Architects Regulations 2015 - ARBV · professional standards in the Victorian Architects Code of...

© The State of Victoria Department of Environment, Land, Water and Planning 2015

This document provides a comparison between the 2004 regulations and the 2015 regulations. The purpose is to provide a quick point of reference for the location of equivalent provisions and a brief commentary on the changes made.

The Architects Regulations 2015:

Specify the standard of professional conduct and practise for architects in the Victorian Architects Code of Professional Conduct.

Introduce a power to conduct an election for the nomination of architects to the Board using technology assisted voting and computer counting

Simplify classes of registered architect to ‘practising’ and ‘non practising’.

Provide that architects registered as ‘retired’ architects are now registered as ‘non practising’ architects.

Abolish annual fees for non practising architects.

Prescribe fees in fee units, which are indexed annually.

Provide for the production of a certified extract of the Register in relation to an architect, an approved partnership or an approved company.

This document contains general advice only, and does not take into account your particular needs or circumstances. All persons should seek independent advice from appropriately qualified professionals regarding the application of the Architects Act 1991 and the Architects Regulations 2015.

Architects Regulations 2015

Comparison of 2004 and 2015 Regulations

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2004 Regulations Comment 2015 Regulations

Version No. 005


S.R. No. 51/2004

Version incorporating amendments as at 20 May 2014


S.R. No. 28/2015

PART 1—PRELIMINARY

1 Objectives

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

The objectives of the 2015 Regulations have been updated to reflect the content of the 2015 Regulations.

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are—

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

(b) to prescribe the procedures for the nomination of architects 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 registration and approval; and

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

(e) to prescribe other matters to give effect to the Architects Act 1991.

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conducting those examinations and for attendance at committee meetings authorised by the Board; and

Reg. 1(d) amended by 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.

2 Authorising provision

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

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 24 May 2004.

The current regulations will sunset on 20 May 2015.

3 Commencement

These Regulations come into operation on 19 May 2015.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

4 Revocation

(1) The Architects regulations 20041 are revoked.

(2) The following Regulations are revoked—

(a) Architects (Amendment) Regulations 20052;

(b) Architects (Amendment) Regulations 20073;

(c) Architects Amendment (Fees) Regulations 20134.

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5 Definitions

(1) In these Regulations—

Act means the Architects Act 1991;

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

developer means developer, builder, project manager or construction manager;

newspaper means 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.

A number of new definitions have been inserted to ensure consistent application of terms within the 2015 Regulations.

The definition of client has been expanded using the word ‘entity’ which includes individuals, bodies corporate, and unincorporated bodies and associations.

Additional definitions have been inserted to refer to the AACA and the programs and examinations that it sets, licenses, and maintains. These include the national Architectural Practice Examination (APE), the National Program of Assessment (NPrA), and international mutual recognition through the APEC Architect Supplementary Assessment.

Definitions of developer and newspaper in the 2004 regulations have been omitted because these terms are not used in the 2015 Regulations.

5 Definitions

In these Regulations—

AACA means the Architects Accreditation Council of Australia ACN 109 433 114;

APEC Architect Supplementary Assessment means the domain specific professional examination process maintained by the AACA as the Australian domestic monitoring committee for the Asia-Pacific Economic Cooperation Architect Project;

Architectural Practice Examination means the Architectural Practice Examination maintained by the AACA;

ballot paper means a ballot paper prepared in accordance with regulation 33 and includes a ballot paper prepared for the purposes of conducting a technology assisted vote;

building practitioner has the same meaning as in the Building Act 1993;

candidate profile means the profile of a candidate provided by a nominee under regulation 26;

client means an entity with whom an architect, an approved partnership or an approved company enters into an agreement (whether or not for payment) to provide architectural services;

corresponding registration board means the following—

(a) Australian Capital Territory Architects Board

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established under section 64 of the Architects Act 2004 of the Australian Capital Territory;

(b) NSW Architects Registration Board established under section 59 of the Architects Act 2003 of New South Wales;

(c) Northern Territory Architects Board established under section 5 of the Architects Act of the Northern Territory;

(d) Board of Architects of Queensland established under section 77 of the Architects Act 2002 of Queensland;

(e) Architectural Practice Board of South Australia established under section 4 of the Architectural Practice Act 2009 of South Australia;

(f) Board of Architects of Tasmania established under section 3 of the Architects Act 1929 of Tasmania;

(g) Architects Board of Western Australia established under section 5 of the Architects Act 2004 of Western Australia;

National Program of Assessment means the competency based assessment process conducted by the AACA to determine whether a person's skills are equivalent to those of a person who has completed a qualification in architecture referred to in regulation 14;

nomination day means the day for the close of nominations determined by the Returning Officer under regulation 25(3);

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officer in relation to an approved company, means—

(a) a person who is an officer (as defined in section 9 of the Corporations Act) of the company; or

(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the company;

Returning Officer means the Returning Officer under regulation 23;

the Act means the Architects Act 1991;

the Code means the Victorian Architects Code of Professional Conduct set out in Schedule 1.

PART 2—PROFESSIONAL CONDUCT

Division 1—General obligations

PART 2—PROFESSIONAL CONDUCT

Division 1—General obligations

6 Standard of practice

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

The 2015 Regulations insert professional standards in the Victorian Architects Code of Professional Conduct (Schedule 1).

6 Standard of practice

The standard for professional conduct and practice for architects is set out in the Code.

The 2015 Regulations have been substantially restructured along thematic lines to improve clarity and conceptual coherence.

The guidelines power is equivalent to regulation 17 in

7 Guidelines

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

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

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the 2004 regulations.

The publication requirements have been modernised to account for increased use of electronic communication between the Board and registered architects.

(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

(b) to be available to every architect on the Register; and

(c) to be published on the Board’s website.

The 2015 Regulations introduce a new power to enable the Board to advise an architect if the Board reasonably suspects that there is a compliance issue to be addressed.

8 Board may advise an architect on compliance

(1) The Board may give written advice to an architect on a matter in relation to which the Board determines, under section 18 of the Act, that an inquiry should not be held under Part 4 of the Act.

(2) Without limiting subregulation (1), the Board may advise an architect in relation to a practice or conduct that the Board believes or reasonably suspects—

(a) does not comply with the guidelines prepared under regulation 7; or

(b) does not comply with the Act or these regulations; or

(c) affects an architect’s fitness to practise; or

(d) amounts to unprofessional conduct.

7 Duties

An architect must—

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

Equivalent provisions are now incorporated in the Code (Sch.1) in the 2015 Regulations.

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

Refer to clauses 5, 7, 8, 9, 10, 11, 13 and 14 of the Code in the 2015 Regulations.

8 Notice 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.

Refer to clauses 10, 12, and 14 of the Code in the 2015 Regulations.

9 Client's consent

(1) After giving notice under regulation 8, an

Equivalent requirement inserted at clause 12 of the Code in the 2015 Regulations.

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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

10 Administering contract conditions

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

Equivalent requirement inserted at clause 5 of the Code in the 2015 Regulations.

11 Source 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

Obligations clarified in the Code. In addition, members of approved partnerships and directors of approved companies must take all reasonable steps to ensure that the approved partnership or

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contract of engagement; or

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

approved company discloses paid referrals and paid endorsements.

Refer to clauses 6, 11, and 13 of the Code in the 2015 Regulations.

12 Correctness of representations

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.

Equivalent provision included in clauses 1, 3, 6 and 7 of the Code in the 2015 Regulations.

Clause 16 of the Code imposes professional obligations on architect members and directors of approved partnerships and companies to take all reasonable steps to ensure that the approved partnership or company complies with the equivalent provisions.

