Architects Regulations 2004

Version No. 003

Architects Regulations 2004

S.R. No. 51/2004

Version incorporating amendments as at 23 May 2007

table of provisions

RegulationPage

1

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

Part 2—Professional Conduct

Division 1—General obligations

6Standard of practice

7Duties

8Notice of conflict of interest

9Client's consent

Division 2—Specific obligations

10Administering contract conditions

11Source of remuneration

12Correctness of representations

13Disclosure of name of architects

14Defining the terms of engagement

Division 3—General

15Conduct of partnerships and companies

16Unprofessional conduct

17Guidelines

Part 3—The Board

Division 1—Nomination of certain members of the Board

18Nominated members of the Board

Division 2—Election of architects for nomination totheBoard

19Application of Division

20Returning Officer

21Poll clerks

22Notice of elections for nominations to the Board

23Method of nomination

24Form of nomination paper and statement of candidate

25Withdrawal of nomination

26Uncontested election

27Contested election

28Printing of the ballot paper and candidate's statement

29Distribution of ballot paper and accepted statements

30Method of voting

31Lodging of vote

32Duplicate ballot papers

33Ballot box

34Scrutineers

35Scrutiny of envelopes

36Adjournments

37Result of election

38Equal votes

39Notification of result of election

40Destruction of papers

Part 4—Registration of Architects and Approval of Partnerships and Companies

41Fees

42Application for registration or approval

42AClasses of registration

43Qualifications for registration—standard of professional
practice

Part 5—The Study of Architecture

44Qualification in architecture

45Prescribed course of study

46.Revoked

47Examination fees

48Appointment of examiners

49Examiners' fees

Part 6—Register and Registration

50Contents of the Register

51Notification of changed information

52Appeal times

Part 7—Transitional

53Transitional

______

SCHEDULES

SCHEDULE 1—Regulations Revoked

SCHEDULE 2

PART A—APPLICATION FOR REGISTRATION AS AN ARCHITECT

PART B—APPLICATION FOR APPROVAL OF A
PARTNERSHIP

PART C—APPLICATION FOR APPROVAL OF A COMPANY

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 003

Architects Regulations 2004

S.R. No. 51/2004

Version incorporating amendments as at 23 May 2007

1

Architects Regulations 2004

S.R. No. 51/2004

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to regulate the professional conduct of architects; and

(b)to prescribe the procedures for nomination to the Architects Registration Board of Victoria; and

(c)to prescribe—

(i)fees for applications for registration or approval under the Architects Act 1991; and

(ii)annual fees for that registration and approval; and

(iii)examination fees for examinations conducted by the Board and in prescribed courses of study; and

(iv)fees payable to an examiner for setting, checking, marking and conducting those examinations and for attendance at committee meetings authorised by the Board; and

Reg.1(d) amendedby S.R. No. 53/2005 reg.5.

(d)to prescribe procedures relating to the registration of architects and the approval of partnerships and companies; and

(e)to prescribe any other matters necessary or required to give effect to the Architects Act 1991.

2Authorising provision

r. 2

These Regulations are made under section 69 of the Architects Act 1991.

3Commencement

These Regulations come into operation on 24 May 2004.

4Revocation

The Regulations listed in Schedule 1 are revoked.

5Definitions

(1)In these Regulations—

Act means the Architects Act 1991;

clientmeans a person or body with whom an architect enters into an agreement to provide architectural services;

developermeans developer, builder, project manager or construction manager;

newspapermeans a daily newspaper circulating generally throughout Victoria.

(2)For the purposes of these Regulations, an architect acts as or carries on the business of a developer if he or she does so on his or her own behalf or if he or she is a director, principal, partner, manager or employee of a firm or corporation which does so.

______

Part 2—Professional Conduct

Division 1—General obligations

6Standard of practice

r. 6

An architect must perform his or her work as an architect in a competent manner and to a professional standard.

7Duties

An architect must—

(a)act in the interest of his or her client or prospective client; and

(b)not favour his or her own interest over that of his or her client or prospective client.

8Notice of conflict of interest

(1)An architect who—

(a)acts, or proposes to act, on the same project in the capacity of—

(i)an architect and a developer; or

(ii)an architect and an estate agent; or

(b)has any other conflict of interest with a client or prospective client—

must give the client or prospective client written notice of the scope of each of those roles or that conflict of interest.

