Western Australian Consolidated Acts

LICENSED SURVEYORS ACT 1909 - SECT 21

21 .         Power of Board to deal with misconduct

        (1)         There is proper cause for disciplinary action in respect of a licensed surveyor if —

            (a)         he has falsely or negligently certified in respect of an authorised survey; or

            (aa)         he has falsely or negligently certified in respect of any plan, diagram, map or other document required or authorised under this Act or any other written law to be certified by a licensed surveyor; or

            (b)         he wilfully or by negligence has made, or caused to be made under his supervision, any survey which is so inaccurate or defective as to be unreliable; or

            (ba)         he has, in the course of surveying practice, been guilty of incompetence or negligence; or

            (c)         his certificate of competency, licence or practising certificate has been obtained by fraud; or

            (d)         after being licensed under this Act, or any repealed Act relating to the licensing of surveyors, he has been convicted of any indictable offence, or offence under this Act or under regulations made under section 26; or

            (e)         he has been guilty of a contravention or attempted contravention of section 20; or

            (f)         he has been guilty of unprofessional conduct; or

            (fa)         he has disobeyed any order made under this subsection; or

            (g)         his certificate, licence, practising certificate or registration in any reciprocating State or in any other country has been suspended or cancelled in such reciprocating State or country.

        (1aa)          If, in a proceeding commenced by an allegation under section 20B against a licensed surveyor, the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may make an order — 

            (a)         reprimanding or cautioning that person;

            (b)         imposing on that person a fine not exceeding $1 000;

            (c)         imposing conditions on the licence or practising certificate, or both, of that person, if that person is — 

                  (i)         still a licensed surveyor; or

                  (ii)         an applicant for a licence or practising certificate, or both, or for the renewal of a practising certificate;

            (d)         suspending the licence or practising certificate of a person who is still a licensed surveyor and his entitlement to apply for a renewal of that practising certificate, if any, or for another licence or practising certificate — 

                  (i)         for such period not exceeding 3 years as is specified in the order; or

                  (ii)         until any condition referred to in paragraph (c) has been complied with,

                whichever is the shorter period;

            (e)         suspending the entitlement of a person who is no longer a licensed surveyor to apply for another licence — 

                  (i)         for such period not exceeding 3 years as is specified in the order; or

                  (ii)         until any condition referred to in paragraph (c) has been complied with,

                whichever is the shorter period;

            (f)         if that person is still a licensed surveyor, cancelling his licence;

            (g)         if that person is not still a licensed surveyor, cancelling his entitlement to apply for another licence; or

            (h)         if that person is still a licensed surveyor, cancelling — 

                  (i)         his practising certificate; or

                  (ii)         his entitlement to apply for a renewal of his expired practising certificate or for another practising certificate,

                or make in relation to that person any 2 or more of the orders referred to in paragraphs (a) to (h) and applicable to that person and, if the State Administrative Tribunal thinks fit, make any one or more of the orders specified in subsection (1a) in relation to that person.

        (1a)         The orders specified in this subsection are — 

            (a)         an order that the person concerned correct any error within such reasonable period as is specified by the State Administrative Tribunal;

            (b)         an order that the person concerned pay to the Board or to any other person specified in that order the cost of correcting any error; and

            (c)         an order that the person concerned provide the Board with a performance bond or bank guarantee to meet the anticipated cost of correcting any error.

        [(2)         deleted]

        (3)         For the purposes of subsection (1)(ba), surveying practice includes the creation of plans, diagrams and maps from the results of, or for the purposes of, an authorised survey.

        (4)         The Board shall erase from the register the name of a person whose licence, or whose entitlement to apply for another licence, is cancelled under subsection (1aa)(f) or (g).

        (5)         A person whose licence, or whose entitlement to apply for another licence, is cancelled under subsection (1aa)(f) or (g) is not entitled to apply under section 7 for the issue of a licence.

        (6)         The State Administrative Tribunal may, on the application of the Board or a person — 

            (a)         who holds a licence or practising certificate suspended, and whose entitlement to apply for a renewal of that practising certificate, if any, or for another licence or practising certificate is suspended, under subsection (1aa)(d), terminate those suspensions;

            (b)         whose entitlement to apply for another licence is suspended under subsection (1aa)(e), terminate that suspension;

            (c)         who held a licence cancelled under subsection (1aa)(f), order that the Board issue a fresh licence to that person;

            (d)         whose entitlement to apply for another licence has been cancelled under subsection (1aa)(g), order that the Board issue a fresh licence to that person; or

            (e)         who held a practising certificate cancelled under subsection (1aa)(h) or whose entitlement to apply for the renewal of an expired practising certificate or for another practising certificate has been cancelled under subsection (1aa)(h), order that the Board issue a fresh practising certificate to that person,

                and may in so doing order that the Board subject a licence or practising certificate, or both, held or to be held by that person to such conditions as the State Administrative Tribunal thinks fit to impose.

        (7)         The Board shall cause to be notified in the Gazette  — 

            (a)         any action taken against a person under subsection (1aa); and

            (b)         the granting of any application referred to in subsection (6).

        (8)         A licensed surveyor whose practising certificate is suspended under this section is not obliged to renew that practising certificate while it is suspended.

        (9)         If a licensed surveyor whose practising certificate is suspended under this section wishes to make authorised surveys when that suspension ceases, that licensed surveyor shall, unless he has already paid the amount of the prescribed fee payable for the issue or renewal of that practising certificate for the standard period in which that cessation takes place, transmit the amount of the prescribed fee for a standard period to the Board before making or attempting to make an authorised survey.

        (10)         A licensed surveyor whose practising certificate is cancelled or is suspended under this section for a period of not less than 30 days shall, within 14 days after that cancellation or suspension, return that practising certificate to the secretary.

        Penalty: $1 000.

        [Section 21 amended by No. 79 of 1996 s. 19; No. 24 of 2000 s. 21(1); No. 55 of 2004 s. 652; No. 70 of 2004 s. 82.]