au or call 07 3210 3100.

RESTORING YOUR RPEQ REGISTRATIONRPEQ registration is for a period of no more 12 months, from 1 July – 30 June. All RPEQs are required to renew their registration during the annual renewal period which runs from 1 April – 31May. RPEQs who do not renew their registration during the renewal period have their registration lapsed. BPEQ endeavours to remind RPEQs about renewing their RPEQ registration by sending notices through post and email*, in BPEQ’s e-news and in adverts in various industry publications.

If an engineer’s registration has lapsed, they are not legally entitled to carry out professional engineering services in or for Queensland unless they are directly supervised by an RPEQ. It is an offence under the Professional Engineers Act 2002 (PE Act) to carry out professional engineering services if you are not an RPEQ or not directly supervised by an RPEQ.

It is also an offence under the PE Act to use the title ‘registered professional engineer’, ‘registered professional engineer of Queensland’ or ‘RPEQ’ if an engineer is not registered at the time that they use that title. Even an inadvertent use of the title (for instance, after forgetting to renew the RPEQ registration) is an offence under the PE Act. BPEQ takes the use of the legally protected title ‘RPEQ’ (or similar terms) very seriously. It is legally and professionally incumbent on induvial to ensure they are registered whenever they use a protected title.

Engineers whose registration has lapsed need to apply to have their registration restored.

REGISTRATIONS LAPSED WITHIN 2 MONTHSDownload and complete the Application for Restoration of Registration form.

REGISTRATIONS LAPSED OVER 2 MONTHS BUT LESS THAN 12 MONTHS Applicants for restoration will need to demonstrate their commitment to continuing professional development (CPD) by:

• providing evidence that they are accredited (e.g.CPEng) with an approved assessment entity; or

• providing their CPD logbook evidencing compliancewith the relevant assessment entity’s requirement for CPD. The logbook should be in a format like that required by the assessment entity.

If BPEQ is satisfied with the CPD logbook then the applicant may be restored. If BPEQ is not satisfied with the CPD logbook, then the applicant will be required to undergo an audit of their CPD by the relevant assessment entity, at the applicants cost.

REGISTRATIONS LAPSED MORE THAN 12 MONTHS BUT LESS THAN 36 MONTHSApplicants for restoration will need to:

• demonstrate their commitment to CPD as perabove; and

• provide a current CV.

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REGISTRATIONS LAPSED FOR MORE THAN 36 MONTHSApplicants for restoration that are more than 36 months overdue will not be accepted and the applicant will be required to undergo a new assessment through one of the approved assessment schemes.

It can take up to three weeks for BPEQ to process compliant applications for restoration. During this processing time the engineer will not be registered and therefore cannot carry out professional engineering services in or for Queensland without direct supervision from an RPEQ. An application for restoration also incurs additional fees.

More information on restoration can be found in BPEQ’s Restoration policy. RPEQs can also check their registered status by searching the online register of RPEQs.

*Postal correspondence and emails concerning registrationand other critical matters are sent to the street address and email address you provide to BPEQ. It is important that these details are up to date and accurate so that youreceive all communications from BPEQ. You should alsoensure that this address is sufficiently private as it willalso be used by BPEQ to correspond with you about privatematters (e.g. complaints).

If you are currently registered you can change your address for notices by logging onto your online profile. Your username is your RPEQ number. If you do not have a password, use the ‘forgot my password’ link. Alternatively contact BPEQ at admin@bpeq.qld.gov.au and ask that your contact details be updated.

ENGINEERING EDUCATION AUSTRALIA

Project Management Essentials Brisbane: 8-9 July 2019

The Art of Influence for Technical Leaders Brisbane: 24 July 2019

IPWEAQ

Asset Management – AI and Digital North Lakes: 17 July 2019

Demystifying Extended Design Domain Brisbane: 23-24 July 2019

Queensland Urban Drainage Manual Brisbane: 31 July 2019

UPCOMING CPD COURSES AND CONFERENCES

INTERNATIONALWOMEN IN ENGINEERING DAY

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111720%42%

TOTAL FEMALE RPEQS

GROWTHSINCE2018/19

CIVILENGINEERS

16%

12%

11%

ELECTRICALENGINEERS

CHEMICALENGINEERS

STRUCTURALENGINEERS

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There is an increasing focus on regulation, compliance and enforcement in the construction industry, especially for certifiers, which is attracting attention at all levels of government, writes BPEQ’s legal representative Suzy Cairney.

