Type of Insurance required
Architects must be covered by PI insurance against any civil liability from any claim made during the period of insurance which arises out of any breach or alleged breach of
professional duty of care of the architect or an approved company or approved partnership…. (including any reasonably related professional activities).
Also: Any contravention of Part V of the Trade Practices Act 1974 or Part 2 of the Fair Trading Act 1999.
Indemnity must be provided
Directors, principals, partners, or employees, or sole practitioners who are registered.
An architect is covered if he or she holds the insurance or is named or otherwise referred to in the policy held by an employer or the Firm.
Amount of Insurance required
Not less than $1million plus not less than $200,000 or 20percent for defence costs.
With one automatic re-instatement.
Insurance requirements of architects are contained in the Architects Insurance Ministerial Order. The Ministerial Order came into effect on 14 June 2005.
This order is to be enforced by the Board under the Architects Act 1991 (as at 14 June 2005), thus replacing the previous requirements for insurance that operated under the Building Act.
The required minimum level of indemnity has not changed.
The main change is that all renewals of registration due by 1 July 2005 and all new registration applications from that date must be accompanied by proof of insurance cover; either held by the architect or by the employer on behalf of the architect.
The Regulations now require the Board to publish in the Register of architects whether an architect holds PI Insurance.
Details of insurance supplied on registration and annual renewal remain confidential.
Architects are advised to become familiar with the Architects Insurance Ministerial Order and the sections of the Act and Regulations pertaining to insurance.
Definition in the Ministerial Order of Architects requiring Insurance
All registered architects who “carry out work as an architect or intend to carry out work as an architect”
The Order generally applies to “Practising architects”.
The Board takes the words ‘working as an architect’ to mean provision of advice or service that leads directly to the design and associated services for built works or associated works.
Included in this section are:
- Relevant extracts from the Architects Act 1991
- The Questions and Answers extracted from Information for Architects 66 and 67.
- The Architects Insurance Ministerial Order
The ARBV may issue further advice from time to time on its website or in its Newsletters.
Relevant sections of the Architects Act 1991
Part 2—Prohibited Conduct Architects Act 1991 Act No. 13/1991
8B. Offence to work as architect without required insurance
(1) A person must not carry out work as an architect unless that person is covered by the required insurance.
Penalty: 100 penalty units, in the case of a natural person;
500 penalty units, in the case of a body corporate.
(2) Sub-section (1) does not apply to—
(a) persons employed by or working under the supervision of a person who is registered as an architect under this Act and who is covered by the required insurance; or
(b) an approved company.
Note: For insurance purposes, employees/Directors/Partners may be covered by their Firm’s or their employer’s insurance.
8C. Offence to represent to be insured when uninsured
A person who is not covered by the required insurance, must not—
(a) represent himself or herself or itself as covered by the required insurance; or
(b) allow himself or herself or itself to be represented as being covered by the required
insurance.
Penalty: 100 penalty units, in the case of a natural person;
500 penalty units, in the case of a body corporate.
8D. Restriction on provision of architectural services by companies and partnerships
(1) An approved company must not provide architectural services unless—
(a) a director of the company who is registered as an architect under this Act is responsible for the carrying out of the services; and
(b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act.
Penalty: 60 penalty units.
(2) An approved partnership must not provide architectural services unless—
(a) a member of the partnership who is registered as an architect under this Act is
responsible for the carrying out of the services; and
(b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act.
(3) If an approved partnership fails to comply with sub-section (2), each member of the partnership is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
13. Approval of a partnership
(1) The Board may approve a partnership for the purposes of this Act if at least one of the partners is an architect who is covered by the required insurance.
(2) If an architectural partnership ceases to comply with the criteria in sub-section (1), the members must notify the Board within 14 days.
(3) The Board may give any directions necessary to ensure that the partnership complies with subsection(1).
(4) If one member of the partnership complies with sub-section (2), that is sufficient compliance by allthe members of the partnership.
14. Approval of a company
(1) The Board may approve a company for the purposes of this Act if satisfied that—
(a) the constitution of the company provides that one of the purposes of the company is the practise of architecture; and
(b) at least one director is an architect who is covered by the required insurance.
3) If an architectural company ceases to comply with the criteria in sub-section (1), it must notify the Board within 14 days.
Note: Registration requires proof of insurance cover. For insurance purposes, the ARBV recognizes that Directors and Partners may be covered by insurance held in the name of the Company or Partnership.
15A. Proof of required insurance
Every architect who is required under this Act to be covered by insurance must, by 1 July in each year, give written proof to the Board that he or she will be covered by the required insurance—
(a) until 30 June of the following year; or
(b) subject to such conditions as the Board may impose, any lesser period approved by the Board.
17A. Order requiring insurance
(1) The Minister may, by order published in the Government Gazette—
(a) require architects or any specified class or classes of architects to be covered by
insurance; and
(b) specify the kind and amount of insurance by which architects or architects in a specified class of architect are required to be covered.
17A
(6) For the purposes of this Act, a person is covered by the required insurance if—
(a) the person holds the required insurance; or
(b) the person is not a party to the required insurance but is specified or referred to in the
insurance, whether by name or otherwise, as a person to whom the insurance cover
extends.
