Professional Engineers Registration Act 2019

This page provides general information and shouldn't be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

The Professional Engineers Registration Act 2019 establishes a scheme for the registration of professional engineers. The Act requires you to be registered with the Business Licensing Authority to provide professional engineering services in Victoria.

Cases we can hear

An affected person can apply to VCAT for a review of any of the following Business Licensing Authority decisions about licensing:

• refuse an application for registration in any area of engineering or an application for endorsement of a registration
• impose conditions (other than prescribed conditions) on a registration or an endorsement of a registration
• refuse to renew a registration or an endorsement of a registration.

An assessment entity may apply to VCAT for a review of any of the following Business Licensing Authority decisions about assessment schemes:

• refuse to grant an application for approval
• suspend or cancel the approval of an assessment scheme administered by the assessment entity.
• grant an application for approval of a proposed assessment scheme with conditions.

The Director of Consumer Affairs can also apply to VCAT to decide whether a disciplinary ground is established. Only the Director of Consumer Affairs can make an application to VCAT for disciplinary action. VCAT has no jurisdiction to review a decision of the Director of Consumer Affairs to apply or not apply for disciplinary action. 

Legislation that gives VCAT the power to hear these applications

Sections 27, 52 and 60 of the Professional Engineers Registration Act 2019

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must apply for a review of a decision about licensing or an assessment scheme within 28 days of the decision. 

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

Putting the original decision on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so. 

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

What can VCAT order?

Unless the Act gives VCAT different powers, VCAT can:

• affirm the original decision, in which case it will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

If VCAT decides that a disciplinary ground is established for a registered professional engineer, VCAT may make orders:

• for the registered professional engineer to pay a penalty of not more than equivalent to 200 penalty units
• reprimanding the registered professional engineer
• imposing a condition on the registered professional engineer’s registration, including to submit an audit of the engineer’s practice of engineering
• varying a condition (other than a prescribed condition) on the registered professional engineer’s registration
• suspending or partially suspending the registered professional engineer’s registration for a stated period
• cancelling the registered professional engineer’s registration
• disqualifying, indefinitely or for a stated period, the registered professional engineer from obtaining registration as a registered professional engineer
• directing the registered professional engineer do a specified thing, including to rectify or completed specified building work; or, not to do something specific
• requiring registered professional engineer successfully complete a specified course of training within a specified period
• requiring the registered professional engineer pay an amount to the Director of Consumer Affairs as compensation for the Director’s reasonable costs of any investigation about the matter subject to proceedings, including the costs of preparing for the proceeding.

If VCAT decides that a disciplinary ground is established against a person who is not a registered professional engineer at the time of the decision, VCAT may make orders:

• for the person to pay a penalty up to the equivalent of 200 penalty units
• reprimanding the person
• disqualifying the person, for an indefinite or stated period, from obtaining registration as a registered professional engineer.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.