Summary of Engineers Reform

As the construction and engineering sectors continue to evolve, the "Practice Standard for Professional Engineers 2024" serves as a guide for professionals navigating the complexities of regulatory compliance and ethical responsibility. The document outlines the essential practices, legal obligations, and professional duties that define the role of Professional Engineers under the Design and Building Practitioners (DBP) Act. The standard not only emphasises the technical requirements but also reinforces the ethical and legal frameworks that ensure safety, integrity, and excellence in engineering practices across NSW.

Below, we provide a comprehensive summary that details the roles and responsibilities covering "Practice Standard for Professional Engineers 2024" across the various stakeholders involved in the delivery of building and construction projects such as:

• Consultants
• Builders
• Certifiers
• Developers
• Landowners

Below we highlight all key stakeholders mandatory call to action as we bring industry awareness of the new reforms to take effect from September 1st, 2024:

Consultants

• Registration Requirements: Under the DBP Act, registration is required in six specific areas of engineering for those engaging in professional engineering work:

1. Civil engineering
2. Electrical engineering
3. Fire safety engineering
4. Geotechnical engineering
5. Mechanical engineering
6. Structural engineering

• Compliance with Practice Standards: Compliance is mandatory for registration under the DBP Act when performing professional engineering work.
• Ethical and Professional Responsibilities: Professional Engineers must uphold honesty, integrity, and good faith, avoiding discrimination and actions that could harm the profession's reputation. They are responsible for prioritising community health and safety, identifying risks, implementing management strategies, and minimising environmental impacts.
• Legal and Disciplinary Consequences: Failing to meet the requirements can result in disciplinary actions such as suspension or cancellation of registration and may incur a fine up to $33,000.
• Fit for Purpose: All engineering work must comply with the 'fit for purpose' requirements outlined in the DBP Act.
• Advisory Role: Engineers can provide advice on regulated buildings but cannot prepare designs or make compliance declarations unless registered as a design practitioner.
• Expert Witness Role: Engineers may serve as expert witnesses in legal proceedings. Providing false information in this role is a criminal offence, potentially leading to imprisonment or fines.

Builders:

• Collaboration with Engineers: Builders must ensure that work aligns with the designs prepared by Professional Engineers and that workshop drawings reflect the construction documents accurately.
• Site Coordination: Builders should facilitate clear communication and regular interactions with engineers to ensure alignment and compliance with the project's technical requirements.

PCA (Principal Certifying Authority):

• Advisory to Engineers: Certifiers must advise engineers on matters related to development consent that are outside the engineer's expertise but necessary for compliance with the National Construction Code (NCC) and standards.
• Compliance Certification: If expert advice is needed, certifiers may require clients to engage appropriate professionals to test and review constructed work, ensuring compliance with the NCC and other standards.
• Engineering Work Review: Any constructed work classified as 'professional engineering work' under the DBP legislation must be reviewed by a Professional Engineer, with necessary inspections communicated to the certifier.

Developers/Landowners:

• Registration Requirements for Engineers: Developers must ensure that engineers are registered under the DBP Act to perform professional engineering work on regulated buildings in NSW.
• Supervision and Registration Scope: Unregistered engineers can perform work under the supervision of a registered Professional Engineer. Engineers are authorised only within their registered specialties.
• Project Scope and Non-Compliance Issues: Developers should negotiate the project scope with engineers, ensuring all non-compliances identified during a project are documented for future reference and risk management.