13 Disclosure of name of architects

Reg. 13(1) amended by 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) substituted by S.R. No. 53/2005 reg. 6(2).

(2) An architect who is a member of an

Equivalent provisions are included in the Code. For architects at clause 15(2); and for approved partnerships and companies, at clause 16 of the Code in the 2015 Regulations.

The obligation to disclose the names of all architect partners

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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) substituted by 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.

and directors in all written communications has been relaxed in the 2015 Regulations.

14 Defining 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.

An equivalent provision is now at clause 4 of the Code in the 2015 Regulations.

Clause 4 of the Code prescribes relevant matters to be included in an agreement for the provision of architectural services.

Clause 9(2)(a) of the Code requires that an architect retain a copy of an agreement signed by the client.

Further obligations to inform the client are imposed by clauses 6, 7 and 8 of the Code.

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Division 3—General

15 Conduct of partnerships and companies

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) amended by S.R. No. 53/2005 reg. 8(1)(a).

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

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

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

Clause 16 of the Code imposes a separate obligation on an architect member or director of an approved partnership or company to take all reasonable steps to ensure that the approved partnership or company complies with the requirements of the Code.

16 Unprofessional 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) amended by S.R. No. 53/2005 reg. 8(2).

(b) a partner of an approved partnership

The 2004 regulation dealing with unprofessional conduct has been revised to account for the introduction of the Code, and the duty to notify the Registrar of a change in information.

9 Unprofessional conduct

(1) An architect who contravenes the Code is guilty of unprofessional conduct.

(2) An architect who contravenes regulation 18(a) without reasonable excuse is guilty of unprofessional conduct.

(3) An architect partner of an approved partnership that contravenes regulation 18(b) without reasonable excuse is guilty of unprofessional conduct.

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or a director of an approved company who contravenes one or more of regulations 6 to 14 by operation of regulation 15 is guilty of unprofessional conduct.

(4) An architect director of an approved company that contravenes regulation 18(c) without reasonable excuse is guilty of unprofessional conduct.

(5) Nothing in this regulation limits the meaning of unprofessional conduct.

17 Guidelines


(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

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

An equivalent provision is at regulation 7 of the 2015 Regulations.

PART 3—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES

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The classes of registration have been simplified to ‘practising’ and ‘non-practising’ architects.

The class of ‘retired architect’ has been removed.

A transitional provision that converts retired architects to non-practising architects is at regulation 45 of the 2015 Regulations.

Retired architects are not required to take any action for this change to occur.

Division 1—Process

10 Classes of registration

(1) For the purposes of section 9(2)(b) of the Act, the following classes of registration of architects are prescribed—

(a) practising architect;

(b) non-practising architect.

(2) An individual may be registered as a practising architect if the person—

(a) is eligible to be registered as an architect under section 10 of the Act; and

(b) intends to carry out work as an architect; and

(c) is covered by the required insurance; and

(d) has—

(i) paid the relevant annual fees in accordance with section 15(1) of the Act; or

(ii) failed to pay the relevant annual fees, but has given a satisfactory explanation of the failure and paid the relevant annual fees together with the additional fee prescribed in regulation 20(2).

(3) An individual may be registered as a non-practising architect if the person—

(a) is eligible to be registered as an architect under section 10 of the Act; and

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(b) has been registered as an architect under section 11 of the Act; and

(c) does not intend to carry out work as an architect; and

(d) has informed the Board of that intention.

Equivalent provisions are at rr.41-42 of the 2004 regulations.

The prescribed forms in Schedule 2 of the 2004 regulations have been omitted. Instead, the essential information required to be included in an application has been prescribed, leaving the Board free to determine a suitable form.

An express power permitting the Board to ask an architect to provide evidence of the architect’s standard of professional practice has been introduced to reflect the operation of the Board’s Policy on applications to return to the Register of Architects after a period of time off the Register.

Applications for registration as

11 Application for registration as an architect

(1) For the purposes of section 9(2) of the Act, an application for registration as an architect—

(a) must be in writing; and

(b) must specify the class of registration sought; and

(c) must include the information referred to in regulation 17(b) and (e); and

(d) if known to the applicant, must include the information referred to in regulation 17(a)(ii); and

(e) may include additional personal contact information not for publication in the Register.

(2) Subject to subregulation (3), the prescribed fee for an application for first registration as a practising architect is 9 fee units.

(3) In the case of an application for registration as a practising architect by an architect who has been registered as a non-practising architect for 2 or more years immediately before the date of the application—

(a) the Board may ask the architect to provide evidence of the architect's standard of professional practice;

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a non-practising architect, or subsequent registration as a practising architect within two years of registering as a non-practising architect, are not subject to an additional fee.

and

(b) the prescribed fee is 6.5 fee units.

Note

The Mutual Recognition (Victoria) Act 1998 and the Trans-Tasman Mutual Recognition (Victoria) Act 1998 may apply in relation to registration as an architect in Victoria.

Equivalent provisions are at regulations 41-42 of the 2004 Regulations.

12 Application for approval of a partnership or company

(1) For the purposes of section 12(2) of the Act, an application for approval must—

(a) be in writing; and

(b) include the information referred to in regulation 17(c) or (d) as applicable; and

(c) include the information referred to in regulation 17(e) in relation to any architect member or director.

(2) In the case of an application for approval of a partnership—

(a) each member of the partnership must verify the information in the application by statutory declaration; and

(b) the prescribed fee is 5 fee units.

(3) In the case of an application for approval of a company—

(a) each director must verify the information in the application by statutory declaration; and

(b) the prescribed fee is 9 fee units.

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The APE, being a national examination licensed by the AACA, is a consideration relevant to the Board’s decision of whether a person has obtained a standard of professional practise satisfactory to the Board.

Division 2—Qualifications

13 Qualifications—standard of professional practice

For the purpose of section 10(b) of the Act, the Board must have regard to the successful completion by an applicant of the Architectural Practice Examination.

The relevant qualifications are prescribed in Schedule 3.

Regulations 14(b) – (d) in the 2015 Regulations reflect regulation 44(d) of the 2004 Regulations.

Regulation 14(b) of the 2015 Regulations includes qualifications published by the board under regulation 16.

Regulations 14(c) and (d) of the 2015 Regulations provide mutual recognition for qualifications approved by corresponding registration boards.

14 Qualifications in architecture

For the purposes of section 10(c)(i) of the Act, the prescribed qualifications are—

(a) a qualification specified in column 2 of Schedule 2 given by a body specified in column 1 of that Schedule in accordance with a condition, if any, specified in column 3 of that Schedule; or

(b) a qualification set out in a list of approved academic qualifications published by the Board under regulation 16; or

(c) a qualification recognised by a corresponding registration board and accepted by the Board; or

(d) a qualification obtained outside Australia and recognised by the Board to be equivalent to a qualification specified in column 2 of Schedule 2 or paragraph (b) or (c).

The prescribed course of study for the purposes of section 10(c)(ii) of the Act provides for an alternate pathway to

15 Prescribed course of study

For the purposes of section 10(c)(ii) of the Act, the prescribed course of study is—

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qualification once 5 years of professional knowledge has been obtained.

The prescribed course of study includes the NPrA, the APEC Architect Supplementary Assessment, and other satisfactory courses of study published by the Board under regulation 16 of the 2015 Regulations.

(a) the National Program of Assessment; or

(b) the APEC Architect Supplementary Assessment; or

(c) an approved course of study set out in a list published by the Board under regulation 16.

