The Victorian Professional Engineers Registration Act 2019 (the Act) makes the following definitions:
professional engineering service means an engineering service that requires, or is based on, the application of engineering principles and data—
(a) to a design relating to engineering; or
(b) to a construction, production, operation or maintenance activity relating to engineering—other than an engineering service that is provided only in accordance with a prescriptive standard;
And:
prescriptive standard means a document that states procedures or criteria—
(a) for carrying out a design, or a construction or production activity, relating to engineering; and
(b) the application of which, to the carrying out of the design, or the construction or production activity, does not require advanced scientifically based calculations;
However, the associated Guidelines on providing professional engineering services (the Guideline) has conflated the “does not require advanced scientifically based calculations” requirement for prescriptive standards with the requirement for professional engineering services:
As engineering is concerned with design, construction, production, operation and maintenance, the principles are based on applied science, such as physics and chemistry, and involve advanced scientifically based calculations.
Advanced scientifically based calculations include the science and mathematics calculations that are required for real world engineering applications and include:
• modelling – translating given physical or other information and data into mathematical form, into a mathematical model (a system of equations including differential equations or some other algebraic expression)
• solving – obtaining the solution by selecting and applying suitable mathematical methods and/or models (including computational), and in most cases doing computational analysis on a computer, and
• interpreting – understanding the meaning and the implications of the mathematical solution for the original problem in terms of physics – or wherever the problem comes from.
Just because a prescriptive standard cannot include advanced scientifically based calculations does not mean that a professional engineering service must include advanced scientifically based calculations. Hence I believe that this guideline does not align with the Act.
Also, this seems to conflict with other parts of the Guideline:
In a production setting …
A professional engineer designs the tools, processes and equipment required to turn raw materials into a desired product in the most efficient and economic manner.A technician executes the designs and specifications set by the professional engineer to implement and monitor the final production process.
That is, the professional engineer does the design and other engineers build it, regardless of the level of mathematics involved.
Also:
For the purposes of the Act, professional engineering services include any service that requires engineering judgement, knowledge and skill to provide professional and fit-for-purpose engineering services.
These services may include but are not limited to:
• providing consultation, evaluation, engineering studies, design of engineering works and systems, design drawings, specifications, modelling, simulations, reviews and advice and other technical submissions
• reviewing for the purposes of informing engineering decisions for the use or modifications of design or construction products such as drawings and specifications related to engineered works, and
• assessing proposed modifications that may impact the basis of design.
That is, the professional engineer works with anything requiring engineering judgement, regardless of the level of mathematics involved. This would include complex engineering problems (Washington Accord level) or broadly-defined engineering problems (Sydney Accord level). It would only exclude well-defined engineering problems (Dublin Accord level) – i.e. work only in accordance with a prescriptive standard.
The risk
In the footer of each page of the Guideline is the text “This guide must not be taken as legal advice”. So, as far as I can see, it will have no weight in a court of law.
I am concerned that this guideline will entrap people. Based on this guideline, someone will say “this work does not require advanced scientifically based calculations, therefore it does not require a registered professional engineer”. Then, if it all goes wrong, based on the Act the court will decide that it did require a registered professional engineer.
Recommendations
The Act should be updated (and possibly renamed) to recognise and assess engineering technologists, as well as professional engineers.
Engineering technologist work can be defined as “an engineering service that is provided only in accordance with a standard (performance-based or prescriptive)”.
The Guideline should be updated to distinguish between professional engineering services, engineering technologist services and other engineering services as (respectively):
- “beyond standards”
- “only in accordance with a standard (performance-based or prescriptive)”
- “only in accordance with a prescriptive standard”.