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ARBV Update
Edition 16, March 2024
New board structure commencing July 2024
In February 2024 amendments to the Architects Act 1991 (Act) came into effect. The changes to the board structure will commence once the current appointments expire, with a number of new appointments expected on 1 July 2024.
Prior to amendment, the Act specified the particular types of members to be appointed to the Board, including one practising senior government architect nominated by the Minister, two elected architects, one nominated by the councils of the approved schools of architecture, and one nominated by the Australian Institute of Architects (AIA). The Act now provides that the Minister must ensure that at least 3 Board members are registered architects and have leadership experience in the building industry. In addition, the potential Board members must have certain skills and knowledge, or expertise set out in the Act. These skills and knowledge or expertise include administration of regulatory arrangements for the building industry, public engagement and communications, risk management, public administration or governance, financial, accounting or program management, strategic planning and architecture.
Previously, the Act provided that the Board was to consist of 10 members. The Act now provides that the Board is to consist of at least 3 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister. The amended Act allows Board members to hold office for a period of up to 5 years, instead of 3 years.
New Guidelines published
Under the Architects Regulations 2015, the Board may prepare guidelines on professional conduct and practice for architects, approved partnerships and approved companies. The Board has recently approved the following new guidelines to assist the profession.
The first new guideline relates to Professional Indemnity Insurance (PII) for architects. The guideline sets out what is required under the legislation and the relevant Ministerial Order and provides guidance as to:
- when the insurance is required to be obtained
- who must obtain it
- the extent of coverage
- what must be provided to the ARBV for registration and renewal of registration
- the consequences of not having insurance or having inadequate insurance; and
- guidance as to the sorts of claims covered and what to do when retiring from practice.
The second new guideline, The provision of architectural services by approved companies or partnerships with unregistered employees, relates to the regulation under the Architects Act of approved companies and partnerships' use of staff who are not registered architects. It provides guidance and practical examples regarding:
- the requirement for a director or partner to be responsible for carrying out of architectural services
- when unregistered staff may be used by approved companies and partnerships
- the requirement for supervision of unregistered staff, together with guidance as to what that entails; and
- the prohibition on representing or allowing people to think that unregistered staff are architects.
We encourage all architects to access and read the guidelines available on the ARBV website to ensure that their current practices meet the relevant requirements.
Continuing professional development audit 22/23FY
The ARBV recently audited a random sample of architects (practising) who made a positive declaration at renewal in 2023, confirming they complied with CPD requirements during the preceding year.
Auditees were asked to provide a record of their CPD activities for the period 1 July 2022 to 30 June 2023, including any documents supporting formal hours accrued. Unfortunately, the audit results were disappointing with over 40% of respondents providing insufficient proof of their CPD activities to substantiate the positive declaration made at the time of renewal.
The audit has highlighted the need for all architects in the practising class to keep an accurate record of their CPD activities for at least 5 years. All supporting documents should clearly identify the architect as the participant in claimed CPD activities. This will ensure that if you are selected to participate in a future CPD audit, you have a complete record of your CPD activities ready to provide the ARBV.
CPD serves as a vital educational tool, helping architects stay current with the latest compliance requirements. It also fosters connections among architects and promotes innovation within the field.
If there are personal circumstances (such as ill health) which have impacted your ability to meet your CPD obligations during the registration year, you may seek an exemption. If you intend to seek an exemption to your CPD obligations you need to notify the ARBV, in writing, for approval within the relevant registration year or within 2 months of the end of the registration period and keep a record of the granted exemption.
Lastly, you should complete your registration renewal and CPD declaration yourself and be mindful that it is an offence under section 67 of the Architects Act 1991 to make false statements to the ARBV.
The Architects Act 1991 (the Act) provides that all architects in the practising class must comply with CPD requirements and provide written proof of their compliance. This proof is in the form of a declaration made during the annual renewal process. In addition to this, the Victorian Architects Code of Professional Practice (Schedule 1 of the Architects Regulations 2015) requires architects to maintain their skills and knowledge.