Regulation 16 requires the Board to publish a supplementary list of approved qualifications or courses of study from time to time.

This regulation is similar to the discretion at regulation 44(d) of the 2004 Regulations.

16 Board may approve list of qualifications or courses of study

(1) For the purposes of regulations 14 and 15, the Board, from time to time, may publish a list of approved qualifications in architecture or approved courses of study in the Government Gazette.

(2) If the Board publishes a list under subregulation (1), it may publish the list on its website.

Refer to regulation 50 of the 2004 Regulations.

Insurance details have been added to the register to attract the evidentiary presumptions in section 65 of the Act, and to bolster the consumer protection aspects of the scheme.

Division 3—The Register

17 Contents of the Register

For the purposes of section 16 of the Act, the following are the prescribed particulars—

(a) in the case of any architect—

(i) the date of registration; and

(ii) the registration number; and

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Adding the insurance details to the register, combined with the right to a certified extract under regulation 19 of the 2015 Regulations, ensures that consumers are able to independently verify that their architect holds the required insurance.

The Board may rely upon its discretion under section 14(4) of the Act concerning the means of publication (or not) of commercially sensitive information such as levels of indemnity.

(iii) the class of registration; and

(iv) if the architect holds a specialist qualification, the nature of that qualification; and

(b) in the case of an architect who is a member of an approved partnership or a director of an approved company—

(i) the name and approval number of the approved partnership or approved company; and

(ii) when the architect becomes a member or director and, if applicable, ceases to be a member or director;

(c) in the case of an approved partnership—

(i) the date of approval; and

(ii) the approval number; and

(iii) the name and address of each member of the partnership; and

(iv) the name and registration number of each architect member;

(d) in the case of an approved company—

(i) the date of approval; and

(ii) the approval number; and

(iii) the name and registration number of each architect director;

(e) details of the required insurance by which each

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practising architect is covered, including the following—

(i) the name and ABN, ACN or ARBN of the insurer;

(ii) the name of the policy holder;

(iii) the policy number;

(iv) the date of issue and the expiry date of the policy;

(v) the level of indemnity;

(vi) the architects insured under the policy.

Currently required by regulation 51 of the 2004 regulations.

Regulation 18 of the 2015 Regulations imposes a duty to inform the Registrar of a change in relevant information.

Non-compliance is unprofessional conduct (regulation 9).

18 Notification of changed information

The following persons must notify the Registrar of any change in relation to information contained in the Register in writing and within 14 days of the change—

(a) in the case of an entry relating to the registration of a practising architect, the architect;

(b) in the case of an entry relating to the approval of a partnership, an architect member;

(c) in the case of an entry relating to the approval of a company, an architect director.

Note

A contravention of this regulation by an architect without reasonable excuse is unprofessional conduct (see regulation 9).

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New provision inserted to enliven section 65 of the Act. Provides a means by which an interested person may access information relevant to an architect’s registration.

19 Certified extract of Register

(1) A person may apply in writing to the Registrar for a certified extract from the Register.

(2) If the extract requested is not in relation to the applicant's own record of registration, the application fee is 4 fee units.

(3) A certified extract from the Register in relation to an individual must include the following—

(a) the name of the individual;

(b) the individual's registration number;

(c) the address nominated by the individual for publication in the Register;

(d) the registration history of the individual;

(e) whether the individual was covered by the required insurance on a day, or days, specified;

(f) the name and ABN, ACN or ARBN of the insurer or insurers by which the individual was covered by the required insurance;

(g) if the individual is or has been an architect member or director of an approved partnership or approved company—

(i) any period of such membership or appointment as director; and

(ii) the name and approval number of the approved partnership or approved company.

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(4) A certified extract from the Register in relation to an approved partnership must include the following—

(a) the name of the approved partnership;

(b) the partnership's approval number;

(c) the address of the partnership's principal place of business;

(d) the approval history of the partnership;

(e) the name and registration number of each architect member;

(f) any period of membership of each architect member of the approved partnership; and

(g) the name of each member in the approved partnership.

(5) A certified extract from the Register in relation to an approved company must include the following—

(a) the name of the approved company;

(b) the company's approval number;

(c) the address of the company's principal place of business;

(d) the approval history of the company;

(e) the name and registration number of each architect director;

(f) any period of appointment as director of each architect director of the approved company.

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(6) Not more than 10 business days after the receipt of an application for a certified extract from the Register, the Registrar must—

(a) prepare and certify an extract of the Register; and

(b) at the applicant's election, cause the certified extract to be—

(i) made available; or

(ii) posted to an address in Australia; or

(iii) provided by means of an electronic communication.

Annual fees are now prescribed in fee units.

Replaces regulation 41 of the 2004 Regulations.

Division 4—Other matters

20 Annual fees

(1) For the purposes of section 15(1) of the Act, the prescribed annual fee—

(a) for a practising architect is 20 fee units; and

(b) for an approved partnership is 25 fee units; and

(c) for an approved company is 30 fee units.

(2) For the purposes of section 15(4) of the Act, the prescribed additional fee for a practising architect, an approved partnership or an approved company is 6 fee units.

No change was required for this regulation.

21 Prescribed time for Board to make decision

For the purposes of sections 42(1)(b), 42(1)(f), 43(b) and

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Equivalent is regulation 52 in the 2004 regulations.

43(e) of the Act, the prescribed time is 3 months.

PART 3—THE BOARD

Division 1—Nomination of certain members of the Board

PART 4—THE BOARD

18 Nominated members of the Board


(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 6 weeks 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;

The process of notifying of a vacancy and calling for nominations has been simplified and consolidated into regulations 25 and 26 of the 2015 Regulations.

Notice of a vacancy, a call for nominations, and an election, must now be published in the Government Gazette.

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(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) substituted by 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) inserted by 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;

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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 to the Board

Division 1—Election of architects for nomination to the Board

19 Application of Division

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.


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.

20 Returning Officer

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

This provision has been broadened to permit the conduct of an election by a fee-for-service provider.

23 Returning Officer

The Returning Officer for the conduct of an election is—

(a) the Registrar; or

(b) a fee for service election provider nominated by the Board on the Registrar's recommendation.

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21 Poll clerks

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

For clarity, poll clerks are now described as election officials.

24 Election officials

The Returning Officer may appoint any election officials necessary to assist in the conduct of an election.

22 Notice of elections for nominations to the Board

(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 21 days 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 21 days after the notice is given under this section).

(2) The Returning Officer shall determine the

The requirements to give notice of elections have been simplified.

Regulation 25 of the 2015 Regulations incorporates the essential elements of regulations 18 and 22 of the 2004 Regulations.

Under regulation 25, a notice is to be published in the Government Gazette containing the procedural information necessary to nominate an electoral candidate.

25 Notice of elections for nominations to the Board

(1) The Returning Officer must publish a notice of election—

(a) at least 3 months before the expiry of the office of a member of the Board nominated by architects under section 47(2)(c) of the Act; or

(b) if an office becomes vacant other than by expiry.

(2)The notice of election must be published in the Government Gazette and must specify the following—

(a) the number of vacancies to be filled;

(b) the polling day;

(c) the nomination day;

(d) that nominations must be received by 12 noon on the nomination day;

(e) how nominations are to be made;

(f) any other information required by the Returning Officer to be submitted with the nomination.

(3)The Returning Officer may determine the dates of the nomination day and the polling day.

(4)The nomination day must be—

(a) at least 21 days after the day on which the notice of

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dates of nomination day and polling day.

election is published; and

(b) at least 21 days before the polling day.

(5)In the case of an election to fill a vacancy relating to the expiry of a member's term of office, the polling day must be at least 21 days before the expiry.