SHERGOLD WEIR REPORT, NON-CONFORMING BUILDING PRODUCTS AND THE FUTURE OF CERTIFIERS

The landmark Shergold Weir Report Building Confidence, which was made public by the Building Minister’s Forum (BMF) in April 2018, recommended several important changes to the construction industry, some of which might have implications for certifiers generally. RPEQs should take note, as this might be a sign of things to come.

BACKGROUNDIn mid-2017, the BMF (which oversees policy and regulatory issues affecting Australia’s building and construction industries) requested an assessment of the effectiveness of compliance and enforcement systems for the building and construction industry across Australia. This seems partly to have been commissioned as a reaction to incidents like the Melbourne Lacrosse Tower Fire in 2014. The result was the Shergold Weir Report Building Confidence.

MELBOURNE LACROSSE TOWER FIRE IN 2014

Facts

The case involved the spread of fire up the external wall cladding to the roof of the tower from an apartment whose resident had left a cigarette butt in a plastic food container sitting on a timber surfaced balcony table. Investigations showed that a contributing cause to the rapid vertical spread of fire was the combustible external aluminium wall cladding on the side of the building.

Decision

In the first test case regarding liability for the installation of combustible cladding, the Victorian Civil and Administrative Tribunal (Tribunal) determined that the use of aluminium composite panels (ACPs) with a highly combustible 100% polyethylene (PE) core to clad the façade of the Lacrosse Building did not comply with the Building Code of Australia (BCA).

Over a 227-page judgment, the Tribunal examined the roles, responsibilities and percentage culpability of a number of relevant parties including the Architect, the Building Surveyor, the Fire Engineer, the Builder, the Superintendent, the Resident of the Apartment and the Resident’s Flatmate.

The primary liability to pay damages fell on the Builder who had proposed the use of the ACP Alucobest in response to the Architect’s specification and had sourced and installed it, although it was able to recover from a number of parties (Figure 1. Percentage culpability of relevant parties).

Reasoning for Decision

The Fire Engineer was the primary consultant responsible for fire safety compliance and had provided the fire engineering services and, in particular, had provided fire engineering reports to the Surveyor prior to the Surveyor issuing the permit to build.

The Building Surveyor had issued the building permit to construct the building.

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25%

33%

39%

Figure 1. Percentage culpability of relevant parties

3%

FIRE ENGINEER

BUILDING SURVEYOR

ARCHITECT

RESIDENT

The Architect had originally specified ACPs as a compensate panel indicative to Alucobond but approved the sample of the Alucobest cladding material eventually used.

Ultimately the Tribunal found that the Builder, the Architect and the Surveyor each had sufficient information about the potential combustibility of ACPs ‘but, for a variety of reasons, they each failed to identify or conclude the ACPs were non-compliant”. The Tribunal then drew a distinction with the Fire Engineer – who bore the lion’s share of liability – because it ‘failed to conduct the investigations and assessments necessary to confirm the relevant features of the ACPs proposed for use [but] had it done so, it would have come to a different conclusion about compliance to that reached by these other parties’.

In relation to the Fire Engineer, the Tribunal Member made the following quite pointed comments:

It is worth observing that the reason for this apparent disconnect between Mr Nicolas’s evidence of what he understood his role to be, compared to the terms of the contract he signed, may have been hinted at by his reference to the use of templates. My impression generally of Thomas Nicolas’s approach to the [fire engineering reports] and other documents, was that there were a number of instances of the use of template or ‘boilerplate’ language (as well as reference to out-of-date guidelines), without much attention being given to what the words actually meant or required. Thomas Nicolas is, of course, not alone in this.

It is often the case that diligent and competent professionals blithely reuse standard documents that have served them well over the years, focusing only on those parts that need to be tailored to each job. It is only when something goes wrong and the lawyers become involved, that any real attention is given to how that boilerplate language informs potential liability.

RECOMMENDATIONSThe Shergold Weir Report focuses on shortcomings in the implementation of the National Construction Code and addresses compliance and enforcement systems for building and construction standards.