More information regarding CPD requirements can be found on the ARBV website.
Where designs are not coordinated between design consultants – the risks for Architects
Presented by the ARBV, this webinar will provide an overview of the Building Act and National Construction Code requirements for a satisfactory building design in Victoria and how a lack of consultation between design consultants, including architects, engineers and fire safety consultants can result in non-compliant buildings and litigation regarding defects. Tuesday, 26 March 12-1pm.
Due to popular demand this webinar has reached capacity. We will be hosting this webinar again for those who were unable to register, a new invitation will be sent once a date is confirmed. The recording will also be made available on the ARBV website following the live session.
Building: Livable Housing NCC 2022
The Victorian Building Authority's (VBA) upcoming Practitioner Education Series webinar, Building: Livable Housing NCC 2022, aims to increase practitioner awareness of how to implement the Livable Housing Standard in various contexts. Thursday, 28 March 2024 at 12pm.
Architects Tribunal Update
Disciplinary inquiries are conducted by the Architects Tribunal, which is independent of the Board. The Architects Tribunal is currently considering 12 matters relating to the following conduct:
- Inadequate communication by the architect about the project or failing to listen to the client’s instructions.
- Failing to properly document the client-architect agreement.
- Failing to act with skill and care in providing architectural services.
- Unreasonable delays in the provision of architectural services.
- Failing to properly document the client-architect agreement.
- Failing to act with skill and care in providing architectural services.
- Unreasonable delays in the provision of architectural services.
- Failure to provide services with due skill, care and diligence.
- Incompetent design or specifications.
- Inappropriate billing practice.
Become a Member - Indigenous Architecture and Design Australia
Dedicated to supporting Indigenous design, architecture, and planning in Australia, IADA serves as a platform for Indigenous professionals in these fields to collaborate, share knowledge, and build a strong network. The organisation fosters a nurturing community that encourages the talents of Indigenous designers and architects, offering opportunities for networking, professional development, and advocacy.
Membership is open to any person who is at least 15 years old and an Aboriginal and Torres Strait Islander Person and person who is involved in design within the built environment in Australia, including Architects, Interior Designers, Landscape Architects, Planners, as well as graduates and students pursuing careers in those professions.
Fit and Proper person declaration - what you need to know
To maintain registration as an architect (practising), you need to renew your registration each financial year by making the relevant declarations and paying the required fee.
If you have been the subject of any conduct matters, received disciplinary action or had any criminal convictions in the past 12 months you will need to select 'No' in the Fit and Proper person declaration. This could affect your fitness to practise.
What happens when you select 'No' in the Fit and Proper person declaration?
If you select ‘No’ for this declaration you will need to provide background on this selection. The ARBV may also ask for further information on the matter that could include documents detailing any conviction or disciplinary matter. The ARBV will then assess the impact this has on your registration and will determine if you are able to maintain your registration. If the matter you disclose will impact your registration, you will be contacted to discuss the impact and next steps.
Please note, it is an offence to make a false declaration to the ARBV.
You can contact the ARBV's registration team on 03 9417 4444 if you need assistance completing the Fit and Proper person declaration.
Frequently asked questions
At the ARBV we receive a range of questions throughout the year from both architects and consumers. Here are a few FAQs we thought you may be interested in.
Question: What training is available for the NCC changes?
Response: The Australian Building Codes Board NCC website has an extensive resource library with new videos and articles being added regularly. The NCC website can be found at https://ncc.abcb.gov.au/resources.
The VBA also has a range of information and videos available on their website. https://www.vba.vic.gov.au/building/regulatory-framework/ncc-2022
Question: As an architect, how do I protect myself should a client or third-party request project material?
Response: You should establish a shared understanding of access to project material (project documents, files, and data) in your client-architect agreement. In doing so, both you and the client are protected. Architectural services should not be provided without a compliant written agreement and the ARBV recommends including information relating to access to project material within your client-architect agreement. For further information, refer to the ARBV guideline “Informing and agreeing on client access to project material”.