23 Method 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 12 noon 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).

The process and rules for nominating an electoral candidate previously contained in regulations 18, 22, 23 and 24 of the 2004 Regulations have been simplified and consolidated in regulations 25 and 26 of the 2015 Regulations.

26 Nomination

(1) The Returning Officer must prepare a nomination form for the purposes of an election.

(2) Any architect may be nominated as a candidate for an election by lodgement of a nomination form with the Returning Officer by 12 noon on the nomination day.

(3) A nomination must be made by 2 individuals who are entitled to vote at the election.

(4) A nomination must be accompanied by—

(a) a candidate profile; and

(b) the written consent of the nominee.

(5) A candidate profile must—

(a) be limited to relevant professional information about the candidate and other information directly relevant to the functions or operations of the Board under the Act; and

(b) be clearly legible; and

(c) not exceed 200 words; and

(d) comply with other requirements as to form determined by the Returning Officer.

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(6) A nomination is invalid if—

(a) the nomination is not made by the use of a nomination form prepared by the Returning Officer; or

(b) the nomination form is not completed in accordance with—

(i) instructions contained in the form; or

(ii) the requirements of this regulation; or

(c) the nomination form, the candidate profile and any other required information are not received by the Returning Officer by 12 noon on the nomination day.

(7) If the Returning Officer finds that a nomination is or may be invalid or defective, the Returning Officer may notify the person concerned and allow that person to remedy the defect by 12 noon on the nomination day.

24 Form 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—

Nomination requirements are now incorporated into regulation 26 of the 2015 Regulations.

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(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).

25 Withdrawal of nomination

(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

Equivalent provision maintained and simplified.

27 Withdrawal or death of a candidate

(1) A candidate for election may withdraw the candidate's consent to nomination by lodging a notice of retirement with the Returning Officer at any time before the commencement of the scrutiny of votes in the election.

(2) If a candidate withdraws, dies or ceases to be an architect after the nomination day but before the commencement of the scrutiny of votes in an election, all votes for that candidate (if any) must be discarded.

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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.

26 Uncontested election

(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.

The Returning Officer is required to notify the Minister of the result of the election of architects for nomination to the Board, and to publish a declaration of the result of the election for nomination in the Government Gazette.

Under regulation 39 of the 2004 Regulations, the Returning Officer was required to publish the notice in a newspaper.

28 Uncontested election

(1) If the number of candidates is less than or equal to the number of vacancies to be filled, the Returning Officer must publish a notice in the Government Gazette declaring the candidate or candidates elected and forward a copy of the notice to the Minister.

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

27 Contested 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.

Division 2—Contested election


This Division applies if the number of candidates is greater than the number of vacancies to be filled.

30 Returning Officer must cause an election to be held

The Returning Officer must cause an election to be conducted in accordance with this Division.

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The method of voting has been expanded to enable the conduct of an election using a paper ballot, technology assisted voting, or a combination both.

31 Method of voting

(1) The Returning Officer must determine the method of voting to be used not more than 5 days after the nomination day.

(2) The election may be conducted by—

(a) technology assisted voting; or

(b) a paper ballot; or

(c) a combination of technology assisted voting and paper ballot.

(3) Before the election is conducted, the Returning Officer must arrange for all candidate profiles to be—

(a) made available to every architect; and

(b) published on the Board's website.

This requirement in subregulation 30(1) of the 2004 Regulations.

32 Architect must not vote more than once

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

28 Printing 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

The Returning Officer must approve the form of the Ballot Paper under the 2015 Regulations.

33 Ballot paper

(1) The Returning Officer must approve the form of the ballot paper.

(2) The order of names on the ballot paper must be determined by lot drawn by the Returning Officer.

(3) Each ballot paper must—

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

(b) include the full name of each candidate displayed in

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(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.

the order determined by lot; and

(c) provide instructions for marking the ballot paper; and

(d) provide any other instruction considered necessary by the Returning Officer.

Procedural requirements apply to both technology assisted voting and paper ballot.

The method of election was modified from first-past-the-post to optional-first-past-the-post to increase the proportion of formal votes.

34 How to mark the ballot paper

(1) To cast a vote, an architect must mark the square opposite the name of each candidate for whom the architect is voting.

(2) The number of squares marked must not exceed the number of vacancies to be filled in the election.

(3) The Returning Officer must reject as informal a ballot paper where the number of squares marked exceeds the number of vacancies to be filled in the election.

(4) Subject to subregulation (3), a ballot paper must be given effect to according to an architect's intention so far as the architect's intention is clear.

A detailed procedure for the conduct of a paper ballot is now included at Schedule 3 of the 2015 Regulations.

35 Procedure for conduct of paper ballot

The procedure in Schedule 3 applies if the method of voting is or includes the use of a paper ballot.

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The voting system now allows for the conduct of an election using technology assisted voting.

The Registrar has been conferred discretion to approve and publish procedures that will ensure a free, fair and secret vote when using technology assisted voting.

36 Procedure for technology assisted voting

(1) The Registrar may approve procedures to enable voting at an election using technology assisted voting.

(2) The approved procedures must—

(a) provide for the authentication of each architect's vote; and

(b) ensure the secrecy of each architect's vote; and

(c) provide for each architect to review and, if desired, amend the architect's vote before casting it; and

(d) ensure that any vote cast in accordance with the approved procedures is securely transmitted and stored by the Returning Officer; and

(e) be published on the Board's website.

Ballot may be conducted using a combination of technology assisted voting or by paper ballot.

37 Conduct of ballot by a combination of technology assisted voting and paper ballot

If an election is conducted by a combination of technology assisted voting and paper ballot—

(a) an architect may vote by paper ballot or by technology assisted voting; and

(b) the procedure in Schedule 3 applies in relation to votes cast by paper ballot; and

(c) the procedures approved under regulation 36 apply in relation to votes cast by technology assisted voting.

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The method of election was modified from first-past-the-post to optional-first-past-the-post to increase the proportion of formal votes.

38 Counting votes

(1) Subject to subregulation (2), the candidate or candidates (as required by the number of vacancies) with the highest number of votes is or are to be elected.

(2) If the highest number of votes is received by a number of candidates that exceeds the remaining number of vacancies to be filled in an election, the Returning Officer must decide by lot which candidate is, or which candidates are, to be elected to fill the remaining number of vacancies.

A new provision to facilitate computer counting of votes has been inserted into the 2015 Regulations.

The computer counting of votes must have the same result as if the count were conducted by hand.

39 Computer counting

(1) The Returning Officer may use a computer program to carry out steps involved in the recording, scrutiny or counting of votes in an election.

(2) If a computer program is used, the method of recording, scrutiny or counting of votes under Schedule 3 may be modified according to the determination of the Returning Officer.

(3) The Returning Officer must not use a computer program unless the Returning Officer reasonably believes that the proper use of the program would produce the same result in the recording, scrutiny or counting of votes as would be achieved if the program were not used.

29 Distribution of ballot paper and accepted statements

At least 14 days before the poll, the Returning Officer must post to the

The procedure for conducting a paper ballot is now included in Schedule 3 of the 2015 Regulations.

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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.

The equivalent provision is at clause 2 of Schedule 3 in the 2015 Regulations.

30 Method 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.

Subregulation 30(1) in the 2004 Regulations has been elevated to a stand-alone regulation at regulation 32 of the 2015 Regulations.

Instructions on how to mark the ballot paper are now in regulation 34 of the 2015 Regulations.

The method of election has been modified from first-past-the-post to optional-first-past-the-post to increase the proportion of formal votes.

