Complaints to the Institution of Surveyors NSW can only consider whether a member has engaged in improper conduct.
'Improper conduct' includes:
Complaints against members of The Institution of Surveyors NSW are handled in line with the guidelines set down from time to time by the Survey Practice and Legislative Sub-Committee.
If you are dissatisfied with the work or behaviour of a member of the Institution of Surveyors NSW Inc. there are a number of steps you can take to try and resolve your concerns.
The first is to raise your concerns direct with the person you have engaged. Do this verbally first and then in writing if you are still dissatisfied.
The Institution of Surveyors NSW Inc. is not able to deal with complaints about contractual or legal matters. The appropriate avenue for dealing with such matters is either via an alternative dispute mechanism such as a community justice centre, mediation or arbitration or through direct court action.
The Institution of Surveyors NSW Inc. disciplinary processes are confined to making sure that members maintain appropriate surveying standards and conduct themselves in accordance with the values and principles of the Code of Ethics. The disciplinary processes do not provide a process for conciliation or dispute resolution.
A complaint about Fees can be made to the Institution of Surveyors NSW, directed to the Professional Fees Sub-committee. The committee will investigate the case of disputed Fees, adjudicate, act as a tribunal, and seek to mediate a resolution for the parties involved, separate to any matter of standards or ethics. Obviously this requires a level of agreement and compromise from both parties involved.
Anyone can lodge a complaint against a member of The Institution of Surveyors NSW Inc.. All complaints must:
Complaints should be addressed to:
The Survey Practice and Legislative Sub-Committee
The Institution of Surveyors NSW Inc.
PO Box 104
DARLINGHURST NSW 2000
Please note: The Institution of Surveyors NSW Inc. is not able to deal with complaints against non-members.
On receipt of your complaint the Institution of Surveyors NSW Inc. will establish whether adequate particulars have been provided to support your claims/allegations. Further particulars will be sought if the documentation lodged is not considered adequate.
In establishing that adequate particulars exist, the member concerned will be invited to comment on the allegations and to provide additional documentation that may not already have been supplied. The name of the complainant and all material submitted with the complaint will be passed on to the member concerned. Only when it is established that adequate particulars exist, and that there are grounds to do so, will the matter be referred to investigation.
From the date of notification of a complaint, members are given a minimum of 28 days to comment.
It is important to note that no further action will be taken if the information provided is inadequate or if the complaint is considered vexatious, frivolous, misconceived or lacking in substance. Irrespective of whether the complaint is investigated or not, the member concerned will be informed in writing that a complaint has been lodged.
If the grounds for an investigation have been established, a member of the Surveying Practice and Legislative Sub-Committee will be delegated to investigate, for the purpose of establishing and clarifying the factual basis of an allegation.
An investigator may:
When the investigation is finished, the investigator prepares a written report to the Chair of the Surveying Practice and Legislative Sub-Committee.
The Chair decides whether or not a complaint proceeds any further, and discussion will be held with the Sub-Committee members. The matter may be referred to the Board of Directors of the Institution of Surveyors NSW Inc for any further action.
A member who has been the subject of a disciplinary finding by the Sub-Committee may appeal the decision. Notification of the outcome of a complaint investigation will only be given to a complainant and the member concerned once the appeal process has concluded.
The Board of Directors of the Institution of Surveyors NSW Inc will determine any disciplinary action deemed necessary, such as rectification, counseling, education, suspension of membership or other appropriate action.
Both the complainant and the member will be advised of the decision(s), as appropriate.
A complainant has no right of appeal to The Institution of Surveyors NSW
There are no fees to lodge a complaint against a member, unless it is in a matter of a Fee dispute.
The Executive Officer of the Institution of Surveyors NSW Inc will advise the cost of lodging a Fees dispute complaint.
Neither a complainant nor witnesses may recover any sum from The Institution of Surveyors NSW Inc. in respect of expenses relating to a complaint.