Victorian Consolidated Legislation

Surveying Act 2004 - SECT 27

Findings and determinations of a formal hearing

27. Findings and determinations of a formal hearing



(1) After considering all the submissions made to a formal hearing into the
professional conduct of a licensed surveyor, the panel may find that-

   (a)  the licensed surveyor has, whether by act or omission, engaged in
        unprofessional conduct of a serious nature; or

   (b)  the licensed surveyor has, whether by act or omission, engaged in
        unprofessional conduct which is not of a serious nature; or

   (c)  the licensed surveyor has not engaged in unprofessional conduct.

(2) If the panel finds that the licensed surveyor has, whether by act or
omission, engaged in unprofessional conduct of a serious nature, the panel may
make one or more of the following determinations-

   (a)  caution the licensed surveyor;

   (b)  reprimand the licensed surveyor;

   (c)  require the licensed surveyor to undertake further education or
        training of the kind stated in the determination and to complete it
        within the period specified in the determination;

   (d)  impose, amend, vary or revoke any conditions, limitations or
        restrictions on the registration of the licensed surveyor;

   (e)  require the licensed surveyor to rectify a faulty survey;

   (f)  impose a fine on the licensed surveyor of not more than $2000;

   (g)  suspend the registration of the licensed surveyor for the period
        specified in the determination;

   (h)  cancel the registration of the licensed surveyor.

(3) If the panel finds under subsection (1)(b) that the licensed surveyor has,
whether by act or omission, engaged in unprofessional conduct which is not of
a serious nature, the panel may make any determination referred to in
subsection (2)(a), (b) or (c).

(4) The panel must not impose a fine where the conduct which is the subject of
the finding has resulted in a fine being imposed by another tribunal or court
of law.

(5) If the panel has made an order under subsection (2)(c), (e) or (f) and the
licensed surveyor has not complied with the order within the time specified in
the order, the Board may suspend the licensed surveyor's registration until
the order is complied with.