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31 Lodging 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.

The equivalent provision is now at clause 3 of Schedule 3 in the 2015 Regulations.

32 Duplicate ballot papers

(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


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a ballot paper, or that the ballot paper received has been lost, spoiled or destroyed.

33 Ballot 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.


34 Scrutineers

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

The eligibility for appointment, and method of appointment, of scrutineers has been clarified in the 2015 Regulations.

40 Scrutineers

(1) Each candidate may appoint one person to be a scrutineer for the purposes of the election.

(2) A candidate—

(a) is not eligible for appointment as a scrutineer; and

(b) must not be present at the scrutiny.

(3) The appointment of a scrutineer may be made by written notice served on the Returning Officer personally, by post or electronic communication.

35 Scrutiny of envelopes

As soon as practicable after 12 noon on polling day, in the presence of any

Procedures for conducting a paper ballot are now included in Schedule 3.

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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.

The equivalent provision is at clause 6 of Schedule 3 in the 2015 Regulations.

36 Adjournments

The Returning Officer may, if necessary, adjourn the scrutiny of envelopes or the counting of votes to a time and place

No substantive change was necessary.

41 Adjournments

The Returning Officer must notify the scrutineers of any adjournment of the scrutiny of envelopes or the counting of votes to a different time or place.

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which he or she must notify to the scrutineers.

37 Result 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.


42 Result of election

When counting of 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) elected in accordance with this Division.

38 Equal 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.

Consistent with the first-past-the-post voting system, equal votes are resolved by lot under regulation 38(2) of the 2015 Regulations.

39 Notification of result of election

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—

The Returning Officer must notify the Minister of the result of the election, and publish a declaration of the result of the election in the Government Gazette.

43 Notification of result of election

(1) Within 14 days after the declaration of the election result, the Returning Officer must publish a notice of the result of the election in the Government Gazette, setting out the following—

(a) the names of all the candidates;

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

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(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.

(c) the number of informal votes;

(d) whether a candidate was elected by lot drawn by the Returning Officer;

(e) the name of each candidate elected.

(2) The Returning Officer must forward a copy of the notice to the Minister.

40 Destruction 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.


44 Destruction of voting documents

The Returning Officer must cause all documents used in voting to be destroyed at the end of 3 months after forwarding the copy notice to the Minister under regulation 43.

PART 4—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES

41 Fees


(1) To be eligible to pay a fee under this regulation as a retired or non-practising 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

In line with current drafting practice, fees are now prescribed immediately following the regulated activity. Refer regulations 11, 12, 19 & 20 of the 2015 Regulations.

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which the annual fee applies.

Reg. 41(2) amended by S.R. Nos 53/2005 reg. 10(2), 40/2007 reg. 4(1).

(2) For the purpose of section 9(2)(d) of the Act, the fee prescribed for an application for registration is $110.

Reg. 41(3) amended by S.R. Nos 53/2005 reg. 10(3), 40/2007 reg. 4(2).

(3) For the purpose of section 12(2)(b) of the Act, the fee prescribed for an application for approval and registration of an approved partnership or approved company is $200.

Reg. 41(4) substituted by S.R. Nos 53/2005 reg. 10(4), 40/2007 reg. 4(3).

(4) For the purpose of section 15(1) of the Act, the prescribed annual fee is—

(a) for a retired architect, $30; and

Reg. 41(4)(b) amended by S.R. No. 33/2013 reg. 3(a).

(b) for a non-practising architect, $100; and

Reg. 41(4)(c) amended by S.R. No. 33/2013 reg. 3(b).

(c) for an approved partnership or approved company, $275; and

Reg. 41(4)(d) amended by S.R. No. 33/2013 reg. 3(c).

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(d) for any other architect, $250.

Reg. 41(5) substituted by S.R. Nos 53/2005 reg. 10(4), 40/2007 reg. 4(4).

(5) For the purpose of section 15(4) of the Act, the additional fee prescribed for late payment is—

(a) for a retired architect, $15; and

(b) for a non-practising architect, $20; and

(c) for any other architect, approved partnership or approved company, $50.

(6) For the purposes of the Act and these Regulations, the fee for—

(a) a duplicate Certificate of Registration is $50;

(b) a copy of a page of the Register is $5;

(c) a copy of the whole Register is $100.

42 Application for registration or approval

(1) The form prescribed for an application under section 9 of the Act for registration as an architect is the form in Part A of Schedule 2.

Reg. 42(2) amended by S.R. No. 53/2005 reg. 11.

(2) The form prescribed for an application

The application for registration or approval has been modernised. Refer regulations 11-12 of the 2015 Regulations.

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under section 12 of the Act for approval of a partnership is the form in Part B of Schedule 2.


(3) The form prescribed for an application under section 12 of the Act for approval of a company is the form in Part C of Schedule 2.

42A Classes of registration

For the purposes of section 9(2)(b) of the Act, the following classes of registration are prescribed—

(a) practising architects;

(b) retired or non-practising architects.

Classes of registration are now prescribed and defined at regulation 10 of the 2015 Regulations.

43 Qualifications for registration—standard of professional practice

(1) For the purpose of section 10(b) of the Act, the Board may require a natural person to undertake a written or oral architectural practice examination conducted by the Board to assess the person's standard of professional practice.

(2) The fee for an architectural practice examination conducted under subsection (1) is—

This requirement has been replaced by regulation 13 of the 2015 Regulations.

The APE, being a national examination licensed by the AACA, is now a consideration relevant to the Board’s decision of whether a person has obtained a satisfactory standard of professional practise.

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(a) for a written examination, $350; and

(b) for an oral examination, $300.

PART 5—THE STUDY OF ARCHITECTURE

44 Qualification in architecture

For the purpose of section 10(c)(i) of the Act, the following qualifications are prescribed—

(a) Bachelor of Architecture or Master of Architecture (Practice), Deakin University;

(b) Bachelor of Architecture, The Royal Melbourne Institute of Technology;

(c) Bachelor of Architecture or Master of Architecture (Coursework)—Option C, The University of Melbourne;

(d) any other architecture qualification at degree level which is approved by the Board as being equivalent to a qualification prescribed in paragraph (a), (b) or (c).

This requirement been replaced by regulations 14, 16 and Schedule 2 of the 2015 Regulations.

45 Prescribed course of study

For the purposes of section 10(c)(ii) of the Act, a prescribed course of study is the National Program of Assessment provided by the Architects Accreditation Council of

This requirement been replaced by regulations 15 and 16 of the 2015 Regulations.

The prescribed course of study has been expanded to include

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Australia.

the NPrA, the APEC Architect Supplementary Assessment, and to facilitate the addition of other satisfactory courses of study published by the Board.

Reg. 46 revoked by S.R. No. 53/2005 reg. 14.

* * * * *

47 Examination fees

(1) A candidate for an examination conducted by the Board must pay the relevant examination fee to the Board.

Reg. 47(2) revoked by S.R. No. 53/2005 reg. 14.

* * * * *

Reg. 47(3) revoked by S.R. No. 40/2007 reg. 6.

* * * * *

This provision has been omitted.

The Board remains entitled to charge reasonable fees to recover costs on additional services provided. A separate power in the regulations is not required to confer this power on the Board.

48 Appointment of examiners

The Board may appoint a suitable person or persons to examine, under its supervision, applicants for registration.

This provision has been omitted. The Board is able to rely on its general power to appoint examiners, which flows from sections 45(2)(e) and 46(1)(d) of the Act.

