Engineering is a creative process of synthesising and implementing the knowledge and experience of humanity to enhance the welfare, health and safety of all members of the community, with due regard to the environment in which they live and the sustainability of the resources employed. It involves a diversity of related functions ranging from the development and application of engineering science through to the management of engineering works. The members of the Institution of Engineers, Australia are bound by a common commitment to promote engineering and facilitate its practice for the common good based upon shared values of:
The community places its trust in the judgement and integrity of members to pursue the above values and to conduct their activities in a manner that places the best interests of the community above those of personal or sectional interests. The Code of Ethics provides a statement of principles which has been adopted by the Council of the Institution as the basis upon which members shall conduct their activities in order to merit community trust. It is also the framework from which rules of conduct may be developed.
The Tenets of the Code of Ethics embrace principles which are immutable, however, changing community perceptions require that periodic reviews of the Tenets are conducted. The 1994 issue of the Code represents a significant revision of the text to reflect the changes in expectations of the community and the broader role of the Institution in community affairs. The Code is accompanied by a section which provides more specific guidance on the application of the principles to meet community expectations. Members are required to abide by the Tenets as part of their commitment to participate in the affairs of the Institution. Accordingly, all members are required to give active support to the proper regulation of qualifications, employment and practice in engineering.
Members acting in accordance with this Code will have the support of the Institution. The manner and extent of the support will be determined by the Council of the Institution on the merits of each case.
The members of the Institution of Engineers, Australia, are committed to the Cardinal Principles of the Code:
The Tenets of the Code of Ethics are:
The Code of Ethics establishes the standard which the members of the Institution adopt to regulate their working habits and relationships. The principles on which it is based should apply equally in the members personal lives.
The Code is structured on two tiers covering Cardinal Principles which guide all behaviour and the linked Tenets based on more specific principles to which the members of the Institution ascribe. The following section amplifies the essence of the Cardinal Principles and identifies the specific principles which underlie the Tenets. Subsequent sections provide interpretations of the Tenets as they apply to practices and situations in which members may find a need for ethical guidance.
The Cardinal Principles express the beliefs and values of the members of the Institution based on the recognition that:
The Tenets express the shared commitment of the members to act in a manner which upholds the Cardinal Principles and are based on the more specific principles expressed by:
The nine Tenets of the Code are of necessity couched in broad terms. The comments which follow are provided to expand on and discuss some of the more difficult and interrelated components of the Code, without narrowing its focus. They are provided to assist members to understand the Code. However, they are not part of the Code. The specific interpretations and guidance on ethical obligations raised should not be seen as limiting the scope of the Code nor should they be seen as exhaustive. A breach of the Code of Ethics occurs when a member acts contrary to one of the nine Tenets judged on the circumstances of the case and not on the emphasis of the interpretations.
A member or other person requiring further guidance should obtain it from a Divisional Office or the National Office of the Institution.
The commitment of members to act in the interest of the community is fundamental to the ethical values of the profession. The term community should be interpreted in its widest context to comprise all groups in society, including the member's own workplace. Members' obligation to the welfare, health and safety of the community involves the application of sound engineering judgement based on experience and relevant analysis to arrive at the appropriate balance of considerations which must apply in any given situation. Protection of the environment is both a short term and long term concern of the community and needs to be considered by members at all times. Members' obligations extend to taking reasonable steps to understand the consequences of their own actions and the actions of those with or for whom they are working.
Members:
Members should understand the distinction between working in an area of competence and working competently. Working in an area of competence requires members to operate within their qualifications and experience. Working competently requires sound judgement. If an error of judgement occurs the outcome may be construed as negligence, however, it does not necessarily imply that the member has acted unethically. Should consequent processes, including dispute resolution, reveal unethical behaviour the member concerned may subsequently face a further investigation under the Disciplinary Regulations.
Members:
Members have a responsibility to provide loyal service to their employer or client for whom they should apply their knowledge and skills with fairness, honesty and in good faith. Such loyalty extends to informing the employer or client of any possible adverse consequences of proposed activities based on accepted engineering practice of the day and taking all reasonable steps to find alternative solutions. Loyalty to the employer or client also requires that strict confidentiality be applied with respect to information or property available to the member as a result of the service provided. Members should not reveal facts, data or information obtained without the prior consent of its owner. The only exception to the provision of loyal service which can be condoned is when the welfare, health or safety of the community, or the environment on which they depend, is threatened by actions of the employer or client and all attempts to have the employer or client modify the proposed actions have been unsuccessful.
Members should relate to an employer or client on an open and informed basis so as to establish a position of trust. Any circumstances which may be regarded as detrimental to the maintenance of trust should be avoided or disclosed.
Members:
The Tenets of the Code of Ethics are based on shared values and a shared responsibility to uphold them. Members have an obligation to exercise fairness in dealing with others and to provide support and assistance when required. Members should avoid any actions or statements which can be construed as being unfairly critical of a colleague or intended to favour their own position at the expense of a colleague.
Members:
An expert witness provides a special and unique service to legal or quasi-legal proceedings established for the purpose of making judgements. Once accepted by the judge or arbitrator, an expert witness is normally afforded two important privileges: the freedom to remain in the proceedings at all times and the freedom to express an opinion.
At all times the expert witness owes the proceedings total objectivity. The role of expert witness is to give the tribunal the benefit of his or her special training and experience in order to help the tribunal understand matters which it would not otherwise understand and thus help the tribunal to come to the right decision.
This duty to the tribunal is not inconsistent with the duty the expert owes to the client. In fact the best way to discharge this duty is to be completely non-partisan.
