Code of Ethics
Approved by the Council of the Society of Professional Engineers of Papua New Guinea, and adopted for all IEPNG members.
Adopted June 1996
Download Full Code of Ethics (PDF)
The Five Fundamental Values
What the Code of Ethics is built on
1
Protection of Life & Safeguarding People
2
Sustainable Management & Care for the Environment
3
Community Well Being
4
Professionalism, Integrity & Competence
5
Sustaining Engineering Knowledge
General Principles
Why the Code exists
The respect which society accords the engineering and technology professions is earned and maintained by its members demonstrating a strong and consistent commitment to ethical values that the community accepts and recognises. These commitments are additional to the obligations that every member of society is required to observe — such as obeying the law — and reflect the additional responsibility expected of all professionals.
It therefore follows that the Institution must maintain an appropriate Code of Ethics, publish it for the information of the public, and enforce it impartially. This Code must be responsive to the changing expectations of both society and the profession, and the global standards to which the Institution subscribes.
The Code is a set of principles to guide members in achieving the high ideals of professional life. Guidelines are set out for each clause to assist in interpreting the Code — these guidelines do not form part of the Code itself, and are not exhaustive.
Code of Ethics with Guidelines
The five clauses, in full
Click a clause to see the guidelines members strive to follow in applying it.
Members shall strive to achieve the following.
- Have as their first priority the health and safety of the community and this shall take precedence over their responsibility to clients, colleagues or other interests.
- Be responsible for ensuring that all reasonable steps are taken to minimise the risk of involuntary loss of life, injury, suffering or indignity that may result from their work or the effects of their work.
- Draw the attention of those affected to the level and significance of any risk associated with their work.
- Assess any potential dangers involved in the construction, manufacture and continuing use of their projects or products and shall take all reasonable steps to minimise these.
- Advocate that due recognition be given where harm is likely to be caused to persons, or their environment, by works for which they are responsible.
Members shall strive to do the following.
- Be committed to the use of renewable resources and the use of all resources in an effective and efficient manner.
- Minimize the generation of waste; encourage reuse, recycling and the environmentally sound disposal of any residuals.
- Find ways to avoid or acceptably mitigate any adverse impact on the environment resulting from their work.
- Adopt the principle of sustainability in resource management, design or processes, and in all other work.
- Take into account the social and economic cost and benefits of avoiding adverse environmental effects arising from their work, and seek a solution that is in the community's best interests.
Members shall strive to do the following.
- Apply skill, judgement and initiative in their professional life so as to contribute positively to the well being and development of the communities they serve.
- Recognize their obligation to humanity and the public interest, anticipate possible conflicts and endeavour to resolve them responsibly, using the experience of the Institution and colleagues for guidance where necessary.
- Treat people with dignity and have consideration for the cultural values and cultural sensitivities of all groups within the community affected by their work.
- Play an active role in providing adequate information for members of the community and assist in resolving any conflicts that may arise.
- Endeavour to be fully informed about relevant public policies and community needs and perceptions that affect their work.
- Become helpfully involved in public debate on matters within their areas of technical expertise, unless constrained by contractual obligations.
Members shall strive to do the following.
- At all times exercise initiative, skill and judgement to the best ability and for the maximum benefit of their employer or client.
- Give engineering recommendations or opinions that are honest, objective and factual. Should such recommendation or opinion be ignored or rejected, ensure those concerned are made aware of the possible consequences.
- Not misrepresent their areas or levels of experience, nor work beyond them.
- Not disclose information relating to their work for, or knowledge of, their employer or client without the agreement of those parties.
- Disclose any financial or other interest that may, or may be seen to, impair their professional judgement.
- Not promise to, give to, or accept from any third party anything of substantial value by way of inducement.
- Refrain from publicly criticising the work of other professionals without due cause.
- Not review the work of another member without first informing that member, and in all ways act to uphold the reputation of the Institution and its members.
Members shall strive to do the following.
