Professional Engineers Registration Board
The Professional Engineers Registration Board (PERB) is setup by the Professional Engineers Registration (Amendement) Act 2007. The relevent sections that stipulate the Establishment of the Board (Part II), the Powers and Functions of the Board (Part III) and the Responsibilities of the Board (Part IV) are as follows :
PART II.—PROFESSIONAL ENGINEERS REGISTRATION BOARD.
2. Establishment and Constitution of the Board.
A Professional Engineers Registration Board is hereby established.
(2) The Board shall comprise of the Council of the Institution.
(3) The Board may co-opt additional members as required for any specified period, but not exceeding the life of the Board, in order to carry out the functions of the Board.
3. Chairman and Deputy Chairman.
(1) The President of the Institution shall be the Chairman of the Board in an ex officio capacity.
(2) The Vice-President of the Institution shall be the Deputy Chairman of the Board in an ex officio capacity.
4. Tenure of office.
(1) A member of the Board shall be appointed for a period not exceeding one year, in accordance with the election of the Council of the Institution, and is eligible for reappointment.
(2) When the position of a member becomes vacant before the expiration of his term of office, the person appointed to fill the vacancy shall be appointed in accordance with Subsection (1).
(3) A member appointed under Subsection (2) holds office until the expiration of the term of the member whose position has become vacant.
5. Declaration of office.
6. Meetings of the Board.
(1) The Chairman or Deputy Chairman shall normally preside at all meetings of the Board, and in the event that both the Chairman and Deputy Chairman Are absent, the Board may elect a member to act as the Chairman.
(2) The Board shall meet at such times and places as in the opinion of the Chairman are necessary for the efficient conduct of its affairs.
(3) If requested to do so by not less than three members, the Chairman shall call a meeting of the Board as soon as practicable after receiving the request.
(4) At a meeting of the Board—
(a) four members shall form a quorum; and
(b) all matters before the Board shall be decided in accordance with a majority of votes; and
(c) the person presiding has a deliberative vote, and in the event of an equality of votes on a matter, also a casting vote.
(5) The Board shall cause minutes of its meeting to be kept.
(6) Subject to this Act, the procedures of the Board are as determined by the Board.
7. Indemnity of members of the Board.
A member of the Board or the Registrar is not personally liable for any act of the Board, of a member or of the Registrar acting as such, done in good faith.
7A. Disclosure of Interest
A member who has a direct or indirect interest in a matter being considered by the Board (otherwise than as a member of, and in common with the other members of, an incorporated company which has more than 25 persons and of which he is not a director) shall, as soon as the relevant facts have come to his knowledge, disclose his interest at a meeting of the Board.
A disclosure under Subsection (1), shall be recorded in the minutes of the Board and the member, shall –
8. Functions of the Board.
Subject to this Act, the functions of the Board are—
(a) the registration of a person qualified to be a registered engineer; and
(b) the provisional registration of a person qualified to be a provisionally registered engineer; and
(c) the deregistration of a person registered as a registered engineer or as a provisionally registered engineer; and
(d) on advice from the Institution, to determine the qualifications and standards of qualifications for registration and provisional registration in the various fields of professional engineering; and
(e) to conduct investigations into the activities and conduct of registered engineers or provisionally registered engineers.
(f) to conduct investigations into the activities of any person, Company, Statutory Body, Government Body or Organisation that undertakes, or employs others to undertake professional engineering works (including design work, investigations and other investigation carried out offshore).
9. Powers of the Board.
Subject to this Act, the Board has, in addition to the powers conferred on it by this Act, power to do all things that are necessary or convenient to be done for or in conjunction with the performance of its functions.
10. Fees.
(1) The Board shall set fees annually payable in respect of examination and of registration under this Act for the issuing of certificates of registration, re-registration, and for inspection of the Register.
(2) The Board shall cause a schedule to appear in the National Gazette during the month of December listing the fees payable under Subsection (1) together with closing dates.
PART IV.—REGISTRATION, QUALIFICATIONS AND RESPONSIBILITY.
11. Registrar of professional engineers.
(1) The Board shall appoint a person to be the Registrar.
(2) The Registrar shall be the Secretary of the Board.
12. Register of professional engineers.
(1) The Registrar shall keep a Register of registered engineers, in which shall be entered the name of each person registered under this Act, the qualifications by virtue of which he is so registered, any restrictions imposed, the place of practice, the postal address and such other particulars in relation thereto, as may from time to time be prescribed.
