Practising engineers in Queensland must be registered. Registration is required by law for those performing ‘engineering’ services and the types of work that fall into the definition of engineering is surprisingly broad.
Prosper Law has worked with engineering firms across Australia and overseas to ensure they comply with Queensland registration requirements. This article, written by our engineering lawyer, addresses some of the key questions and issues faced by engineers or those performing engineering-like services when it comes to RPEQ.
Key Takeaways
- The statutory registration scheme for engineers in Queensland is known as RPEQ. RPEQ is regulated by the Board of Professional Engineers of Queensland
- RPEQ is mandatory in Queensland, but not all Australian States require registration
- Unregistered engineering work is unlawful, but sometimes figuring out what is ‘engineering’ can fall into a grey area
- If a perform is performing work that involves engineering judgement or calculations (such as verification, certification or investigation) for a Queensland project, they should hold RPEQ
- There are some exceptions to the requirement to hold RPEQ, including that the person is working only to a prescriptive standard or that they are working under the direct supervision of someone that holds RPEQ
We’ve developed the flowchart below to help you to determine whether the work you are doing requires RPEQ registration.
RPEQ Decision Flowchart: Do You Need RPEQ in Queensland?
(Engineering judgement, calculations, design, verification, certification or investigation)
(No engineering judgement involved)
(Applies even if performed interstate or overseas for a Queensland project)
(No Queensland nexus)
(No advanced calculations beyond the document)
(Prescriptive-standard-only work)
(Directs, oversees, evaluates and accepts responsibility)
(RPEQ actively supervises and accepts responsibility)
(Must hold RPEQ before carrying out the work)
What is 'engineering' that requires RPEQ registration?
Under the Professional Engineers Act 2002 (Qld), to provide a “professional engineering service,” a person must be RPEQ (practising) or be directly supervised by an RPEQ. This can be determined if all three limbs below are met in relation to the services:
- the service is a “professional engineering service” (i.e. requires or is based on engineering principles and data applied to design, construction, production, operation or maintenance)
- the work is carried out in Queensland or for Queensland
- the work is not provided only in accordance with a prescriptive standard
If all three limbs are met, RPEQ registration (or direct supervision) is required.
“Professional engineering service” is defined as:
“an engineering service that requires, or is based on, the application of engineering principles and data to a design, or to a construction, production, operation or maintenance activity, relating to engineering, and does not include an engineering service that is provided only in accordance with a prescriptive standard.”
Examples of services that are professional engineering services
The following are examples of services that would be likely to fall within the definition of professional engineering services and would therefore require RPEQ registration (or the direct supervision of an RPEQ):
- independent application of engineering theory to safeguard life, property, and the environment
- the selection and verification of specialist software
- benchmarking designs against published engineering standards (e.g. AS 1940, AS 2067, AS 2885.1/6, ISO 31000) or other technical standards
- designing or modifying structures, systems, machinery, plant, equipment or processes
- verifying, certifying or approving engineering work or changes
- investigations and reports that involve engineering analysis and calculations
Such tasks require advanced engineering judgement and cannot be executed by laypersons. Therefore, the prescriptive-standard exemption is unlikely to apply to these kinds of services.
Exceptions to the RPEQ Requirement
Where tasks are purely clerical, automated, educational, or unrelated to Queensland, RPEQ may not be required. Alternatively, if the person is simply following a standard, the prescriptive standard exemption may apply. We discuss this standard below.
“Prescriptive Standard” Exemption
A service can escape the registration requirement only if it is provided solely in accordance with a standard that can be followed (without advanced calculations or judgement). This exemption is included within the definition of “professional engineering service” that we have set out above in this article. An example of a standard that is referenced in the Act is the AS 1684 Timber framing code.
Once judgement, interpretation or multi-standard analysis enters the picture, direct RPEQ engagement or supervision becomes mandatory. In other words, if you need to choose between standards, interpret requirements, or undertake calculations beyond what is set out in the standard, you’re probably not going to be able to rely on this exception.
Direct Supervision by an RPEQ
Under s 115(2) of the Professional Engineers Act 2002 (Qld), a person does not commit an offence if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is responsible for the services. To rely on this pathway, you must be able to demonstrate that an RPEQ:
- directs the non-RPEQ’s performance of the service;
- oversees the service as it is carried out;
- evaluates the service on completion (not merely signs off); and
- accepts professional responsibility.
