Prohibited conduct
The Act prohibits representing (‘holding out’) individuals and bodies (companies or partnerships) that are not registered with the ARBV to be architects.
This means that if you provide architectural services through a company or partnership that is not approved by the ARBV:
- You cannot provide architectural services via that company or partnership
- You cannot represent that the company or partnership to be an architect or as providing the services of an architect
- You cannot say the company or partnership offers 'architectural services', 'architectural design services' or 'architectural design'.
An unregistered person may be represented as an architect by the way they are described or presented on the architecture firm’s website and on professional networking and social media sites.
‘Holding out’ as an architect or as providing architectural services
Architects, architect directors/partners and managers of architecture practices must therefore:
- Provide architectural services only through an approved company or partnership (unless a sole trader registered with the ARBV)
- Ensure all members of staff who provide architectural services are registered with ARBV or are working towards becoming registered under supervision
- Be transparent and open about qualifications and registrations
- Exercise caution when describing or representing unregistered members of staff (for example, on the practice’s website and professional networking and social media sites). Care must be taken to ensure that clients or prospective clients are not under any misapprehension about the status of unregistered staff who may be working on their project
- Critically assess the information published on their website and on professional networking and social media sites to assess the overall impression that is being created by that information
- Be careful when working outside architectural firms not to represent their employer or business as providing architectural services
See fact sheets below for how to avoid offences under the Act.
Find out more about registering as company or partnership.
The ARBV has prepared guidance notes to help you avoid prohibited conduct:
Penalties for prohibited conduct
If you engage in prohibited conduct, the ARBV may prosecute you and you could receive a fine of $9,000 or more.
If you are registered as an architect and you engage in prohibited conduct, the ARBV may also refer your conduct to the Architects Tribunal.
Find out more about the Architects Tribunal.
Prosecution reports
If the ARBV prosecutes a person for breaches of the Architects Act 1991, the report on the prosecution is published here.
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