Compliance with all applicable laws

When does the obligation to comply with all applicable laws apply?

Clause 2(1) of the Code requires architects to comply with ‘all applicable Victorian and Commonwealth laws’.

While the laws covered by this obligation are not specifically identified, they would cover the various laws that apply in the following main contexts:

the provision of architectural services by an architect;
the administration of a practice providing architectural services;
any context in which an architect or approved company or partnership is acting in a professional capacity;
conduct by an architect that could bring the architecture profession into disrepute.

In summary, the obligation to comply with all applicable Victorian and Commonwealth laws encompasses a broad range of contexts and conduct of an architect.

The application of the obligation is not confined to the technical aspects of the profession of architecture. It includes all aspects of an architect’s behaviour in the course of their practice. It may even extend to conduct outside an architects’ workplace, to the extent that such conduct could demonstrate a lack of fitness to practice architecture or could diminish public confidence in the profession.

In 2023, findings were made against a Victorian architectural firm in the Federal Court in proceedings brought by the Australian Competition and Consumer Commission for breaches of Australian competition law. This arose from anti-competitive conduct by that firm during a public tender for government-funded architectural work. The firm in question admitted during the proceeding that it did not have adequate structures in place to ensure compliance with competition law by those working at the firm. In addition, the firm admitted that it had not provided any formal training on competition law to those working at the firm.
Those proceedings resulted in the Federal Court making findings against the firm and a director of the firm and imposing very significant monetary penalties on both of them.
This outcome highlights the need for all architects and architectural practices, no matter their size, structure or type of practice, to:
- be aware of their legal obligations arising not only under the Act and the Regulations, but also under other Victorian and Commonwealth legislation that regulates businesses in Australia;
- put in place structures to monitor compliance with those obligations; and
- provide training to relevant staff to so that those obligations are complied with.
There are a range of laws that apply to Victorian workplaces, including architectural practices and it is incumbent on architects to be aware of and compliant with those laws.
Those laws include:
- competition laws which prohibit conduct which lessens competition;
- occupational health and safety laws which require a work environment that is safe and free from risks to health, including protection against bullying;
- equal opportunity laws which impose a positive obligation to prevent sexual harassment, discrimination and victimisation in workplaces;
- laws regarding taxation and payment of superannuation and other employment entitlements; and
- laws which prevent companies from trading whilst insolvent and which impose responsibility on individual directors where insolvent trading occurs.
Architects operating an architectural practice must make sure that they know about and understand these laws. They may need to seek legal advice or the input of workplace consultants to help them identify and understand all relevant requirements. They could arrange for training of staff where required and regularly monitor and review workplace practices to ensure that the relevant requirements are being complied with.
ARBV cannot intervene in workplace disputes. However, it has the power to investigate where there is evidence that substantiates that an architect may have contravened a provision of the Act or the Regulations. Where an architect has been found by a court or other body to have contravened a workplace or other law, this contravention may additionally constitute a ground on which a disciplinary finding can be made against the architect under the Act or Regulations. Accordingly, it may be a basis on which ARBV investigates the architect’s conduct and refers that conduct to the Architects Tribunal, in addition to any other proceedings brought against the architect by other regulatory authorities.

Updated 8 September 2026