(2) The Registrar shall cause a list of all persons registered in accordance with Subsection (1) together with their postal address and any restrictions imposed, and a list of persons deregistered, to appear in the National Gazette as follows:—
(a) a list, which shall cancel all previous lists, of person currently registered shall appear annually during the month of January; and
(b) an addendum to the annual list, of persons subsequently registered, or deregistered, shall appear as required, but normally each month.
(3) The Registrar shall keep a Register of provisionally registered engineers together with such other particulars as may be required.
(4) The names of persons provisionally registered under Subsection (3) shall not appear in the National Gazette.
13. Minimum qualifications and identifying titles for registration.
(1) A person shall be qualified, subject to Section 8(d), to be fully registered as a registered engineer if he has the equivalent of four or more years of experience in his respective field of engineering considered satisfactory by the Board, since becoming academically qualified and holds a responsible position in connection with professional engineering work at the time of application and annual renewal.
(2) A person shall not be registered as a registered engineer unless he satisfies the qualification and experience requirements that would allow his election as a member of the Institution.
(3) A person who is registered under Subsections (1) and (2) may use the prescribed identifying title in full as registered engineer or in the prescribed abbreviated form Reg.Eng.
(4) A person who is academically qualified but does not meet the requirements under Subsections (1) and (2 ) and is participating in the Institution’s Graduate Professional Development Programme, unless exempted by the Board, shall be provisionally registered until he does meet such requirements.
(5) The Board may withhold registration from an otherwise Qualified person on the grounds that the person is not a resident of Papua New Guinea.
14. Applications for registration.
(1) A person may, in the prescribed form and in the prescribed manner, apply to the Board for registration.
(2) A person applying for registration under Subsection (1) shall furnish to the Registrar—
(a) personal details; and
(b) evidence of qualifications and work experience; and
(c) evidence of such other matters as the Board may require.
(3) Application for registration shall be accompanied by the prescribed application fee and must be lodged at least two months prior to the commencement of the relevant engineering work.
(4) The Board may require an applicant for registration to attend personally before the Board, and if he fails to attend as required, the Board may refuse the application.
(5) All applications for registration shall be held by the Registrar for a period of 3 years after expiry of registration at which time they may be destroyed.
15. Certificate of registration.
(1) A person registered under this Act shall, on the payment of the prescribed fee, receive a numbered certificate of registration under the hand of the Registrar and Chairman.
(2) A certificate issued under Subsection (1) shall be issued annually, or quarterly.
(3) A certificate shall not be issued for a person provisionally registered.
16. Refusal by the Board to register a person.
Where the Board refuses to authorise the registration of a person, or deregisters a person, the Board shall, if the person so requests, state in writing the reason for its refusal.
17. Exemption from registration.
(1) The Board may approve that a person, group of persons, or persons employed by certain organizations, or that certain classes or types of work, be exempted from the provision of this Act.
(2) The Board shall consider each case on its merits and make a decision accordingly.
(3) The decision of the Board is final.
(4) The Registrar shall cause details of an exemption to appear in the National Gazette at the same time as the lists appear as provided under Section 12.
(5) An exemption shall be applied for at least two months prior to the commencement of the engineering work and may be approved on an annual or quarterly basis.
(6) A certificate of exemption shall be issued, as provided for under Section 15(1) and (2), and the prescribed application fee shall be payable.
18. Fraudulent registration.
A person who, in connection with an application under this Act, makes a false or misleading statement or produces a false certificate, testimonial or other document, is guilty of an offence.
Penalty: A fine not exceeding K1, 000.00.
19. Change of address, etc., to be notified.
(1) A person registered under this Act who changes his name or the location of his place of business or his postal address must, within 21 days after the changes, notify the Registrar in writing.
(2) A person who contravenes or fails to comply with Subsection (1), is guilty of an offence.
Penalty: A fine not exceeding K40.00.