(2)Notice given under subregulation (1) must be given—

(a)in the case of a client, when the conflict arises or appears likely to arise; or

(b)in the case of a prospective client, prior to acting for that person.

9Client's consent

r. 9

(1)After giving notice under regulation 8, an architect must obtain written consent to act for a client or prospective client within fourteen calendar days of the day of giving notice under regulation 8(1).

(2)In the case of an existing client, if consent is not obtained in accordance with subregulation (1), an architect must immediately cease to act for that client.

(3)In the case of a prospective client, if consent is not obtained in accordance with subregulation (1), an architect must refrain from acting for that prospective client until written consent to act is given by that person.

Division 2—Specific obligations

10Administering contract conditions

An architect who is commissioned to administer conditions of contract must do so impartially between the parties to that contract.

11Source of remuneration

An architect must be remunerated for his or her architectural services by either—

(a)the professional fee; or

(b)other benefits specified in the contract of engagement; or

(c)the salary and any other benefits payable by the architect's employer.

12Correctness of representations

r. 12

An architect must ensure representations made in connection with the supply or possible supply of architectural services or in connection with the promotion or advertising by any means of the supply of architectural services are accurate and current.

13Disclosure of name of architects

Reg.13(1) amendedby S.R. No. 53/2005 reg.6(1).

(1)An architect who is a sole practitioner must ensure that any written communication from his or her practice discloses his or her name.

Reg.13(2) substitutedby S.R. No. 53/2005 reg.6(2).

(2)An architect who is a member of an approved partnership must ensure that any written communication from the partnership discloses the names of the members of the partnership who are architects and states that those members are architects.

Reg.13(3) substitutedby S.R. No. 53/2005 reg.6(2).

(3)An architect who is a director of an approved company must ensure that any written communication from the company discloses the names of all directors of the company who are architects and states that those directors are architects.

14Defining the terms of engagement

Before an architect accepts an engagement to provide architectural services or services as a developer or services both as an architect and a developer and as soon as practicable after any change to the terms and conditions or scope of engagement becomes known to the architect, he or she must—

(a)in writing, set out the description, terms and conditions of the engagement or the change; and

(b)supply a copy of that document to the client.

Division 3—General

Reg.15 (Heading) substitutedby S.R. No. 53/2005 reg.7.

Reg. 15 amendedby S.R. No. 53/2005 reg.8(1)(a)(b).

15Conduct of partnerships and companies

r. 15

If an architect who provides architectural services to clients on behalf of an approved partnership or an approved company contravenes one or more of regulations 6 to 14, then that regulation is also contravened by—

Reg. 15(a) amendedby S.R. No. 53/2005 reg.8(1)(a).

(a)in the case of anapproved partnership, each partner in that approved partnership who is an architect; or

Reg. 15(b) amendedby S.R. No. 53/2005 reg.8(1)(b).

(b)in the case of anapproved company, each director of that approved company who is an architect.

16Unprofessional conduct

Without limiting the meaning of unprofessional conduct—

(a)an architect who contravenes one or more of regulations 6 to 14 is guilty of unprofessional conduct; and

Reg. 16(b) amendedby S.R. No. 53/2005 reg.8(2).

(b)a partner of an approved partnership or a director of an approved company who contravenes one or more of regulations 6 to14 by operation of regulation 15 is guilty of unprofessional conduct.

17Guidelines

Reg. 17(1) amendedby S.R. No. 53/2005 reg.8(2).

(1)The Board may prepare guidelines on professional conduct and practice for architects, approved companies and approved partnerships.

(2)The Board must cause a copy of the guidelines made by the Board—

(a)to be made available for inspection by any person at the offices of the Board during the usual office hours of the Board; and

r. 17

(b)to be available to every architect on the Register.

______

Part 3—The Board

Division 1—Nomination of certain members of the Board

18Nominated members of the Board

r. 18

Reg. 18(1) amendedby S.R. No. 53/2005 reg.9(1).

(1)If a vacancy occurs in the office of a member of the Board nominated under section 47(2)(a), (ca), (d), (e) or (f) of the Act or at least 6weeks before the expiration of the term of office of that member, the Registrar must, as the case requires, serve notice on—

(a)the Minister administering the Fair Trading Act 1999; and

(b)the secretaries to the councils of the approved schools of architecture; and

(c)the heads of the governing bodies of—

(i)the Institution of Engineers, Australia, Victoria Division;

(ii)the Institution of Surveyors, Victoria;

(iii)the Australian Institute of Quantity Surveyors;

(iv)the Royal Australian Planning Institute;

(v)any related professions determined by the Minister under section 47(2)(e)(v) of the Act; and

Reg. 18(1)(d) substitutedby S.R. No. 53/2005 reg.9(2).

