Frequently Asked Questions
How long does the complaints investigation process take?
If a complaint goes to a Complaints Panel the investigation process may take several months. If the member appeals the decision made against him/her the time frame will extend beyond this.
How will I know how my complaint is progressing?
Throughout the process you will be kept generally informed, taking into account the provisions of confidentiality as set down in the Disciplinary Regulations.
Does Engineers Australia have to defer consideration of a complaint when there are concurrent legal proceedings?
Generally, it is a criminal offence to do anything likely to prejudice legal proceedings or interfere with the due administration of justice.
Disciplinary Regulation 5.4 requires that Engineers Australia not commence nor proceed with the consideration of a complaint if the matter complained about is in progress or likely to commence in a court of law, statutory authority, regulator or other legally constituted tribunal. Disciplinary Regulation 14.2(d) places the onus on complainants to advise of any legal or other tribunal proceedings concurrently in train.
Engineers Australia may seek the advice of its solicitors if it is made aware of concurrent legal proceedings.
How much does it cost to lodge a complaint?
There are no fees to lodge a complaint against a member.
Neither a complainant or witnesses may recover any sum from Engineers Australia in respect of expenses relating to a complaint.
How can I find out if a complaint has been made against a member?
Unless directed by law to do otherwise, Engineers Australia holds in confidence information about:
- a complaint having been lodged;
- the proceedings; and
- the outcome.
Who can I speak to about my complaint?
The disciplinary procedures set out the roles and responsibilities of both staff and office bearers in the handling of complaints.
Staff of Engineers Australia may provide general information on the disciplinary procedures but cannot comment nor enter into debate on your complaint.
Decisions relating to sanctions that may be applied are the sole responsibility of complaints or appeal panels.
Can a complainant appeal against a complaint being dismissed?
A complainant has no right of appeal to Engineers Australia. If a complainant is dissatisfied with the outcome of a disciplinary investigation they can seek resolution through other avenues such as arbitration, mediation, conciliation or direct court action.
A review of a disciplinary finding can only be requested if additional material comes to light that was not available during the investigation.