Note: Architects who are required to be covered by insurance are, according to the Ministerial Order, ‘all architects who carry out work as an architect.’
The Order generally applies to “Practising architects”.
The Board takes the words ‘working as an architect’ to mean provision of advice or service that leads directly to the design and associated services for built works or associated works.
Applications for Registration as an Architect or for approval of a Company or Partnership must provide proof of required PI insurance cover at time of application.
Annual renewal of registration and/or Approval requires proof of PI insurance cover.
From the ARBV's PI survey of 2004, the Board is aware that the following brokers or insurers have been offering PI insurance. This is an incomplete list and architects are advised to seek advice from more than one broker or insurer.
- Allianz
- First Professional
- Dexta Corporation Ltd
- Willis Australia Ltd
- Lloyds, Lloyds London
- Architeam
- RAIA Professional Risk Management
- RAIA Insurance Brokers
- Suncorp Metway
- Gerling Australia Insurance Co
- Resource
- Miller on London underwritten by Lloyds
- AON Insurance Services
- CGU Professional Risk Insurance
- Marsh P/L
- PI Direct
- Concord Insurance Group
- QBE Mercantile
RAIA Professional Risk Management Services has informed the Board that it offers competitive premiums aimed at smaller practices
|
Frequently Asked Questions
Have the requirements for registration as an Architect changed?
The new requirement for registration is proof of insurance cover that complies with the Architects Insurance Ministerial Order.
All other existing requirements remain; ie: qualifications, practical experience, a pass in the Architectural Practice Examination.
Why must Architects be covered by PI Insurance?
It is Government policy that professions should have adequate insurance, not only in the public interest; but also because it indemnifies architects for their legal liability to their clients and others relying on their advice.
In an increasingly litigious climate, architects can be ‘joined’ to a legal case against other practitioners on the same project in a ‘joint and several liability’ case.
The Architects Act now states that it is an offence to work as an architect without having the required insurance cover.
Is it an offence to work as an architect without PI Insurance?
Yes. The Architects Act now states that it is an offence to work as an architect without having the required insurance cover. See section 8B.
Employee architects must provide proof of cover to be registered.
The Order refers to 'All Architects who carry out work as an Architect.' What does this mean?
The Order generally applies to “Practising architects”. The Board takes the words ‘working as an architect’ to mean provision of advice or service that leads directly to the design and associated services for built works or associated works.
I'm an Architect employed in a government department (or university). Should I have Insurance?
Proof of employment by Government Department or an educational institution must be provided to the ARBV at registration or annual renewal of registration. If you are ‘working as an architect’ you need insurance cover. If your employer holds insurance on your behalf, please provide the details as required on the renewal of registration form.
What sort of Insurance do I need?
To be registered as an Architect in Victoria, you must have, or be covered by, your employer’s Professional Indemnity Insurance that complies with the Architects Insurance Ministerial Order 2005.
How much PI Insurance cover do I need?
The minimum cover is not less than $1million for any one claim and in the aggregate during the insurance period.
Please check the Order for details and discuss its requirements with your insurance broker.
I'm employed as an Architect in an Architectural firm. Do I have to take out my own Insurance?
Employees in a firm offering architectural services may be covered by the firm’s insurance policy.
It is wise to check the details of that cover.
On registration and on renewal of registration each year, you will have to provide proof of that cover to the ARBV.
If an employee undertakes architectural work independent of the firm, he or she must have PI insurance cover for that work.
I'm an Architect employed in a building firm. Do I need PI Insurance cover?
Proof of PI insurance cover is required of all registered architects. Your employer may provide that cover for you. It is wise to check the details of that cover. The ARBV requires written proof that you are covered by your firm’s insurance.
If an employee undertakes architectural work independent of the firm, he or she must have PI insurance cover for that work.
What information about my Insurance should I provide to the ARBV?
The policy number, date of issue and expiry date.
The level of indemnity or cover
Whether the insurance is in your name or your employer’s name
A Certificate of Currency for the insurance and if insurance is held by your employer, a letter from your employer stating that you are covered by the firm’s policy.
The questionnaire asks 'Does your Insurance cover comply wuth the Ministerial Order'... How can I establish that?
The expectation is that architects will check the Ministerial Order. The key parts for answering this question are Parts 5 and 6 about kind of insurance and amount of insurance required.
Architects are responsible for the compliance of their insurance. This task should not be left to administration staff.
I'm an employee Architect and my employer prefers to not provide the firm's certificate of currency. What should I do?
Complete the questions on your Account form and ask your employer for a letter identifying you as an employee, stating that you are covered by the Firm’s PI insurance policy that complies with the Ministerial Order. Attach that letter to your renewal form and send both to the Board no later than 31 July.
When do I have to tell the ARBV about my Insurance cover?
Applications for, and annual renewals of registration, must be accompanied by proof of PI Insurance cover. Advice regarding this will be on the application and renewal of registration forms.
If your insurance arrangements change, you must inform the Board in writing and supply a Certificate of Currency within 14 days of any change.