49 Examiners' fees

The fees payable to an examiner are—

Reg. 49(a)(b) revoked by S.R. No. 53/2005 reg. 14.

* * * * *

This provision has been omitted. The Board is able to rely on its general power to appoint examiners, which flows from sections 45(2)(e) and 46(1)(d) of the Act.

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(c) for conducting oral or practical examinations, $300 for each sitting of 4 hours or less;

(d) for attendance at Committee Meetings authorised by the Board, $100 per meeting.

PART 6—REGISTER AND REGISTRATION

50 Contents of the Register

In addition to the matters set out in section 16 of the Act, the Register is to contain the following prescribed particulars—

Reg. 50(a) amended by S.R. No. 53/2005 reg. 15(1).

(a) the date of registration or approval for each approved partnership or approved company or individual architect;

Reg. 50(b) amended by S.R. No. 53/2005 reg. 15(1).

(b) the registration or approval number allotted for each approved partnership or approved company or individual architect;

(c) where the architect holds a specialist qualification, the nature of that qualification;

Equivalent provision at regulation 17 of the 2015 Regulations.

Insurance details have been added to the register to attract the evidentiary presumptions of section 65 of the Act, and to bolster the consumer protection aspects of the scheme.

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Reg. 50(d) amended by S.R. No. 53/2005 reg. 15(2).

(d) in the case of an approved partnership, the name and address of each partner;

Reg. 50(e) substituted by S.R. No. 53/2005 reg. 15(3).

(e) in the case of an approved company, the name and address of each director and shareholder;

Reg. 50(f) inserted by S.R. No. 53/2005 reg. 15(3).

(f) details of the professional indemnity insurance held by architects listed on the Register.

51 Notification of changed information

(1) Notification of a change in information contained in the Register must be given to the Board within 14 calendar days of that change.


(2) An architect, approved partnership or approved company must provide written notification of a change of address by providing—

(a) the name recorded in the Register and any change to that name;

(b) the address recorded in the Register and any change to that address;

Equivalent provision is now at regulation 18 of the 2015 Regulations.

Because of the evidentiary value of the Register, it is unprofessional conduct for an architect to fail to inform the Registrar of a change in relevant information (see regulation 9).

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(c) any particulars prescribed under regulation 50 and recorded in the Register and any change to those prescribed particulars.


(3) Written notification under subregulation (2) by an approved partnership must be given by a member of that partnership.


(4) Written notification under subregulation (2) by an approved company must be given by the principal executive director or a director of that company.

52 Appeal times

For the purpose of sections 42(1)(b), 42(1)(f), 43(b) and 43(e) of the Act, the prescribed time is 3 months.

Equivalent provision is now at regulation 21 of the 2015 Regulations

PART 7—TRANSITIONAL

PART 5—TRANSITIONAL

Reg. 53 inserted by S.R. No. 53/2005 reg. 17.

53 Transitional

Despite regulation 45, a person who, immediately before 14 June 2005, was enrolled in a course of study prescribed by regulation 45 as in force immediately

Regulation 45 of the 2015 Regulations transitions ‘retired’ architects to ‘non-practising’ architects without imposing an obligation on the retired architect to notify the Registrar of the change.

45 Transitional—retired architects to be registered as non-practising architects

(1) An architect registered as a retired architect in accordance with the Architects Regulations 2004 as in force immediately before their revocation is taken to be registered as a non-practising architect on and from the commencement of these Regulations.

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before that date is to be treated as being enrolled in a course of study the passing of which satisfies section 10(c)(ii) of the Act to the extent that the section requires a person to pass a prescribed course of study.

(2) The Registrar must update the Register to reflect the operation of subregulation (1).

(3) Despite regulation 18, a person is not required to notify the Registrar of a change in information caused by the operation of subregulation (1).

SCHEDULE 1

Regulation 4

REGULATIONS REVOKED

S.R. Title

77/1993 Architects Regulations 1993 100/1994 Architects (Amendment) Regulations 1994 25/2000 Architects (Amendment) Regulations 2000

The Victorian Architects Code of Professional Conduct (the Code) has been based on the NSW, and QLD codes of conduct, and on the Architect’s Model Statutory Code of Professional Standards and Conduct prepared by the AACA and the Royal Australian Institute of Architects (the Architect’s Model Code).

SCHEDULE 1

Regulation 6

VICTORIAN ARCHITECTS CODE OF PROFESSIONAL CONDUCT

Division 1 — Architectural services

1 Reasonable standards of conduct

In providing architectural services, an architect must–

(a) act honestly and with reasonable care in the provision of services; and

(b) comply with all applicable laws.

Reflects the requirement to perform work in a competent manner and to a professional standard contained in

2 Suitability to perform and knowledge of services

(1) An architect in charge of a client’s project must–

(a) have suitable skill and experience to be in charge of

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regulation 6 of the 2004 Regulations.

Clause 2(2) reflects clause 4.3 of the Architect’s Model Code.

the project; and

(b) maintain a thorough knowledge of the architectural services to be provided and of matters relating the performance of those services.

(2) An architect must provide architectural services with reasonable promptness according to time programmes agreed with the client, or within a time that reasonably accords with the client’s instructions.

Reflects the obligations imposed under regulation 12 of the 2004 Regulations.

Reflects clauses 4.9 and 4.10 of the Architect’s Model Code.

3 Approval of documents

(1) An architect must not sign as checked, approved or supervised any drawings or other documents which the architect has not checked, approved or supervised.

(2) An architect must not permit the architect’s name to be used in relation to any work, document or publication to falsely represent the architect’s authorship of, responsibility for or agreement with the content or form of the work, document or publication.

Matter to be included in client agreement reflects clause 5.2 of the Architect’s Model Code.

Clause 4(3) provides a transitional provision to allow the profession time to comply with the requirements of clause 4(2).

Despite the transitional provision, an obligation to

Division 2 — Client relations

4 Client agreements

(1) An architect must not provide architectural services for a client unless the architect, or an approved partnership or approved company of which an architect is a partner or director or employee, has entered into a written agreement with the client for the provision of those services.

(2) An agreement must include the following–

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maintain a written agreement persists by operation of clause 4(1) of the 2015 Regulations (equivalent was at regulation 14 of the 2004 Regulations).

Non-compliance with clause 4 may sound in professional discipline under regulation 9 of the 2015 Regulations.

(a) the parties to the agreement;

(b) the name, registration number and contact details of the architect responsible for providing the services;

(c) the scope, nature and specific requirements of the services;

(d) the timeframes for providing the services;

(e) how the professional fees and costs of the services will be calculated;

(f) where possible, reasonable estimates of disbursements;

(g) how professional fees and costs, including disbursements, will be paid;

(h) how the architect may inform the client of progress in the provision of the services;

(i) how the client may authorise the architect to proceed with the services, or any part of the services;

(j) a requirement that the architect must inform the client how a change or amendment to the services will affect the professional fees and costs for the services;

(k) how the architect may get the client’s authority to change or amend the services;

(l) how variations to the agreement may be made;

(m) a reservation of the right of an architect to withdraw

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from the provision of services under the agreement in the circumstances set out in clause 14;

(n) how the agreement may be terminated and for what reason.

(3) Subclause (2) applies to an agreement for the provision of architectural services entered into by an architect, an approved partnership or an approved company with a client on or after 1 July 2015.

Combines equivalent provisions at regulations 7 & 10 of the 2004 Regulations.

This clause clarifies an architect’s obligations when engaging in the business of administering a building contract for a client.

5 Administering a building contract

(1) For the purposes of this clause, an architect administers a building contract for a client if–

(a) the contract concerns the construction of a building and is entered into by the client with a building practitioner; and

(b) the architect has been engaged by the client to inspect or administer the provision of services under the contract.

