Introductory note
The Schedule to the Regulations containing the Code sets out the standards of professional conduct and practice for architects prescribed under section 69(1)(m) of the Act.
The Victorian Architects Code of Professional Conduct (the Code) applies to all architects registered by the Board.
A failure to comply with the Code may constitute unprofessional conduct for the purposes of the Act and be grounds for disciplinary action under Part 4 of the Act.
The Code should be read in conjunction with the Act and the Regulations. A contravention of the Code may also be an offence under the Act. Conduct that does not contravene the Code may also be grounds for disciplinary action under section 32 of the Act.
The introductory note explains that the Code is a legal instrument made under the Act, which applies to every architect registered by the ARBV and architects practising in Victoria under automatic deemed registration. It also applies to architect directors of a company that has been approved by the ARBV and architect members of a partnership that has been approved by the ARBV.
The note clarifies that the Code forms part of the broader regulatory framework and must be read together with the Act and the Regulations.
The note explains that contravention of the Code may have serious consequences. In particular, contravention of the Code may result in referral to the Architects Tribunal and disciplinary action under section 32 of the Act.
The note additionally explains that conduct that contravenes the Code may also, where there is a corresponding obligation under the Act or Regulations, constitute an offence which may result in prosecution. For example, an architect who carries out work without the required insurance will contravene the Code and will also commit an offence under section 8B of the Act.
- The Code is a legal instrument, with legal consequences for non-compliance.
- The consequences associated with contravention of the Code may be serious and actions to ensure compliance with the Code will help to avoid these consequences.
- The Code must be read and interpreted alongside the Act and Regulations, particularly section 32 of the Act which sets out grounds for disciplinary action against a registered architect.
- Failure to comply with the Code is unprofessional conduct. While the Code sets out standards of professional conduct and practice, it is important for architects to understand that unprofessional conduct is only one of several grounds for disciplinary action under section 32 of the Act. This means that conduct that does not contravene the Code could still fall within a ground for disciplinary action under section 32.
- Architects also need to be aware that if they are carrying out work as an architect or providing services in a manner that contravenes the Act, there may be implications for professional indemnity insurance cover.
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