Unless daily involvement and records exist, the statutory “direct supervision” test is unlikely to be satisfied for the purposes of meeting s 115(2) of the Professional Engineers Act 2002 (Qld).
For example, if a NSW-based RPEQ supervises Queensland work, they should only do so if they are registered in the relevant area and exercise real, continuous involvement in directing, reviewing, and accepting responsibility for the work. Nominal or remote oversight is insufficient and creates legal risk.
How Has Prosper Law Helped Engineers?
Prosper Law’s Director, Farrah Motley, has worked as in-house counsel, and continues to provide services, for Australian and international engineering firms.
We had one client approach us who was uncertain whether the services they were providing for Queensland projects were ‘engineering services’ that required RPEQ registration. We looked at their client reports and the nature of the work they were doing, as well as how they went about performing their services. We gave advice that concluded that the work was engineering services.
Our advice allowed the client to take comfort that they were doing the right thing in investing in RPEQ registration for their engineers. It also helped them avoid costly consequences of not having appropriate insurance or falling short of the Queensland legislation.
Frequently Asked Questions
What does “professional engineering service” actually mean in practice — and where do engineers get caught out?
In practice, a “professional engineering service” is not limited to final designs or signed certificates. It’s broader than that and captures any engineering service that requires you to apply engineering principles, data and professional judgement.
We see clients get caught out when they assume that they are only doing engineering work if they are certifying something. We’ve also seen clients try to avoid their work being classed as engineering services in a contract by adding a statement that the work is not engineering services and an engineer should verify the work.
The following are examples of things that you may think are not engineering services, but they may well be:
reviewing or checking another engineer’s design
verifying calculations prepared by others
approving or endorsing design changes
selecting which Australian Standard applies to a project
modifying existing designs to suit site conditions
preparing investigation reports that involve engineering analysis
Can someone be a “designer” or “reviewer” without holding RPEQ if they don’t certify the work?
Yes, but only in very limited circumstances. This is where we see organisations misunderstand the law.
It’s not about certification. A person can be carrying out a professional engineering service even if they never sign a certificate, drawing, or report. The Act is concerned with who performs the engineering work, not just who signs the final output or ‘deliverable’.
A “reviewer” who meaningfully assesses engineering adequacy or compliance is not merely performing a clerical function. Similarly, a “designer” who prepares technical content for later sign-off is still providing a professional engineering service.
The only circumstances where an unregistered designer or reviewer can lawfully perform this work are where:
the work is provided only in accordance with a prescriptive standard, or
the person is working under direct supervision of an RPEQ who actively directs, oversees, evaluates the work and accepts responsibility for it
The absence of certification does not, by itself, remove the RPEQ requirement.
What does “direct supervision” by an RPEQ actually require — and what is not enough?
“Direct supervision” is one of the most misunderstood concepts. It requires more than availability, seniority, or final approval. For supervision to be “direct”, the supervising RPEQ must:
Direct the work, including scope, approach and methodology
Oversee the work as it is carried out, not merely at the end
Evaluate the work, including assumptions, calculations and conclusions, and
Accept full professional responsibility for the work
It’s not enough to simply provide your final sign-off after the work is complete, or be ‘on call’ if the person doing the work has a question.
Supervision must be active, contemporaneous and documented. In practice, this means evidence of involvement during the work process.
Importantly, the supervising RPEQ assumes personal professional responsibility for the work. If supervision is inadequate, both the unregistered engineer and the RPEQ may be exposed to legal risk.
Who is legally exposed if unregistered engineering work is carried out — the individual, the company, or both?
Potentially both a company and an individual can be liable for unregistered engineering work.
An individual who carries out a professional engineering service without being registered or properly supervised commits an offence. However, exposure does not stop there. Companies can also face liability for permitting or facilitating unlawful work, as well as directors and senior managers.
There are also other downstream risks that may follow. For instance, certifications being invalid or unenforceable, breaching contract, project delays or rework or being uninsured.
In other words, RPEQ compliance is not just a registration issue but a risk for the entire business. We recommend being on the safe side and obtaining RPEQ registration. We wrote this article which explains the process of obtaining RPEQ registration.