- Seek and encourage excellence in their own and others' practice of the art and science of engineering.
- Ensure that those parts of the science and art of engineering in which they practice are accurately recorded and generally accessible to the profession.
- Continually improve and update their own understanding of the science and art of engineering, and actively encourage the development and exchange of knowledge with colleagues, employees and subordinates.
- Encourage the further education and training of other engineers, technologists and recent graduates, particularly those who are candidates for membership of the Institution.
- Share information freely about their experiences, in particular about successes, failures and matters affecting safety.
Disciplinary Procedures
How complaints are evaluated
The Institution has a system of peer review for handling disciplinary matters. In considering a complaint, the Disciplinary Committee evaluates the following.
aDiligence in applying the Code.
bDegree of implicit compliance through quality assured management processes.
cDegree to which account was taken of each relevant clause of the Code.
dExtent of explicit disregard of the Code.
Regulations Governing Discipline & Professional Misconduct
Responsibilities of the Board
The Board, through the President, ensures these Regulations operate promptly and efficiently.
- Ensure that suitable members are appointed to a panel from which the Chairman and Members of the Investigating Committee will be drawn.
- Appoint a designated Board member to be responsible for the appointment of the Investigating Committee.
- Appoint the Chairman of the Disciplinary Committee and a panel of members from which two members of the Committee shall be drawn.
- Appoint an Appeal Committee.
- Decide on appropriate disclosures and/or referrals.
The Regulations
Regulations 1–26
These regulations govern the full disciplinary process — from lodging a complaint, through investigation and hearing, to appeal and enforcement. Click any regulation to read it in full.
Making a Complaint & Investigation
Reg 1Lodging a complaint
Any allegation or complaint of improper conduct, or a breach of the Code of Ethics, shall be made in writing, with supporting evidence attached, under confidential cover and addressed to the Chief Executive of the Institution at the registered office of the Institution.
Reg 2Appointing the Investigating Committee
Upon receipt by the Chief Executive of a complaint in writing supported by evidence, the designated Board member shall appoint from the panel a Chairperson and two members to be the Investigating Committee, which shall then co-opt a member from the Branch in which the complaint arose.
Reg 3Scope of the investigation
The Investigating Committee should, within 30 days, investigate the complaint to determine:
- whether mediation or conciliation can resolve the complaint
- whether there is a prima facie case that should be referred to the Disciplinary Committee
- whether the complaint should be dismissed
Reg 4Reaching a decision promptly
The Investigating Committee shall restrict its scrutiny to the minimum information necessary. Before concluding a prima facie case has been established, the Chairman shall ensure the written complaint is sufficiently comprehensive, that a copy is delivered to the member complained of, and that member responds in writing within 30 days.
Reg 5What the Committee considers
Prior to its decision, the Investigating Committee shall consider the written complaint, any response from the member complained of, and any other information it deems relevant.
Reg 6Communicating the decision
The Investigating Committee's decision shall be in writing and referred to the Chief Executive within seven days. Depending on the outcome, the Board is advised, the matter is terminated (subject to a fresh complaint if new evidence arises), or the matter is referred to the Disciplinary Committee.
Reg 7Procedure of the Investigating Committee
Subject to the Rules and these Regulations, the Investigating Committee may regulate its own procedure, and shall observe the same evaluation requirements cited for the Disciplinary Committee in Regulation 15.
The Disciplinary Committee & Hearing
Reg 8Composition of the Disciplinary Committee
The standing Disciplinary Committee consists of the Chairman and two other members chosen from the panel, augmented for any hearing by two lay members — one appointed by the Committee Chairman, the other by the President of the PNG Chamber of Commerce and Industry. The Chief Executive or nominee acts as Secretary.
Reg 9Setting the hearing
Before considering the facts, the Disciplinary Committee shall set a date and place for the hearing — normally the Institution's headquarters, unless the Committee decides otherwise for the convenience of the parties.