20. Deregistration or suspension of registration.
(1) The Board may cause to be removed from the Register the name of a person—
(a) whose registration has been obtained by fraud or misrepresentation; or
(b) who is convicted, whether in this country or elsewhere, of a crime, or of any offence that, in the opinion of the Board, renders that person unfit to practise professional engineering; or
(c) who is convicted of an offence under this Act; or
(d) who becomes of unsound mind as that expression is used in the Public Health Act (Chapter 226); or
(e) who ceases to hold the qualifications by reference to which that person was registered; or
(f) who fails to pay the prescribed fee; or
(g) who fails to comply with the Code of Ethics as established by the Institution; or
(h) who is found by the Board to have been guilty of—
(i) disgraceful or improper conduct in his professional capacity; or
(ii) allowing a person other than a registered person to practice in his name as a registered engineer or as a provincially registered engineer; or
(iii) directly or indirectly giving or offering to a person any valuable consideration for securing or attempting to secure for himself employment or work as a registered engineer or as a provincially registered engineer; or
(iv) refusing or failing to comply with any rules made by the Board under this Act.
(v) failing to comply with Section 19(1).
21. Complaints to the Board.
(1) Where a complaint is made to the Board against a registered engineer or a provincially registered engineer for improper professional conduct, any person, Company, Statutory Body, Government Body or Organisation for a breach or breaches of the Act or in any case where the Board thinks advisable, the Board may hold an inquiry.
(2) At an inquiry under Subsection (1) the registered engineer or a provincially registered engineer or an individual, Company, Statutory Body, Government Body or Organisation concerned may be represented by a lawyer or agent, who may examine witnesses and address the Board on behalf of registered engineer or a provincially registered engineer or an individual, Company, Statutory Body, Government Body or Organisation.
(3) In conducting the inquiry, the Board –
(a) has the powers of a Commission of a Commission of Inquiry under the Commission of Inquiry Act (Chapter 31), but may otherwise determine its own powers when enquiring into complaints of improper conduct or breaches of the Act and must observe the rules of natural justice in carrying out an inquiry; and
(b) is not bound by technical rules of evidence or of legal procedures, but may inform itself in a manner as it thinks fit.
(4) Pending the holding of the inquiry, the Board may suspend the registration of the engineer, but in no case shall the period of suspension exceed the twelve months.
22. Board to record its findings on which the decision was made.
(1) Following an inquiry, the Board shall—
(a) record the findings on which the decision was based and its reasons; and
(b) if the engineer so requests, furnish a copy of the findings and reasons.
(2) The decision of the Board is final.
22A. Power of the Board to impose penalties.
Where the Board has made findings that an engineer has been guilty of improper conduct as an engineer, not withstanding Section 20 and Section 21 (4) if this Act, the Board may impose any one or more of the following penalties :
- admonish or reprimand the engineer; or
- order the suspension of his registration; or
- order the cancellation of his registration and order the removal of his name from the Register; or
- order that his application for registration be refused; or
- impose a monetary penalty no exceeding K 10,000.00; or
- order the engineer to pay compensation, in cash and kind, to the other person concerned; or
- order the engineer to complete such course of education as the Board determines; or
- order that the engineer makes his practice and books of accounts relating to this practice available to such persons and at such times as the Board determines; or
- order the engineer to report on the conduct of his practice at such times and in such form as the Board determines; or
- order the engineer to take advise of the management and conduct of his practice from such persons and for such period as the Board determines; or
- order the engineer not to accept work or to hold himself out as accepting work in the area of the practice of engineering specified by the Board; or
- order that the engineer employ in his practice a member of a class of persons specified by the Board; or
- order that the engineer not employ such persons as specified by the Board; or
- order that the engineer perform work for such persons within such time and for such fees, if any, as the Board determines; or
- order that, subject to conditions determined by the Board, the engineer waivers and lien he possesses as an engineer; or
- order that the engineer reduce his fees in respect of any work carried by him where this fees are the subject of any inquiry by the Board; or
- order that the engineer pay the cost of the hearing.
Where the Board has made findings that a person, Company, Statutory Body, Government Body or Organisation is guilty of a breach or breaches of this Act, it may impose any one or more of the following penalties :-
- admonish or reprimand the individual or the party; or
- order the registration or engineers; or
- impose monetary penalties as specified in this Act; or
- order the party or parties to pay the cost of the hearing.
IEPNG's Professional Engineers
(Registration) Act  made
by Parliament of Papua New Guinea outlines the following:
Click here for the web version of the Professional
Engineers (Registration) Act
Being an Act—
(a) to provide for the establishment of a Professional Engineers
Registration Board; and
(b) to provide for the registration of professional engineers; and
(c) to provide for a Registrar of registered engineers; and
(d) to provide for the regulation and control of the profession
of engineering; and
(e) to reserve identifying titles for registered engineers; and
(f) for related purposes.
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