It concluded that there are an increasing number of issues related to the construction industry that diminish public confidence that the building and construction industry can deliver compliant, safe buildings that will perform to the expected standards over the long term. It came up with 24 recommendations including the following key recommendations:

• The need for a proactive audit regime to detect inadequate practices in addition to the current high level of self- certification of the design and construction;

• Requirement for Building Approval documentation tobe prepared by appropriate categories of registered practitioners and evidencing (by way of a declaration)that the person believes the documentationdemonstrates compliance with the National Construction Code;

• The need for specific identification of the informationto be included in relation to performance solutions and identifying the circumstances in whichperformance solutions have been used and for what purpose;

• A robust and transparent process for the approval of performance solutions for constructed building work;

• Approval of documentation and amended documentation throughout the construction process;

• Genuine independent third-party review for specified components of designs and/or certain types of buildings; and

• Mandatory on-site inspections of building work at identified stages of the construction works.

A year on from the Report, and the BMF has released its implementation plan. The plan outlines a roadmap for reform, including target timeframes, but it recognises that all jurisdictions, whilst committed to making reforms, are not at the same stage. The timing of the reforms will need to be tailored to the different regulatory systems in the States and Territories.

Queensland is well along its implementation path, and seems particularly focussed on improving public confidence, but then it has previous experience, having already formulated the Professional Engineers Act 2002 (Qld) (PE Act).

There has also been general acceptance of the Report’s recommendations by the building and construction industry, including the recent legislative reform regarding non-conforming building products via the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act). This places duties on the supply chain to ensure that building products used in Queensland are safe and fit for their intended purpose.

The QBCC Act seeks to ensure that non-conforming building products are not used by requesting that ‘required information’ regarding the building products installed is provided by the relevant ‘person in the chain of responsibility’. It also imposes a duty on any ‘person in the chain of responsibility’ to notify the Commission if it becomes aware or suspects that a building product is non-conforming for an intended use.

CERTIFIERSThe BMF has now prioritised six recommendations that it believes would benefit from a consistent national approach. Each jurisdiction should:

1. require the registration of several categories ofbuilding practitioners involved in design, constructionand maintenance of buildings, including the buildingsurveyor (or certifier), the engineer and the fire safety practitioner;

2. have consistent requirements for registration of building practitioners including certified training,additional competency and experience requirements,compulsory insurance where available and evidenceof practitioner integrity;

4. put in place a code of conduct for building surveyorswhich address the key matters which, if contravened,would be a ground for a disciplinary inquiry;

5. establish minimum statutory controls to mitigateconflicts of interest and increase transparency of theengagement and responsibilities of private buildingsurveyors;

6. provide private building surveyors with enhanced supervisory powers and mandatory reportingobligations;

7. require building approval documentation to beprepared by appropriate categories of registered practitioners, demonstrating that the proposed building complies with the National ConstructionCode.

This arguably looks a bit like a supercharged version of the requirements already imposed on RPEQs under the PE Act. The question then is, assuming the Queensland Government continues the implements process, will this involve two similar parallel regimes (one for RPEQs and one for building professionals), or is this an opportunity to improve both systems of regulation at the same time?

CONCLUSIONIt is evident that there is an increasing focus on regulation, compliance and enforcement in the construction industry, especially for certifiers, which is attracting attention at all levels of government. While none of us set out to be test cases, the opportunity to learn that comes along with increased regulation (especially if national registration of certifiers is required) is to be welcomed. The industry as a whole, and certifiers in particular, need to be aware of their individual obligations as they evolve, or risk being exposed to increasing liability, insurance and perhaps even front page scrutiny...

For advice in relation to how the Shergold Weir recommendations or the QBCC Act reforms might impact your business, please contact Troy Lewis, Stephen Burton or Suzy Cairney at Holding Redlich on (07) 3135 0500.

SUZY CAIRNEY

Legal representativeLLB (Hons) GradDipLegalPrac

Suzy Cairney was appointed to the Board as legal representative in April 2018. A projects and commercial lawyer with particular experience in project development and operational contracts in the ports, civil construction and resources sectors. She has experience both in Australia and overseas, and has advised government clients, principals, developers, contractors and operators on a wide range of major infrastructure projects. Suzy is a Partner in the Brisbane office of Holding Redlich.