Reg 10Notice to the member
Not less than 14 nor more than 30 days before the hearing, the Chief Executive shall send the member a registered notice stating the nature of the complaint, a summary of supporting evidence, the time and place of the hearing, and that the member may attend and be represented. The complainant is informed similarly.
Reg 11Representations at the hearing
Both the complainant and the member may make representations personally or through counsel, orally or in writing (as a statutory declaration if made in absentia). The Investigating Committee presents its findings and evidence of any breach of the Code.
Reg 12Expenses
The Institution is not liable for travel, counsel, witness or other expenses incurred by either party, though the Board may at its discretion grant funds to cover some or all such costs.
Reg 13Non-appearance
If the complainant or member fails to appear or make representations, the Disciplinary Committee may adjourn the case at its discretion — normally limited to one adjournment.
Reg 14Committee powers during inquiry
The Disciplinary Committee may regulate its own procedure and may make preliminary inquiries, engage counsel to advise on law and evidence, receive evidence including statutory declarations, and request relevant documents from any party.
Reg 15Evaluation criteria
In considering a complaint, the Disciplinary Committee shall evaluate:
- the diligence in applying the Code
- the degree to which account was taken of each relevant clause
- the extent of explicit disregard of the Code
Reg 16Possible orders
If the complaint is substantiated, the Committee may order: expulsion or suspension from membership; a penalty payment not exceeding K1,000; a reprimand or admonishment; a public retraction or apology circulated to members; and/or payment of costs not exceeding K2,000.
Reg 17Transmitting the decision
The decision and any orders are transmitted by the Chief Executive to the parties and the Board. The Chamber of Commerce's lay member may produce a separate written opinion if dissatisfied. The Board may publish a summary of facts and the decision; if a complaint is not substantiated, the complainant (if a member) may be ordered to pay up to K2,000 towards the Institution's costs.
Reg 18Notifying the member of rights
Where an order is made under Regulation 16 or 17, the Chief Executive shall inform the member in writing by registered post of the order's particulars and of their rights of appeal.
Appeal
Reg 19Lodging an appeal
Upon receipt of an appeal — against a finding of misconduct, an order of the Disciplinary Committee, or both — the Chief Executive refers it to an Appeal Committee nominated by the President, comprising either the President and one Past-President, or two Past-Presidents. The Institution's legal adviser may also be required to attend.
Reg 20Setting the appeal hearing
The Appeal Committee sets a date and place for the appeal. Not less than 10 nor more than 35 days before the hearing, the Chief Executive informs the member and complainant by registered mail, who are entitled to attend and be represented.
Reg 21Evidence on appeal
Unless the Appeal Committee directs otherwise, witnesses from the original hearing may not be recalled and no new witnesses called. The material before the Committee is the record and report of the Disciplinary Committee, supporting documents, and any additional submissions on the appeal.
Reg 22Powers of the Appeal Committee
The Appeal Committee may confirm, vary, or reverse the decision or order of the Disciplinary Committee, and may make an order as to the costs of the appeal.
Reg 23Communicating the appeal decision
The Appeal Committee's decision is communicated in writing to the Chief Executive, who lays it before the Board and informs the parties concerned.
Reporting & Enforcement
Reg 24Reporting to the Board and members
Where any order is made under Regulation 16 or 17, the Disciplinary Committee reports the particulars to the Board, and members are notified via the annual report or another manner the Board decides. The Board may disclose the name of the member concerned.
Reg 25Referral to other bodies
The Board may refer the case, decision and action taken to the Professional Engineers Registration Board under the Professional Engineers Registration Act 1986, to the Chief Ombudsman Commissioner depending on the offence, and to any other professional body — including overseas organisations — to which the member belongs.
Reg 26Recovery of fines and costs
Any fine or costs ordered are immediately due and recoverable as a civil debt, proved by production of: the Rules and these Regulations; the member's signed Declaration on their application for membership; the certified minute of the Disciplinary Committee meeting; and, on appeal, a certified copy of the Appeal Committee's decision.