On July 1, 2021, the Professional Engineers Registration Act 2019 (the Act) was introduced as a guide to professional engineers on the dates by which they must be registered when providing professional engineering services within a specific area/s of engineering in Victoria. 

Though registration in the areas listed below must occur by the relevant dates, any professional engineer who wishes to provide services in Victoria must be endorsed to do so with the Business Licensing Authority (BLA) by December 1st, 2023. It is important to note that Bayside Group has been in in communication with the BLA, who has confirmed that registration with the BLA is not being limited to specific sectors. This means that all individuals wishing to provide professional engineering services must be registered/licensed by December 1st, 2023.

The BLA is not responsible for the enforcement of registration/licensing for those proving professional engineering services to the building industry. Instead, this is enforced by Consumer Affairs, and practicing unlicensed may result in criminal enforcement in the future. Unlicensed engineers practicing after December 1st, 2023 will have no access to personal indemnity insurance. This means that if a company has relied on unlicensed services that result in defective design , the company may be responsible for the costs of future negligence claims, delays and cost blowouts.

When it comes to a draftsperson, registration is not mandatory, so long as they are working to prescriptive standards, for example the applicable Australian Standards or legislation. 

The purpose 

As the then Engineers Australia Victoria General Manager Alesha Printz said at the time, the bill would provide for more stringent regulation regarding the use of the title ‘engineer’. 

“At the moment, anyone can call themselves an engineer, no matter what qualifications they have – if any – and whether or not they maintain competence through regular CPD,” she said. 

“That’s just not right, and community safety and consumer protection is suffering as a result… (now) only competent, qualified engineers will be able to call themselves a professional engineer.” 

Alongside Victoria, NSW has also implemented mandatory registration in specified areas of engineering, with both states now joining Queensland which has had mandatory registration in place for the past 90 years. 

Why is this important now? 

Despite coming into effect last year, mandatory registration for several of the prescribed areas of engineering are almost upon us. These areas and their mandatory registration dates are as follows: 

• Civil engineer, 1 October 2022 
• Structural engineer, 1 October 2022 
• Electrical engineer, 1 June 2023 
• Mechanical engineer, 1 December 2023 

If an individual is not registered with the BLA by the date when registration becomes mandatory for their area of engineering, they will not be legally entitled to provide professional engineering services in or for Victoria after that date. 

What employers need to do 

All Victorian employers will need to ensure any individual within their workforce who is providing professional engineering services in Victoria is registered by the above specified date. If they wish to provide services to the building sector, they will also require endorsement from the BLA. 

In Victoria, much like Queensland, registration requires an assessment of eligibility, which can be performed by an assessment entity, such as Engineers Australia. This entity will assess an individual’s qualifications, years of experience, detailed CV, referees and will undergo an interview. After determining appropriate competency to ensure eligibility requirements are met, the assessment body will issue an eligibility letter. This eligibility letter is then used to apply to the relevant government agency. 

This varies to NSW’s assessment process, which has three proposed methods of assessment. 

To ensure that registration is completed by the required date, it’s recommended that individuals begin the registration process early, lodging applications for registration with the BLA at least three months prior.

If an individual is already registered with the Victorian Building Authority (under the Building Act 1993) as a building practitioner in the category of engineer, registration will automatically be transferred to the BLA, and you will be registered and endorsed under the Professional Engineers Registration Act 2019. 

Mutual recognition 

Mutual recognition law is set by the Mutual Recognition Act 1992, which entitles an individual who is registered as an engineer in one state to be registered as an engineer in another. For example, an engineer already registered in Queensland would still need to apply for registration in Victoria, but mutual recognition means that the initial assessment of a person’s eligibility for registration as an engineer may only need to happen once for practise in both states. 

Engineers who believe they qualify for mutual recognition should contact the registering body in the state they wish to be registered in. 

If you’re looking for engineering staff, partner with the specialists and contact Bayside Group today.