Settlement by Agreement [Reference s.22A-7]
In October 2019, the Surveyors Registration Board of Victoria (the Board) considered a report by an independent investigator who had been appointed by the Board to conduct a preliminary investigation into a complaint lodged against a licensed surveyor by a member of the public.
The complaint alleged that delayed responses by the licensed surveyor were unacceptable and resulted in a lack of progress of a potential adverse possession claim and easement removal application.
The investigator’s report recommended that the complaint ought not to proceed further, however the Board determined not to act on that recommendation under the provisions of s.22(2) of the Surveying Act 2004. Instead, the Board identified that there was scope under the provisions of s.22A of the Surveying Act 2004 to arrange to settle the matter by agreement between the licensed surveyor and the Board.
Subsequent to acceptance by the licensed surveyor of the opportunity to settle the matter with the Board, an agreement was executed on 13 July 2020 to the effect that the licensed surveyor agreed to:
• Provide a record of having re-established a cadastral boundary (RE plan) for the survey of the site.
• Ensure that they prepare RE plans for all surveys they or their company undertake, whether or not the surveys are expected to proceed to registration as subdivisions or other applications.
• Provide evidence of the procedures and other documentation that demonstrate the measures have been taken to ensure matters similar to those reflected in the complaint are not repeated.
• Provide the above by 31 July 2020.
Further, the licensed surveyor was advised that this notice was to be published on the Board’s website. The licensed surveyor provided the above requirements by the due date to the satisfaction of the panel and the matter is now closed.