Settlement by Agreement [Reference s.22A-4 and s.22A-5]
In October 2016, the Board successfully settled a professional conduct matter by agreement with two licensed surveyors who are employed by the same firm. The licensed surveyors had previously each admitted to have engaged in unprofessional conduct in respect of their failure to comply with Regulation 16 Surveying (Cadastral Surveys) Regulations 2015.
The matter arose from the Board's consideration of the licensed surveyors' business relationship with an unlicensed surveyor. Specifically, from the list of almost 175 job numbers that they provided to the Board, it was noted that approximately 30 Records of Having Re-established a Cadastral Boundary (RE Plans) were prepared by the firm and signed by the two licensed surveyors.
The Board also noted that the date of signing the RE Plans and subsequent lodgement of those plans with the Office of Surveyor-General Victoria (OSGV) was generally more than 60 days after the date of each survey, in breach of Regulation 16. Similarly, their failure to lodge RE Plans with the OSGV for all the other jobs on the list of jobs done for the unlicensed surveyor where a re-establishment survey was performed, was also in breach of Regulation 16.
Both licensed surveyors accepted the opportunity to settle the matter by agreement with the Board on the basis of their admissions that they had engaged in unprofessional conduct in relation to their breach of Regulation 16 Surveying (Cadastral Surveys) Regulations 2015.
The outcome being that both licensed surveyors lodged the outstanding RE Plans with the OSGV and agreed to alter the way in which they practise as licensed surveyors by undertaking to lodge RE Plans within 60 days of performing a cadastral survey as required under Regulation 16.
The licensed surveyors also undertook to comply with the terms of the agreement made with the Board and acknowledged that breach of the undertaking may result in the Board taking any action that is necessary to implement the agreement or instituting a formal hearing into their professional conduct in accordance with s.22A(3) of the Surveying Act 2004.