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- To view a copy of the Architects Act, visit www.legislation.vic.gov.au. Click the 'Victorian Law Today' tab, select 'Acts' and scroll in the alpha list under 'A'.
The Architects Act has been in place since 1923.
The most recent changes to the Act have occurred as a result of Productivity Commission recommendations, many of which were approved by the Government and came into force on 14 June 2005.
The Act contains provisions for
- Registration of architects
- Approval of companies and partnerships to offer architectural services
- Regulation of architects' professional conduct
- Procedures for handling complaints against architects
- Protection of the title of "Architect" and the terms "architectural services",
"architectural design services" and "architectural design"
- Accreditation of architectural qualifications
- Board determination of qualifications and experience required for registration
- Architects Registration Board membership, procedures, powers and duties
The key changes that came into force on 14 June 2005 are:
- Title Protection (Sections 4-6 and 8, p4-8)
While the title of ARCHITECT continues to be protected, the 'derivative terms' have
been amended.
Under competition policy review, restrictions on the terms 'architecture' and 'architectural'
were considered to unfairly restrict the conduct of other businesses. The Bill replaces these
terms with restriction on the use of three terms: 'architectural services', architectural design
services' and 'architectural design' in relation to the design and planning of buildings. The Bill
also strengthens prohibitions on unregistered persons or firms representing themselves as
registered architects or allowing themselves to be represented as registered.
- Insurance (Sections 8B, 15A, 17A, pp7, 13, 15)
The Bill simplifies insurance arrangements by moving them to the Architects Act, to be
administered by the Architects Registration Board.
Architects only need to deal with one statutory body for both registration and insurance.
The ARBV requires proof of insurance from all practising architects at the time of registration
and annual renewal or when insurance needs change. Employee architects will continue to be covered by their Company insurance; unless they undertake work as an architect in their own right, when insurance will be required
Insurance provisions under the amendments are governed by a Ministerial Order on
Insurance for Architects.
- Approval of companies and partnerships (Section 12, p11)
Ownership and control arrangements for partnerships and companies have been
simplified. The Bill reduces these requirements to at least one partner or director who is a
natural person must be a registered insured architect responsible for the architectural
services of the company or partnership. It is expected that this will simplify structural
arrangements for firms. Clients will be able to check whether a firm is eligible to offer
architectural services.
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- Prohibited conduct (Sections 4 - 8D, p4-8)
Only persons registered with the ARBV or approved Companies or Partnerships may
use the title of 'Architect' or the protected phrases: 'architectural services', 'architectural
design', architectural design services' in relation to design, plans, drawings or
specifications for buildings or parts of buildings.
The Bill strengthens prohibitions on unregistered persons or firms representing
themselves as registered architects or allowing themselves to be represented as
registered. Restrictions on such representation include any title, name or description that
is capable of being understood that a person/firm is registered or offers the services of
an architect or is willing to undertake work as an architect. (Exceptions: landscape
architect, naval architect, computer systems architect.)
- Broader membership of the Architects Registration Board (Section 47, p35)
Competition Policy review found that Board membership was too restricted. Board
membership has been expanded from 8 members to 10 to include two people
representing major building industry organisations who are not architects. This will mean
that there will be 5 architects and 5 non-architects on the Board. The non-architects
include two community representatives, and three building industry representatives.
- Total separation of Tribunals from the Board (Section 21, p20)
Previously, while disciplinary Tribunals operate independent of the Board, up to 2 Board
members may be members of a tribunal. In future, no Board members will sit on
Tribunals. This will ensure that Tribunals are completely independent of the Board.
Tribunals will comprise one architect, one non-architect and one person representing
consumer interests chosen from a panel of names approved by the Minister. One
member of a Tribunal must also have legal knowledge and experience.
- Introduction of alternative dispute resolution via mediation (Section 18E - 18J,
p18-19)
The ARBV will be able to offer confidential mediation services to architects and clients
who are in dispute if both parties agree to mediation. This may enable earlier resolution
of problems and avoid the need for a Tribunal hearing. If mediation is not successful,
further inquiry may occur.
- Links with the Building Practitioners Board
A member of the ARBV will also be a member of the Building Practitioners Board. This
will facilitate better understanding between the Boards and professions.
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David Trewern Design