ARBV Update

Edition 15, December 2023

As the end of 2023 is upon us, we would like to take this opportunity to wish you all the best for the festive season and a Happy New Year.

The year 2023 has been an eventful one for the ARBV, celebrating 100 years of regulation with a centenary celebration that included a live panel discussion and an opening address by Minister for Planning the Hon. Sonya Kilkenny. We have established our new CPD program, delivering three formal CPD webinars as well as two informal sessions on APE requirements – one covering the 2023 requirements and the other covering the 2024 changes and implementation.   

In recent months, the ARBV together with the NSW ARB conducted a series of focus groups with stakeholders from across the sector to undertake a “deep dive” into key issues identified in the ARBs’ 2022 report on “Systemic Risks in the Australian Architecture Sector”.  Focus groups were run on D&C Procurement, NCC compliance, Client-Architect Relationships, and Disruptive Change.

We found the participants were highly engaged and considered when sharing their perspectives during the focus groups and we were delighted to have a diverse range of stakeholders present.

The output from the focus groups will be used as the evidence base for a report to be prepared by the ARBs, which will contain focus group insights together with an explanation of how those insights will be used by the ARBs to inform their regulatory activity moving forward. We are aiming to publish the report in the first quarter of 2024.

The importance of Continuing Professional Development

Recent proceedings in New Zealand have highlighted the importance of CPD for architects throughout all stages of their career. 

An architect (referred to as “AB”) was practising in New Zealand for many decades but showed little effort to adhere to CPD requirements and was assessed by an evaluation panel.  The panel found AB had not "taken reasonable steps to maintain the currency of [their] architectural knowledge” and was unaware of potential conflicts of interest arising from their work, did not use detailed design or contract documents and did not understand how aspects of their practice caused risk to their clients.

The New Zealand Board followed the examination panel’s recommendation and suspended AB’s registration.  This decision was later appealed to the Court by AB.

To support their case for ongoing registration, AB attempted to draw upon skills and experience gained throughout a long career rather than demonstrating how they had maintained the currency of their architectural skills and knowledge during the preceding 5 years.  AB also expressed a view that they “had not found anything to learn from other architects” in recent years and saw “no value in attending [CPD] events”.

The judge observed that AB had a “rather disdainful attitude to the requirement for [them] to undertake CPD”, and “[their] words and actions (or lack of action) seem to exhibit a resistance to the whole idea of CPD”.

The appeal was dismissed with the judge finding the material provided by AB in support of their work was not in keeping with the “practices and standards generally accepted in [their] profession as assessed by the Board and its members”.   The Board was awarded costs.

Two months after the initial dismissal, AB appealed against a New Zealand Board disciplinary hearing finding that AB had breached the Code of Minimum Standards of Ethical Conduct of Architects by failing to implement adequate terms of appointment, and by not exercising due care and diligence in preparing drawings and interacting with the local authority.

Again, the Court upheld the Board’s decision.

These recent events in New Zealand serve as a timely reminder of the relevance and importance of CPD for all Victorian architects as they meet their obligation under the Victorian Architects Code of Professional Conduct to maintain their skills and knowledge in the practice of architecture.

For more information regarding CPD in Victoria, visit the ARBV website.  You can also read more information in an advisory note on the New Zealand Registered Architects Board website https://www.nzrab.nz/Editable/Assets/Misc/Advisory-Note-15.pdf.

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: How can I protect project documents from future use, and what advice would you offer for when a client requests a copy of Cad files (uncontrolled)?

Response: A Client Architect Agreement which includes a shared understanding and consent regarding the client’s access to project documents, files and data protects both the architect and the client.

Before providing architectural services to a client, the ARBV considers it best practice to define access to project documents, files and data before providing architectural services.  In doing so, the file type or format should be specified if the material is held electronically.

While the ARBV cannot provide you with specific advice or recommendations regarding how to define a client’s rights, disclaimers or conditions, common disclaimers or conditions include:

1. a disclaimer that the project material may only be used by the named recipient and only for the purposes identified in the release form.
2. a disclaimer regarding accuracy or completeness of the project material.
3. a disclaimer that the project material may only be used for a specific site or part of site.
4. a requirement for the recipient to sign and date their acknowledgement of the conditions of release of project material.

When releasing project documents, files and data to a client or third party, the ARBV also considers it best practice to have the recipient sign a document which includes:

1. the title, date and format of each piece of project material to be released.
2. the name of the recipient.
3. the intended use.
4. any relevant conditions or disclaimers.

For more information regarding a client’s access to project material, refer to the ARBV Guideline – Informing and agreeing on client access to project material available on the ARBV website.

Question: Is a Purchase Order issued by a client that outlines the fees to be paid to the Architect and the scope of works an acceptable client-architect agreement?

Response: The Victorian Architects Code of Professional Conduct requires that an architect and client enter into a written agreement before providing architectural services. Noting that it is also a requirement to hold registration before commencing project discussions with a client. 

Client Architect Agreements (CAAs) should be project-specific, detailed, and mark the commencement of the architectural services.  This differentiates CAAs from documents, such as a fee proposal, which may be mistakenly understood to satisfy the Clause 4 obligations of the Victorian Architects Code of Professional Conduct.  You should refer to Clause 4 of the Victorian Architects Code of Professional Conduct (contained in Schedule 1 of the Architects Regulations 2015) for details of CAA requirements.  Details of Clause 4 and other information regarding CAAs can be found in our Guideline – Client-architect agreements available on the ARBV website. 

An implied or tacit agreement does not satisfactorily meet the Code’s requirement for a written agreement to be entered into. 

Question: Does the ARBV have recommendations regarding legal advice / lawyers experienced in our field? Is there any free legal assistance for small practices regarding contract / compliance?

Response: It is important that you try and resolve any issues with your client directly through effective and appropriate means of communication.  If you are unable to resolve an issue directly with your client, you may need to seek legal advice. 

The ARBV regulates the architectural industry within Victoria and does not provide legal advice or dispute resolution services to registrants.  The ARBV also cannot recommend legal practitioners to registrants, however, if you have joined an architectural membership body, you may be able to seek access to legal services or resources through the organisation via your membership.