If I change my insurer, do I have to tell the ARBV before renewal of registration is due on 1 July?
Yes. If your insurance arrangements change, you must inform the Board in writing and supply a Certificate of Currency within 14 days of any change.
I have been out of practice for 3-4 years. What sort of cover do I get?
Insurance should be available; but ‘retroactive’ cover may not be available for the gap and premiums will be assessed according to the level of risk ascertained by the insurer.
I contract my service to employers on short term contracts. Am I covered by my employer's Insurance?
Your contract should deal with that question. Otherwise, make sure you have your own cover.
If I rely on my employers Insurance and become unemployed, where do I stand?
You will need PI insurance cover to remain registered as practising.
Must employees be listed in the Insurance policy or the certificate of currency?
Firms’ policies and Certificates normally cover employees without specifying employees. Names may be included.
What if I only do 'small' jobs?
The size of the job is not a determinant. To remain registered as a ”Practising Architect”, you must be covered by PI insurance.
I'm in discussion with my broker; but won't have my insurance ready for 1 July.
You have until 31July to finalise arrangements. If you can’t meet that deadline, pay your registration fee and write telling the Board what you have arranged and up-date your insurance information in writing by the end of August.
What are the approved cooperatives for Architects Insurance?
Cooperatives intending to arrange insurance cover for members must comply with Part 8 of the Ministerial Order and must be underwritten by an insurer authorised to conduct insurance business under the Insurance Act 1974.
One such Cooperative approved by the ARBV in June 2005; is: ‘Architeam Cooperative Pty Ltd’.
Don't these new requirements make it difficult for new Architects starting out?
The requirement for insurance is not new; but it is now tied to registration. Most new architects are in employment and therefore should be covered by their employer’s insurance. The decision to start your own practice is a commercial decision that must take into account costs, including insurance.
This just seems to be an extra imposition. What is the boards role in promoting Architecture?
The requirement for insurance is a long-standing legislative requirement. It is also prudent and in the best interests of your client and yourself.
The Board’s primary role is to serve consumer interests under the Architects Act and Architects Regulations. In doing so, it helps to maintain professional standards. The Board also promotes good architectural service through its Architectural Service Award.
The professional association has as part of its charter the promotion of architecture.
Are my Insurance details kept confidential?
Yes. In compliance with the Act and Regulations, the Register of Architects will identify Practising and Non-practising architects. Practising architects must be covered by insurance and the Register will state this.
I haven't had PI Insurance before. Why should I start now?
Previously, architects were required to hold PI Insurance under the Building Act as a class of Building Practitioner.
The Architects Act now requires proof of PI Insurance. It is a prudent business requirement resulting from Government policy. It is also an offence under the Act to work as an architect without PI Insurance cover. (See above)
I am 'semi-retired', doing occasional work. Do I need Insurance?
If you work as an architect for any length of time, you must be registered and must have PI insurance cover.
If I only do occasional work, what options do I have for arranging Insurance?
If you are self-employed (ie: not covered by an employer’s insurance), you must be registered and must have PI insurance cover.
I am registered as an Architect in Victoria and considering overseas travel for at least a year. How does this affect my registration and my Insurance cover?
It is possible for architects travelling or working overseas to maintain ‘non-practising’ registration in Victoria.
Architects in the non-practising category are advised to maintain PI insurance cover for at least seven years after ceasing to practice in Victoria.
I am an Architect about to take maternity leave. How does this affect my registration and Insurance cover?
You may register as ‘non-practising’ or resign.
Architects in the non-practising category or who have resigned, are advised to maintain PI insurance cover for at least seven years after ceasing to practise.
If I change to the Non-Practising class of Architect, should U retain Insurance?
If you have been practising as an architect and move to the non-practising category, you are advised to maintain PI insurance cover for at least seven years after ceasing to practise.
I have been registered as 'Non-Practising' for many years. Do I need Insurance?
Insurance cover is for recent and current work. If you have not been in practice for at least seven years, you should not need cover; but it is wise to check with a broker.
Who can be a Non-Practising Architect? Do I retain registration?
To be registered as a non-practising architect, you must, on registration or at annual renewal, sign a declaration that you will not practise during the term of that registration. You will be identified in the Register as ‘non-practising’.
I am having difficulty finding an isurer to provide PI Insurance. Can you recommend any insurers?
The ARBV does not endorse any particular insurance company or broker. However, the ARBV website contains a listing, identified through the ARBV survey of architects in 2004, of many companies or brokers that have been providing insurance for architects.
I am an interstate registered Architect wishing to register in Victoria. Do I need Insurance cover?
To practise as an architect in Victoria, you must register with the ARBV. One condition of that registration is proof of PI Insurance cover. If employed, your employer may provide insurance cover for you.
My interstate company wants me to work for them in Victoria. Do I have to register in Victoria? Do I need seperate Insurance cover from that already supplied by my employer?
To practise as an architect in Victoria, you must register with the ARBV. One condition of that registration is proof of PI Insurance cover. That insurance cover may be supplied by your employer. You must provide written proof of that cover to the ARBV at time of registration. Your company may also have to apply for approval in Victoria by contacting the ARBV office.
|