(2) If an architect is administering a building contract for a client, the architect must—

(a) act with integrity, fairness and impartiality in administering the building contract; and

(b) discharge the architect’s obligations in connection with the administration of the building contract diligently and promptly; and

(c) provide the client with relevant information about the administration of the building contract in a timely manner.

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Consumer protection provision. Equivalent elements of this provision are at regulations 10, 11 & 12 of the 2004 Regulations.

Reflects the content of clause 5.10 of the Architect’s Model Code.

6 Professional fees and costs

(1) An architect who has entered into an agreement under clause 4 must—

(a) provide the client with regular statements of account for the services provided under the agreement unless otherwise expressly agreed with the client; and

(b) ensure that the fees and costs charged do not exceed the fee structure of the agreement.

Consumer protection provision. Equivalent elements of this provision are at regulations 7 & 12 of the 2004 Regulations.

Reflects the content of clauses 5.4, 5.9, and 5.12 of the Architect’s Model Code.

7 Obligation to inform client

An architect must—

(a) take reasonable steps to ensure that a client is informed of decisions required of the client in respect of the services; and

(b) provide sufficient relevant information with reasonable promptness to enable a client to make an informed decision in relation to the provision of services; and

(c) respond, with reasonable promptness, to a client's reasonable requests for information or other communications about the provision of services to the client; and

(d) take reasonable steps to ensure that all information and material provided to a client is accurate and unambiguous.

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New consumer protection provision. Builds on regulation 7 of the 2004 Regulations. Reflects clause 5.7 of the Architect’s Model Code.

8 Changes in circumstances

An architect must promptly advise a client in writing of any circumstance that is likely to prevent the architect from providing the services under the agreement or from following the client’s instructions in relation to the services, including a circumstance that imposes on the architect an obligation to withdraw from the provision of services under clause 14.

Record keeping requirements reflect the prudent retention period implied by the limitation of building actions under section 134 of the Building Act 1993, and reflects clause 4.7 of the Architect’s Model Code.

9 Documents and record keeping

(1) An architect who has entered into an agreement under clause 4 must keep documents in accordance with this clause.

(2) The following documents in relation to the provision of architectural services must be kept—

(a) an agreement in writing signed by the client;

(b) correspondence;

(c) records of financial transactions;

(d) records of client instructions and meetings related to the services provided to the client;

(e) photographs of work in progress;

(f) project journals, diaries or the like;

(g) drawings and other relevant documents.

(3) Documents must be kept for the longer of—

(a) a period of 10 years after the completion of the architectural services; or

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(b) the limitation period under section 134 of the Building Act 1993.

Reflects the requirements of clause 10 of the Architect’s Model Code.

10 Confidentiality

(1) An architect must not disclose a client’s confidential information without authority.

(2) For the purposes of this clause, a client’s confidential information means any information, agreed or understood by the architect and the client to be confidential, that is acquired from or provided to a client in the course of providing architectural services to the client.

(3) An architect may disclose a client’s confidential information if–

(a) the client consents in writing to the disclosure; or

(b) the disclosure is required by law.

11 Duty to disclose paid referrals

(1) An architect must disclose the nature of a referral arrangement to a client before entering into an agreement under clause 4.

(2) An architect who is a member of an approved partnership, or a director of an approved company, must ensure that the nature of a referral arrangement is disclosed to a client before the partnership or company enters into an agreement under clause 4.

(3) For the purposes of this clause, referral arrangement means any arrangement between an architect, an

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approved partnership, or an approved company, and another person to introduce or refer clients to the architect, approved partnership, or approved company for valuable consideration.

Clarifies and expands the conflict of interest protections found in regulations 8 & 9 of the 2004 Regulations.

Conflict of interest provisions apply to architects, approved partnerships, and approved companies.

The exception applied in the 2004 regulations has been maintained.

12 Conflicts of interest

(1) An architect must not enter into an agreement with a person under clause 4 for the provision of architectural services if the agreement would result in an actual or potential conflict between the interests of–

(a) the architect and that person; or

(b) a current client and that person.

(2) An architect who is a member of an approved partnership, or a director of an approved company, must take all reasonable steps to ensure that the partnership or company does not enter into an agreement with a person under clause 4 if the agreement would result in an actual or potential conflict between the interests of–

(a) a member of the approved partnership and that person; or

(b) an officer of the approved company and that person; or

(c) a current client of the approved partnership or approved company and that person.

(3) An architect must not continue to provide architectural services to a client that results in a conflict between the interests of–

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(a) the architect and that client; or

(b) two or more current clients.

(4) An architect does not contravene this clause if the architect first–

(a) discloses the actual or potential conflict of interest to each affected person; and

(b) obtains the written consent of each affected person.

Clause 13 reflects clause 4.8 of the Architect’s Model Code.

13 Duty to disclose paid endorsements

(1) An architect must not recommend, endorse, or specify a product or service to a client if the architect receives or expects to receive an inducement from a third party to do so.

(2) An architect does not contravene this clause if—

(a) the inducement is in the nature of salary, wages or attributable personal services income from an approved partnership or approved company; or

(b) the nature and value of the inducement is first disclosed in writing to the client.

Clause 14 reflects clause 4.5 of the Architect’s Model Code.

14 Refusal to act

An architect must withdraw from the provision of any architectural services to a client if the architect reasonably believes that the provision of those services would cause the architect to contravene the Act, the regulations, or this Code.

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This clause reflects regulation 13 of the 2004 Regulations, and clauses 9.1 and 9.2 of the Architect's Model Code.

Division 3 — Architectural Practice

15 Notification of qualifications and contact details

(1) An architect must take all reasonable steps to ensure that the architect’s qualifications, experience, awards, honours and authorship are stated accurately in all documents.

(2) An architect must take all reasonable steps to ensure that the architect’s name and contact details are identified clearly and accurately on stationery, signboards, public notices and in publications.

Clause 16 has been inserted to impose professional responsibility on the architect member or director of an approved partnership or company in the provision of architectural services.

A parallel provision is located at regulation 15 of the 2004 Regulations.

Division 4 – Approved partnerships and approved companies

16 Architect member or director of approved partnership or approved company

An architect member or director of an approved partnership or approved company must take all reasonable steps to ensure that the approved partnership or approved company complies with an obligation imposed on an architect under clauses 6, 9, 10, 13 and 15 as if that obligation were imposed on the approved partnership or approved company.

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Clauses 17 and 18 reflect clauses 10.1, 10.2 and 10.3 of the Architect’s Model Code.

Division 5 — Duties to the public and the profession

17 Duty to engender confidence and respect for the profession

An architect must, by the architect’s conduct, endeavour to engender confidence in and respect for the profession of architecture.

Clauses 17 and 18 reflect clauses 10.1, 10.2 and 10.3 of the Architect’s Model Code.

18 Duty to maintain standards and integrity of the profession

An architect must, by the architect’s conduct, endeavour to maintain the standards and integrity of the profession of architecture.

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Schedule 2 prescribes an exhaustive list of current and historical qualifications accredited by the Board for the registration of architects.

SCHEDULE 2

Regulation 14

QUALIFICATION IN ARCHITECTURE

Item No.