(d)the President of the Royal Australian Institute of Architects (Victorian Chapter); and

Reg. 18(1)(e) insertedby S.R. No. 53/2005 reg.9(2).

(e)the members of the Council appointed under section 47(2)(ca) of the Act.

(2)A notice served under subregulation (1) must state—

(a)that a vacancy has occurred or the expiry date of the term of office of the member nominated under section 47(2)(a), (d), (e) or(f) of the Act (as the case requires) has passed; and

(b)in the case of section 47(2)(a) of the Act, that a nomination is required; and

(c)in any other case, that a panel of names is required to be submitted to the Minister and the number of names to be submitted; and

(d)the date (up to 6 weeks from the date on which notice is given) by which the nomination is required to be submitted; and

(e)that if a nomination is not made or the required panel of names is not submitted, the Minister may nominate any person to be a member of the Board.

Division 2—Election of architects for nomination totheBoard

19Application of Division

r. 19

For the purposes of section 47(2)(c) of the Act, the prescribed manner of nomination is an election conducted in accordance with this Division.

20Returning Officer

The Registrar is the Returning Officer for the conduct of an election.

21Poll clerks

The Returning Officer may appoint poll clerks to assist the conduct of an election.

22Notice of elections for nominations to the Board

r. 22

(1)If the office of a member of the Board nominated by architects under section 47(2)(c) of the Act becomes vacant, or at least three months before the expiry date of the term of office of that member, the Registrar must give notice in a newspaper approved by the Board specifying—

(a)the number of vacancies; and

(b)the date of the polling day (to be at least 21days before any expiry date); and

(c)the place and time (to be before 12 noon) for nomination for election; and

(d)the closing day and time for nomination and receipt of candidates' statements (to be at least 21 days before the date of election and at least 21days after the notice is given under this section).

(2)The Returning Officer shall determine the dates of nomination day and polling day.

23Method of nomination

An architect who intends to be a candidate at an election—

(a)must cause a nomination paper to be delivered to the Returning Officer before 12noon on the closing day for nominations; and

(b)may submit a candidate's statement by the closing day and time notified in accordance with regulation 22(1)(d).

24Form of nomination paper and statement of candidate

(1)A nomination paper must—

(a)be in a form approved by the Board; and

(b)be signed by two architects other than the candidate; and

(c)bear the written consent of the architect nominated.

(2)A candidate's statement must—

(a)be in writing; and

(b)not exceed 150 words in length; and

(c)be signed by the candidate; and

(d)may only include information on his or her service to the architectural profession, the area or areas of architecture in which he or she practises, his or her service to the community, and any special interests which he or she may have whether inside or outside the architectural profession.

(3)The Returning Officer must reject a nomination paper which does not comply with subregulation(1).

25Withdrawal of nomination

r. 24

(1)An architect nominated for an election may withdraw from the election by giving written notice of withdrawal to the Returning Officer.

(2)If a candidate ceases to be an architect, or withdraws his or her nomination, or dies—

(a)before 12 noon on the nomination day, or, in the case of a contested election, before the ballot papers for the election have been sent out, the Returning Officer must not include that architect's name in the ballot paper for the election;

(b)after the ballot papers for the election have been sent out, the Returning Officer must not count any votes cast for that candidate.

26Uncontested election

r. 26

(1)If the number of nominations is less than or equal to the number of vacancies to be filled, the Returning Officer must declare the nominated architect or architects elected for nomination and must advise the Minister of that declaration.

(2)If the number of nominations is less than the number of vacancies to be filled, the Returning Officer must advise the Minister of that fact.

27Contested election

If the number of nominations is greater than the number of vacancies to be filled, the Returning Officer must conduct a poll by postal ballot in accordance with this Division.

28Printing of the ballot paper and candidate's statement

(1)The Returning Officer must arrange for ballot papers to be printed in a form approved by the Board.

