Division 1 sets out general practice standards that apply to all architects and architectural work. These standards are also relevant for approved companies and partnerships.
(1) An architect must comply with all applicable Victorian and Commonwealth laws.
(2) An architect must withdraw from carrying out work as an architect if the architect reasonably believes that in carrying out that work, the architect may contravene the Act, the Regulations or the Code.
(3) A person or body must not—
(a) represent a person as an architect unless that person is registered as an architect under the Act; or
(b) represent an unincorporated body as an architect unless that unincorporated body is an approved partnership under the Act; or
(c) represent a body corporate to be an architect unless that body corporate is an approved company under the Act; or
(d) carry out work as an architect unless covered by the required insurance; or
(e) represent themselves as covered by the required insurance or allow themselves to be represented as being covered by the required insurance if they are not covered by the required insurance.
(4) An architect member or director of an approved partnership or approved company must—
(a) be responsible for the carrying out of architectural services by the approved partnership or approved company; and
(b) ensure architectural services are carried out by or under the supervision of a person who is registered as an architect under the Act; and
(c) take all reasonable steps to ensure that the approved partnership or approved company complies with an obligation imposed on an architect under clauses 2(2) and (3), 4(3), 5(1), 6, 7, 11, 13, 14, 15, 16 and 17 of the Code as if that obligation were imposed on the approved partnership or approved company.
This clause highlights the core obligations of architects in their capacity as professionals, a number of which are also set out in the Act. It reinforces that registration, insurance, lawful conduct and proper supervision are prerequisites for architectural practice.
Each requirement in this clause targets a distinct risk:
The obligation to comply with all applicable Victorian and Commonwealth laws seeks to ensure that architects comply with the spectrum of laws that apply to the provision of architectural services and to architects in their capacity as a member of the architecture profession.
The obligation to withdraw from carrying out work requires architects to take action if they have a reasonable belief about non-compliance with the Act, Regulations or Code in carrying out the work, rather than waiting for certainty through, for example, a legal process to confirm that non-compliance has occurred. This helps to protect clients and the public from harm that could arise from non-compliant work.
The prohibition on misrepresentation of registration and insurance status helps to protect clients from engaging practitioners and architectural practices that are not appropriately qualified and/or are not covered by the required professional indemnity insurance.
The obligations imposed on architect members or architect directors of an approved partnership or company respectively exist so that a partnership or corporate structure cannot be used to dilute responsibility for compliance with the Code. Ultimately, an architect member or director of an approved partnership or approved company is responsible for the carrying out of architectural services by the firm and must take steps to ensure compliance by the firm with the Code.
Registration and use of title
- Do not use the title 'architect' for a person who is not registered as an architect under the Act. Also be careful using titles for unregistered persons that contain the terms ‘architectural’ or ‘architecture’ as they may constitute a representation that the person is an architect.
- Be aware that clients or prospective clients will assume that people in senior positions within a practice are architects. Extra care needs to be taken so that clients and prospective clients understand that they are not in fact architects and cannot provide the services of an architect unless the services are provided under the supervision of a registered architect.
- A company or partnership can only provide architectural services or represent that it is providing architectural services if it is approved by the ARBV.
- Verify every person who will be providing architectural services is currently registered as an architect by the ARBV or is appropriately supervised by a registered architect.
Insurance
- All architects in the practising class must be covered by the required insurance.
- Maintain appropriate professional indemnity insurance before commencing any project and throughout its duration.
- An architect who is an employee of another architect, approved company or approved partnership does not need to hold separate professional indemnity insurance to cover the work that they undertake on behalf of their employer, and employees do not need to be specifically named in the insurance policy.
- An architect must ensure that the ARBV has up-to-date proof of the required insurance covering their work at all times.
- The ARBV expects employers who are approved companies or approved partnerships to provide proof of insurance that covers relevant employees.
Approved partnerships and companies
- Architect members and architect directors of approved partnerships and companies must take responsibility for the carrying out of architectural services and must take steps to ensure that all work undertaken by their firms is appropriately supervised and complies with the Act, Regulations and the Code.
Obligation to withdraw from providing services
- If, at any point, a reasonable belief is formed that continuing a project would entail contravention of the Act, Regulations or Code, immediate withdrawal is necessary.
- The circumstances in which the obligation to withdraw from providing services may be necessary could include:
- An architect is instructed by a client to certify, sign off on or approve work, documents or designs that the architect has not checked or that the architect knows to be inaccurate, non-compliant or unsafe (this could be a breach of the honesty and integrity obligations in clause 4 and the public safety obligation in clause 3).
- An architect discovers that their professional indemnity insurance has lapsed or is inadequate for the work being performed (this could be a breach of the insurance obligation in clause 2(3)(d)).
- An architect identifies a conflict of interest that has not been disclosed and consented to by the client and which cannot be resolved (this could be a breach of the conflict of interest obligations in clause 12).
- Reasons for withdrawal should be documented in writing and communicated to all relevant parties.
Detailed guidance
- See detailed guidance below on SUPERVISION OF WORK and COMPLIANCE WITH ALL APPLICABLE LAWS
- Also see the ARBV’s guidance on prohibited conduct on its website:
- Prohibited conduct legal framework
- Guidance for Unapproved Companies or Partnerships
- Guidance for Sole Architect Directors
- Guidance for non-architect director/partner
- Guidance for unregistered senior employees
- Guidance for unregistered employees/multidisciplinary teams
- Guidance for referencing architectural qualifications – employers
- Guidance for referencing architectural qualifications – employee
- Guidance about referencing architectural qualifications
- Guidance for prohibited conduct – registered architect working for non-approved company.
- Prohibited conduct legal framework
Updated