Smith, Anthony Patrick (2009) Surveying and the law. [USQ Project]
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Abstract
There is a general perception that we are living in a more litigious society than ever before. This dissertation investigates this statement in relation to the surveying
profession. There are many aspects of law and legislation that confront the surveyor in daily practice. The threat of legal action is one consideration, but there is also the potential of facing disciplinary action from the Board of Surveyors, or the possibility of having to lodge an insurance claim if a mistake is made. After an extensive literature review, it was discovered that little had been written to document litigation taken against surveyors within Australia. Details of disciplinary hearings are scarce. Nor is there a readily accessible review of
insurance claims lodged by surveyors. This dissertation attempts to fill that void.
After considering what it means to be a professional surveyor, and compiling law and legislation relevant to surveying, this dissertation investigates specific cases
where surveyors have come into conflict with the law. Examples are provided where surveyors have faced disciplinary action from their governing body and
where professional indemnity insurance claims have been lodged.
A detailed questionnaire and set of interview questions was provided to a sample of professional surveyors. These questions related to qualifications, experience, knowledge of the law and moral and ethical attitudes. The results are both quantitatively and qualitatively analysed, and their impact is discussed. Further to this, consideration of the issues facing the modern surveyor is explored, and recommendations for avoiding litigation, and Board of Surveyors investigations or for lodging insurance claims is provided.
The general perception within the surveying profession appears to be that we are living in a more litigious society, and this dissertation goes a long way to
supporting this statement in terms of the surveying profession
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