An expert is not an advocate. Advocacy by an expert diminishes the value of advice both to the client and to the proceedings.
It follows that:
Public comment and statements by members should comply with generally accepted standards of the community. The presentation of arguments should be made in a way that maintains and enhances community trust in the values and expertise of the membership of the Institution. A loss of community trust would be contrary to the best interests of the community in circumstances where the members comments might be crucial to the welfare, health and safety of the community. Members should display restraint in the manner in which they comment on engineering matters, especially in circumstances where the member, by explicit reference or implication, gives the public reason to believe that their comments are made on the basis of relevant knowledge.
It follows that:
In the course of a member's employment situations may arise concerning the employer or client organisation, which may present the member with a significant moral problem. These could include criminal behaviour, threats to public safety or unethical policies. The member has a responsibility under the Code of Ethics to ensure that any such practices are brought to the attention of those with direct authority to rectify the problem or, if the warnings are not acted upon, to raise the matter elsewhere. A decision to undertake an act of whistleblowing is a serious matter and the member must be aware of the personal costs that may be involved.
Whistleblowing differs from the broader aspects of public comment or statements in that it normally involves access to privileged information, either directly or indirectly, which is not otherwise in the public domain. Comment on the information available may lie outside a member s area of competence.
Because of the complex nature of the issue of whistleblowing the following practical and common sense guidance is set out for the benefit of members;
Make any objections to unethical practices promptly so as to avoid any misinterpretation of the motives for doing so.
Focus on the issues and proceed in a tactful, low-key manner to avoid unnecessary personal antagonism which might distract attention from solving the problem.
Keep supervisors informed of your actions, as much as possible, both through informal discussion and formal memoranda.
Be accurate in your observations and claims, and keep formal records documenting relevant events.
Raise the problem initially through normal organisational channels.
Consult colleagues for advice and avoid isolation.
Consult with the Institution through the Chief Executive on the ethical issues involved, or with other organisations as appropriate.
Seek legal advice concerning potential legal liabilities.
Reference to material that may be of assistance to members is available from the Institution s National Office.
The Code applies to all Institution members, and to non-members who have agreed to be bound by them under any arrangement approved by Council.
The provisions of the Code are not limited by the geographic location of the member, except in any circumstance where their compliance would represent a breach of the laws or regulations of the location concerned. Collectively, the Institution's membership comprises the following:
Professional Engineers: persons who have completed an engineering degree accredited by the Institution or who have obtained other Australian or overseas qualifications and experience to a standard recognised by the Institution as equivalent to such qualifications.
The Institution adopts internationally recognised criteria for admission of such persons as professional engineers in the grade of Graduate, and for advancement to the corporate membership grades.
Engineering Technologists: persons who have completed a course in engineering technology or other relevant disciplines, accredited by the Institution or who have obtained other Australian or overseas qualifications and experience to a standard recognised by the Institution as equivalent to such qualifications.
The Institution establishes criteria for admission of such persons as engineering technologists in the grade of Affiliate. This grade also includes those who have a three-year degree in a relevant science and an active interest in the engineering field.
Engineering Associates: persons who have completed a recognised Australian associate diploma and related work experience in a technical field of engineering, or who have obtained other Australian or overseas qualifications and experience to a recognised equivalent standard.
The Institution establishes criteria for admission of such persons as engineering associates in the grade of Associate.
The National Professional Engineers Register (NPER) is a register, administered by the Institution, for professional engineers who meet stringent qualification, experience and continuing professional development criteria. When a professional engineer is entered on the register, he or she acknowledges a commitment to ethical practice and a willingness to maintain an appropriate level of professional competence through continuing professional development. Non-members of the Institution may apply for registration.
Section Three of the National Professional Engineers Register (NPER-3) is reserved for practising professional engineers. The Register identifies the disciplines in which practitioners can demonstrate the skills, knowledge and experience appropriate for independent practice.
The Council of the Institution has approved regulations to govern the investigation of alleged breaches of the Code of Ethics. The regulations provide for a process to investigate alleged breaches and to reflect the importance which the Council places on all members upholding the ethical standards of the membership.
When a complaint is received by the Institution an attempt is made to reach a resolution through conciliation. Subsequently, if necessary, the matter is examined by the Chief Executive to determine whether or not a formal investigation is required. In coming to a decision the Chief Executive considers the nature of the evidence submitted and whether or not the matters giving rise to the complaint, if substantiated, would amount to improper conduct. If a Conciliator s report is available, this is also taken into account.
Complaints of a minor nature are decided by a Senior Office Bearer. More serious complaints are referred to an Investigating Panel. A hearing may be held and, if necessary, witnesses will be called.
The following sanctions may be applied: admonition, reprimand, a fine, suspension of membership, deregistration, expulsion from the Institution.
Details of the decision and the reasons for it are sent to the member concerned, who may lodge an appeal. The regulations provide for appeals to be heard by an Appeals Board.
Where breaches are proven, the decision are normally published. Where appropriate, similar publicity will also be given to complaints which are dismissed.
A booklet published by the Institution, entitled Disciplinary Regulations and Regulations for Dealing with Failure to Maintain Appropriate Engineering Standards is obtainable free from any office of the Institution on request.
The Councils of the Institution of Engineers, Australia, the Association of Professional Engineers Scientists and Managers, Australia, and the Association of Consulting Engineers, Australia, have each adopted the provisions of this Code as binding on the actions of members of their respective organisations. In this regard the Councils have jointly advised and recommend to all professional engineers in Australia that the interests of the community and of their profession will be best served by commitment to the provisions of the Code of Ethics through full individual membership and active support of each of the organisations for which they are eligible.
Related Institution Policy Statements and Documents