(2)Each ballot paper must—

(a)show the number of vacancies to be filled; and

(b)the full name of each candidate (in alphabetical order by surname); and

(c)provide directions for voting in accordance with this Division.

(3)The Returning Officer must arrange for the accepted statement of each candidate to be printed.

29Distribution of ballot paper and accepted statements

r. 29

At least 14 days before the poll, the Returning Officer must post to the registered address of each architect registered under the Act—

(a)a ballot paper initialled by the Returning Officer or a poll clerk; and

(b)a ballot envelope on which the words "Place ballot paper only in this envelope" are printed; and

(c)an unsealed return envelope addressed to the Returning Officer, with a place marked for the voter's name, address and signature; and

(d)the accepted statement of every candidate.

30Method of voting

(1)An architect must not vote more than once in each election.

(2)To cast a vote, an architect must mark the letter "X" in the square opposite the name of each candidate for whom he or she is voting.

(3)For the vote to be valid, the number of squares marked must be equal to the number of vacancies to be filled.

31Lodging of vote

After marking the ballot paper, an architect must—

(a)place it in the ballot envelope and seal that envelope; and

(b)place the ballot envelope in the return envelope and seal that return envelope; and

(c)sign and write his or her full name and address in the place provided on the return envelope; and

(d)cause the return envelope to be delivered to the Returning Officer before 12 noon on polling day.

32Duplicate ballot papers

r. 32

(1)The Returning Officer may issue a duplicate ballot paper to a voter before 12 noon on polling day if the voter makes a declaration in a form approved by the Board and gives it to the Returning Officer.

(2)A declaration made under subregulation (1) must—

(a)be verified by statutory declaration; and

(b)declare that he or she did not receive a ballot paper, or that the ballot paper received has been lost, spoiled or destroyed.

33Ballot box

(1)The Returning Officer must—

(a)provide a ballot box; and

(b)place all envelopes received before 12 noon on polling day in the ballot box (unopened).

(2)The ballot box must be constructed and secured in a manner approved by the Board.

34Scrutineers

Each candidate may appoint, in writing, one scrutineer to be present during scrutiny, examination and counting of votes.

35Scrutiny of envelopes

As soon as practicable after 12 noon on polling day, in the presence of any scrutineers who choose to be present, the Returning Officer must—

(a)remove from the ballot box all return envelopes received before the poll closed; and

(b)examine each return envelope and reject as invalid, marking it as such and putting it aside unopened, any envelope which does not bear the signature, name and address of an architect; and

(c)for each accepted return envelope, place a mark against the architect's name in a copy of the Register; and

(d)open each accepted return envelope and extract the ballot envelope; and

(e)open each ballot envelope and extract the ballot paper and place the paper uninspected in the ballot box; and

(f)when all accepted envelopes have been opened and all ballot papers deposited in the ballot box, open the ballot box and count the votes.

36Adjournments

r. 35

The Returning Officer may, if necessary, adjourn the scrutiny of envelopes or the counting of votes to a time and place which he or she must notify to the scrutineers.

37Result of election

When counting of the votes is completed, the Returning Officer must declare as elected for nomination by architects under section 47(2)(c) of the Act the candidate or candidates (as required by the number of vacancies) who has or have received the greatest number of votes.

38Equal votes

If, at an election, two or more candidates receive an equal number of votes which is greater than the number of votes received by any of the remaining candidates, the Returning Officer must decide by lot which of the candidates with equal votes is to be declared elected.

39Notification of result of election

r. 37

After the declaration of the poll, the Returning Officer must submit to the Minister a written report of the result of the election for nomination by architects under section 47(2)(c) of the Act and subsequently advertise the result in a newspaper, setting out in each—

(a)the names of all the candidates for election; and

(b)the number of votes polled by each candidate; and

(c)the number of informal votes; and

(d)the names of the candidates elected for nomination.

40Destruction of papers

The Returning Officer must cause all ballot papers and envelopes used at the election to be destroyed at the end of 3 months after submitting the written report under regulation 39 to the Minister.

______

Part 4—Registration of Architects and Approval of Partnerships and Companies

41Fees

r. 41

Reg. 41(1) amendedby S.R. No. 53/2005 reg.10(1).

(1)To be eligible to pay a fee under this regulation as aretired or nonpractising architect, an architect must make a declaration at the time of payment of the annual fee or annual fee and additional fee stating that he or she does not intend to practise as an architect for the period to which the annual fee applies.