Whereas Divisions 1 and 2 of the Code focus on how architects should conduct themselves and interact with their clients, Division 3 recognises that architects must be supported by adequate systems, resources and records.
Subject to section 17D(1) of the Act, an architect must respond in a timely, complete and accurate manner to a request from the Board for any information or document.
Section 17D of the Act provides protection against self-incrimination. It provides that:
- It is a reasonable excuse for a natural person to refuse or fail to give information to the Board or an appointed person under section 17B, if the giving of the information would tend to incriminate the person.
- Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce to the Board or an appointed person under section 17B, if the production of the document would tend to incriminate the person.
The ARBV's functions under the Act, including its disciplinary functions, can only be performed effectively and efficiently if architects cooperate with requests for information from the ARBV. Failure to respond to ARBV requests for information can delay investigations, waste regulatory resources, and can itself constitute grounds for disciplinary action. This clause helps to ensure that the ARBV can fulfil its statutory role of protecting the public, by requiring co-operation by architects.
- If a request is made by the ARBV to an architect for information or documents, it is important that the architect responds promptly, honestly and completely.
- Architects may refuse to answer questions on the ground that doing so would tend to result in self-incrimination (i.e. expose them to potential criminal charges). This protection does not extend to a refusal or failure to provide documents in response to an information gathering notice given under section 17B of the Act.
- In some circumstances, it may be necessary to consult a lawyer before responding to a request for information or documents, but this should be done promptly to avoid delays in responding.
Updated