Division 2 addresses the client-architect relationship. It includes obligations about client agreements, fees and costs, diligence, communication, contract administration, confidentiality, conflicts of interest and disclosure of referral, recommendation and endorsement arrangements.
(1) An architect must not disclose a client's confidential information without authority.
(2) For the purposes of the clause, a client's confidential information means any information, agreed or understood by the architect and the client to be confidential, that is acquired from or provided to a client in the course of providing architectural services to the client.
(3) An architect may disclose a client's confidential information if—
(a) the client consents in writing to the disclosure; or
(b) the disclosure is required by law.
Clients often share sensitive financial, personal and commercial information with their architects, including budgets for projects, business strategies and plans, and property ownership structures. Unauthorised disclosure of a client’s confidential information can damage a client's competitive position and financial interests and breach their right to privacy. This clause reinforces an architect’s obligation to keep their client’s information confidential unless disclosure is authorised because respecting clients’ confidentiality is the foundation of a trusting relation between client and architect.
- Only share client information with third parties (consultants, contractors, planning authorities) to the extent necessary to provide the agreed services, and only with the client's consent (explicit or implied).
- If a client gives written consent to disclose client information, retain written consent on file.
- Do not discuss client projects, budgets or personal information with unrelated third parties or in public settings.
- When required to disclose information by law (e.g., by a court order, a regulatory authority or a mandatory reporting obligation), advise the client before disclosing, if possible.
- Use appropriate systems and procedures to protect client files and information from unauthorised access and use (see also clause 14 – ‘Maintain adequate systems and resources’).
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