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RPEQELECTION

Candidate Statement

I am an experienced registered civil engineer with a technical background in water resources engineering. In 2019, I am also one of two Deputy Division Presidents in the Queensland Division of Engineers Australia.

If elected I will bring:

• the skills to work collaboratively with other board members in the interests of the Board andregistered engineers derived through considerableManagement Committee experience from roles withthe Queensland University of Technology;

• the experience as an advocate and electedrepresentative gained from various state andnational office bearer roles within Engineers Australia over the last decade or so;

• my A game to each Board activity and

• commitment, integrity and my passion for engineering.

In the next election term, I expect that other Australian jurisdictions will:

• continue the momentum for engineeringregistration and

• pursue regulatory reform in relation to non-conforming building products.

I will work with the other Board members to advocate for the adoption of legislation which:

• recognises engineers already registered under Queensland law and

• is consistent with current legislation to make is easier for registered engineers working across various jurisdictions to comply with regulatory requirements.

9

Civil engineer Suzanne Burow was the successful candidate in the recent election of an RPEQ to the Board of Professional Engineers of Queensland.

Under the PE Act, one of the Board’s seven members is elected by their peers for a three-year period.

Ms Burow came out on top with 377 votes in a highly competitive ballot that saw 3,644 RPEQs cast a vote.

She has significant experience in water resources in both public and private sector. She led the water resources modelling for the Connors River and Nathan Dams environmental impact statement, undertook the Wyaralong Dam yield and construction resource operations licence modelling, provided expert hydrological advice for the Paradise Dam environmental law case and managed the water apportioning and entitlements for SunWater’s 2012- 2017 water supply schemes. In 2019, Ms Burow was made one of Engineers Australia’s two Deputy Queensland Division Presidents.

Since the election, the Department of Housing and Public Works has been progressing Ms Burow’s appointment. The Queensland Governor, His Excellency the Honourable Paul de Jersey AC officially appoints Board members. Consideration and appointment by the Governor is the final stage in the appointment process.

The Board of Professional Engineers Newsletter, Issue 57 June 2019

BUDGET2019/20

ROADS UTILITIES

The 2019/20 Queensland Budget is ‘a budget for regional Queensland’ declared Treasurer Jackie Trad. Regional Queensland stands to benefit with capital spending supporting 25,000 jobs outside of South-East Queensland.

For 2019/20, the State Government will invest $12.9 billion in infrastructure projects around Queensland. That figures includes $70 million in the dedicated Building our Regions program.

Here is where some of the government capital program funding will be spent:

The Treasurer also spoke about the government’s plans to attract new business and establish new industries. The budget provides $19 million to help establish a hydrogen industry in Queensland and initiatives to promote exploration, mining and exports from the north-west minerals province worth approximately $500 million. In 2019/20 the government will also establish CleanCo, its renewal and low-emissions electric generator.

The government has announced a $841 million surplus for 2018/19 and estimates $189 million surplus for 2019/20. While expected revenue will cover the predicted expenses over the next four year, the state’s debt is expected to rise to over than $90 billion.

To find out more about the 2019/20 Budget visit https://budget.qld.gov.au

$186 millionBruce Highway widening between Caloundra Road and Sunshine Motorway

$108 millionconstruction of bridges and approaches on the Bruce Highway south of Giru between Horseshoe Lagoon and Palm Creek.

$68.2 millionCairns Southern Access Corridor (Stage 3 (Edmonton to Gordonvale) and Stage 4 (Kate Street to Aumuller Street))

$60 millionMackay Ring Road (Stage 1)

$46.3 millionCairns Smithfield By-pass

$29.1 millionRockhampton Northern Access widening from two to four lanes (Stage 1)

$2.66 billionSupport the ongoing delivery of safe, secure, reliable and cost-effective energy and water supplies

$153.6 millionUpgrade dams and water supplies in South East Queensland

$30 millionPort of Townsville upgrades

RAIL$1.48 billionCross River Rail

$119.9 millionnew statewide public transport ticketing system

$50 millionBeerburrum to Nambour North Coast Line railway duplication

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WELCOME TO OUR NEWEST RPEQS

WELCOMEBPEQ extends a warm welcome to the following engineers who recently became registered:

MohamedMohammedMohamedJaredDavidMing WeiCoenTristenDominic JohnDaniel RaymondPeterCrispinJielJamesBrodyMichaelRobertoAnilMichaelDannyRebeccaAdamShaneRoyceAmyHaydarTamerMatthewSpyridonBehrouzAndreanneDavidStephenDiwashSenthinathFabrizioMartinDavidCeleste

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ABDALLAABUNADAAHMEDARMITAGEBAULDERSTONEBONGBOONZAAIERBREWBROCKBURTBUTCHARDCANNONCASECHERVATINCLARKDALEDI FABIODILMANDIMITROVSKIDOLZADELLIDOUGLASDOYLEELLIOTTERWINEVANSFALEHFARAGFLANIGANGERONTOPOULOSGHORBANIANGIGUEREGILBERTGIRAUDGOUNDARGOVINDARAJU THANGAVELUGRIZZANTIGROBLERHAMILTONHARRINGTON

StructuralBiomedicalStructuralMechanicalElectricalFire SafetyElectricalChemicalStructuralMechanicalElectrical ElectricalMechanicalElectricalCivilCivilStructural, CivilCivilMechanicalMechanicalElectricalCivilCivilCivilBiomedicalCivil, StructuralStructuralCivilManagement, CivilElectrical, ManagementCivil, StructuralMechanicalCivilElectricalCivilCivilElectricalChemicalCivil, Management

11The Board of Professional Engineers Newsletter, Issue 57 June 2019

BruceCeriLesleyBruceRobertChristopherBinayaBahtiyarAprameyaTraceyMatthewKiyoungFeifeiMarcusMatthewNavinKerrodSimonKhadar BashaDanielShabbinulMarianArashBeauCarlosGideonFabioDonaldJohnChristopherAndrewSyedCraigJohnAnthonyMahmoudHaroonHarjeevnClementsSimonRoganRolandTimothyTroyZabir Uddin HussainyJohnPaulHui

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HOLLANDHURLEYIRONSIDEJOHNSONJONESKALINOWSKIKARKIKAYMAKCIKHARIDI MOHANRAMKNIGHTKRONKKWONLILIGHTFOOTLYONMALLERMCPHERSONMEIERSMOHAMMEDMORGANMUIJIBNABIL ZAKI IBRAHIMNAZARI RADNORMANPALADAPARKERPARODIPIDSLEYPOLINPRESTQUINNRIZVIROBINSONROMANOUSSAKERSALAMASARDARSINGHSOOSAPILLASORBELLOSTEWARTSTONESTRONGSUTHERLANDSYEDTHOMASTRACEWANG

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THANK YOUBest wishes to the following RPEQs who have retired or resigned:

JohnKeithHarrydevJonathanGeoffreyDavidPaulRobertMelissaThomasRobertIanRichardAndrewDavidChandrakumarJohnJeremyJefferyGrahamDavid

ATKINSONBARRBOOTUNBRICECARTONEVANSFRANCISGAUDINGIBBONSGLASSHARCOURTHAWKSWORTHHEMPHILLHORTONHUTCHINSONKRISHNAPPAPETTIGREWROSENSMYTHTAYLORWALKER

BenjaminDominikMitchellDanielAndrew

2232322325223882236522327

WEEKSWEGRECKIWILLIAMSWILLISYAACOUB

StructuralCivilElectrical, Building ServicesMechanicalITEE

Don’t forget BPEQ is on LinkedIn and Twitter. To keep up to date with the latest news and events from BPEQ or to start a discussion on registration or engineering issues generally, click FOLLOW.

CONNECT WITH BPEQON LINKEDIN AND TWITTER

admin@bpeq.qld.gov.au

(07) 3210 3100

www.bpeq.qld.gov.au

Level 15, 53 Albert Street Brisbane 4000

PO Box 15213 CITY EAST QLD 4002

This newsletter is provided for general information only. It is not legal advice and should not be taken or relied upon as such. If you have any questions or concerns about your compliance with the Professional Engineers Act 2002 (Qld) or your general legal obligations as an engineer, you should obtain appropriate legal advice. The Board accepts no legal responsibility or liability for any loss you may suffer as a result of reliance upon the information contained in this newsletter.

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