Complaints about Architects' Professional Conduct
Section 18 of the Architects Act 1991 (“the Act”) provides that the Board, “on its own initiative or on the complaint of any person, may inquire into an architect’s fitness to practice or professional conduct”.
The Architects regulations 2004 contain ‘Professional Conduct’ regulations that define the standards for architects.
The procedure followed by the Board when a complaint is received is explained in detail in the document:
How complaints are handled
- These matters are handled administratively by the Inquiries Officer according to the Board’s Policy on Complaints Handling.
- If clients of architects have questions or concerns, they should ring the ARBV and ask to speak to the Inquiries Officer.
- Advice of a general nature can be given, as well as advice on the process for making a complaint.
- Mediation may be appropriate. See below.
- The ARBV will only investigate further on receipt of a written complaint.
- The Complaint form is available from the ARBV office.
In summary, the process followed is that on receipt of a written complaint, the architect’s response to the complaint is sought, the Board reviews the matter and determines whether further inquiry is warranted or not. At this stage, the Board, through its lawyers, may engage an investigator to gather further evidence.
The Board has a Policy to assist it in determining matters for referral to Tribunal.
If the Board decides that on the face of the evidence before it there are grounds for further inquiry, it refers the matter to an Architects Tribunal.
The Act (section 42 (2)) provides for application to be made to the Victorian Civil and Administrative Tribunal for review of a decision by the Board not to institute an inquiry.
Complainants should be aware that, typically, a complaint process may take from 3 months to 9 months to be resolved.
Tribunal Inquiries
Inquiries are conducted by the Architects Tribunal which operates independently of the Board and has access to independent legal advice.
A Tribunal is formed by the Board as required, from a ‘standing panel’ of suitably qualified people approved by the Minister.
Complaints are presented to the Tribunal by the Board’s lawyers and in turn, the architect presents his or her case. Architects may choose whether to use legal representation.
The procedures followed by the Tribunal are explained in detail in the information documents listed above.
If the Architects Tribunal finds allegations against an architect proved, the Board is required to enforce the Determinations made by the Tribunal. The Act provides for application to be made to the Victorian Civil and Administrative Tribunal for review of a Determination made at an inquiry (s 41 (c)).
Tribunal outcomes are reported in the Board’s newsletter Information, in its Annual Report and on its website.
An Architects Tribunal is, according to Section 21 of the Act, constituted as follows: |
An Architects Tribunal is, according to Section 21 of the Act, constituted as follows:
21. Membership of Tribunal
(1) A Tribunal must consist of—
(a) one person who is a practising architect; and
(b) one person who is not an architect; and
(c) one person who is a representative of
consumer interests.
(2) The members of a Tribunal must be chosen from a panel of persons appointed by the Minister under section 21A.
(3) A member of the Board cannot be a member of a Tribunal.
(4) At least one member of a Tribunal is to be a person with legal experience and knowledge.
(5) A Tribunal must elect one of its members to be the Chairperson of the Tribunal.
Mediation
- The Architects Act empowers the Board to decide whether matters raised in a complaint are appropriate for mediation.
- The Board may invite both client and architect to participate in mediation. The consent of both parties is required for mediation to proceed.
- The mediation process is conducted confidentially by a qualified mediator.
Title Protection
One of the Purposes of the Act is, 1(e), to regulate the use of the terms “architect”, “architectural services”, “architectural design services” and “architectural design.”
The right to use the title of Architect is determined through the process of registration, which includes prescription of appropriate qualifications, a period of practice and a standard of professional practice satisfactory to the Board - normally determined through the Architectural Practice Examination (APE).
This has the effect of assisting and protecting the public, because consumers can be assured that any person legitimately using the title has satisfied the educational and other requirements for registration.
Section 46 (k) of the Act enables the Board to investigate and take proceedings for offences against the Act.
The Prohibited Conduct section of the Act (Sections 4, 5, 6, 7 & 8) controls the title of “architect”, as well as the expressions “architectural services”, “architectural design services” and “architectural design” in certain contexts.
It also contains more general provisions against “holding out”. The Board therefore will investigate illegitimate use of the controlled words, or other types of “holding out”, whether as a result of a complaint or on its own initiative.
Please note that while protection of the title Architect remains unchanged, the protected terms and the holding out provisions have been altered as a result of the Productivity Commission review of the Act and Regulations.
The Board routinely receives complaints about possible breaches of the Act in media reports, signage, business stationery, advertising, or entries in telephone or other directories. Where there is evidence available, the Board contacts those responsible, advises them of the legal situation regarding title, and requests compliance.
However, where offenders refuse to comply, the Board can prosecute breaches of the Act in the Magistrates Court, and has done so. The Board has a Policy on Prosecutions for Offences against the Architects Act 1991.
Architects are encouraged to contact the Board regarding any instances where they believe the Act may be being breached.
Results of Title breach prosecutions are reported each year on the Board’s website.
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David Trewern Design