Column 1

Body

Column 2

Qualification

Column 3

Condition

1. Deakin University Bachelor of Architecture

Must have been completed between 1 January 2004 and 31 December 2007

2. Master of Architecture

3. Master of Architecture (Design Management)

4. Master of Architecture (Design)


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5. Master of Architecture (Practice)


6. University of Melbourne

Bachelor of Architecture

Must have been completed between 31 December 1954 and 31 December 2009

7. Master of Architecture (A05-DA)

8. Master of Architecture (A05-DB)

9. Master of Architecture (M-ARCH)

10. Master of Architecture (MC-ARCHY2Y)

11. Master of Architecture (MC-ARCHY3Y)

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12. Master of Architecture - Option C (052)

Must have been completed between 31 December 2001 and 31 December 2007

13. Monash University

Master of Architecture

14. Oceania Polytechnic Institute of Education Pty Ltd ACN 075 892 723

Bachelor of Architecture

Must have been completed between 11 November 2008 and 31 December 2011

15. Royal Melbourne Institute of Technology

Associateship Diploma in Architecture

Must have been completed on or before 31 December 1979

16. Bachelor of Architecture


17. Fellowship Diploma in Architecture

Must have been completed on or before 31 December 1979

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18. Master of Architecture

Schedule 3 largely reproduces the procedural requirements included in Division 2 of Part 3 in the 2004 Regulations.

SCHEDULE 3

Regulation 35

PROCEDURE FOR CONDUCT OF PAPER BALLOT

1 Application of Schedule

This Schedule applies if the Returning Officer determines that the method of election includes a paper ballot.

Simplifies regulations 28 & 29 of the 2004 Regulations.

2 Distribution of ballot paper and candidate profiles

At least 14 days before the polling day, the Returning Officer must cause the following to be delivered to a registered address for each architect registered under the Act—

(a) a ballot paper initialled by the Returning Officer or an election official; 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 candidate profile of each candidate.

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Reflects regulation 31 in the 2004 Regulations

3 Lodging of vote

After marking the ballot paper, an architect must—

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

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

(c) sign and write the architect’s 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.


4 Duplicate ballot papers

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

(2) The notification must—

(a) be verified by statutory declaration; and

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


5 Ballot box

The Returning Officer must—

(a) provide a locked ballot box; and

(b) place all envelopes received before 12 noon on

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polling day in the ballot box which must be unopened.


6 Scrutiny 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 valid return envelope, place a mark against the architect's name in a copy of the Register; and

(d) open each valid 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 valid envelopes have been opened and all ballot papers deposited in the ballot box, open the ballot box and count the votes.

SCHEDULE 2

Regulation 42

PART A

Schedule 2 of the 2004 Regulations has been omitted in favour of the prescription of requirements at regulations 11 & 12 of the 2015 Regulations,

═══════════════

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ARCHITECTS REGISTRATION BOARD OF VICTORIA and the Board’s discretion regarding form.

APPLICATION FOR REGISTRATION AS AN ARCHITECT

1. NAME

Family name Title (Mr, Mrs, Ms etc.) Given names

2. PREVIOUS OR OTHER NAMES

If you have ever been known by any other name, please give details:

3. PLACE AND DATE OF BIRTH

State Country Day Month Year

4. ADDRESS AND CONTACT INFORMATION

(a) Residential Address

(b) Postal Address (if different from Residential Address)

(c) Business Address (address for publication in the Register)

(d) Telephone business: home: facsimile:

5. EDUCATION AND PRACTICAL EXPERIENCE

(a) Architecture Course: Where completed: Date:

OR

Endnotes

1Reg 4(1): S.R. No. 51/2004 as amended by S.R. Nos 53/2005, 40/2007 and 33/2013. 2Reg 4(2)(a): S.R. No. 53/2005. 3Reg 4(2)(b): S.R. No. 40/2007. 4Reg 4(2)(c): S.R. No. 33/2013.

―――

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2014 is $13.24. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Equivalent Qualification:

(b) Date of satisfying Board requirements for professional and practical experience:

Note: Equivalent qualifications must be approved by the Board. All architectural experience must be to the satisfaction of the Board.

Sch. 2 Pt A item 5A inserted by S.R. No. 53/2005 reg. 18(1).

5A. CLASS OF REGISTRATION

Please indicate class of registration applied for (tick one)—

(a) Practising architect

(b) Retired or non-practising architect

Sch. 2 Pt A item 5B inserted by S.R. No. 53/2005 reg. 18(1).

5B. PROOF OF PROFESSIONAL INDEMNITY INSURANCE COVER

Please provide the following information on your professional indemnity insurance—

(a) Name of insurance company

(b) Policy number

(c) Date of issue expiry date

(d) Level of indemnity

(e) Is the insurance held in your name? YES/NO

(f) Is the insurance held by your

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employer/company/partnership? YES/NO

(g) If YES to the question in paragraph (f) please provide the name or title of your employer/company/partnership

(h) Please attach a certificate of currency for the policy or a letter from your employer naming you as an insured employee.

6. REGISTRATION HISTORY

(1) In Australia:

(a) Have you ever previously registered as an architect? YES/NO

(b) Has your registration as an architect ever been suspended or cancelled? YES/NO

(c) Have you ever been disciplined as an architect for misconduct? YES/NO

(d) Have you ever as an individual or as a member of a firm or company been found to have breached the Architects Act 1958 or the Architects Act 1991 or a regulation under either of these Acts? YES/NO

If you have answered YES to any of the above, please give details here, or attach a separate page.

(2) If you have been registered or otherwise

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practised as an architect outside of Australia, please provide details of the registering authority, if any, and the period of registration (where applicable) and practice.

(3) Do you consent to the Architects Registration Board of Victoria seeking a confidential report from the relevant registering authority? YES/NO

Sch. 2 Pt A item 7 substituted by S.R. No. 53/2005 reg. 18(2).

7. CURRENT MEMBERSHIP OF APPROVED PARTNERSHIP OR COMPANIES

Please list all approved partnerships and approved companies of which you have been or currently are a member or director and specify when you became a member or director:

BUSINESS NAME ADDRESS DATE(S)

8. FITNESS TO PRACTISE

Have you ever been convicted of an indictable offence in Victoria, or an offence which if committed in Victoria would have been an indictable offence? YES/NO

If you have answered YES, please provide details.

9. DECLARATION

The following declaration must be signed in the presence of a person qualified to witness Statutory Declarations.

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I solemnly and sincerely declare that this application and declaration is true and correct in every particular and I make it in the belief that a person making a false declaration is liable to the penalties for perjury.

Signature:

Name:

Declared at

in the State of this day of 20

before me

Signature of witness

Full name and address of witness and qualification to witness a declaration.

Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958.

Sch. 2 Pt B (Heading) amended by S.R. No. 53/2005 reg. 18(3).

PART B

ARCHITECTS REGISTRATION BOARD OF VICTORIA

APPLICATION FOR APPROVAL OF A PARTNERSHIP

For each ARCHITECT partner, please provide the following information:

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1. NAME


2. REGISTRATION NUMBER:




(c) Business Address (address for publication in the Register)


For each NON-ARCHITECT partner, please provide information at items 4 to 7:

4. NAME







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(c) Business Address


7. OCCUPATION:

Sch. 2 Pt B item 8 substituted by S.R. No. 53/2005 reg. 18(4).

8. COMPLIANCE WITH THE ACT

(1) Is a member of the partnership who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the partnership? YES/NO

(2) Are the architectural services that are provided by the partnership carried out by or under the supervision of a person who is registered as an architect under the Architects Act 1991? YES/NO

(3) Is the person referred to in sub-item (2) covered by the insurance required under the Architects Act 1991? YES/NO

(4) If you have answered YES to the question in sub-item (3) please attach a certificate of currency for the insurance.

9. DECLARATION


Each of us being the partners solemnly and sincerely declare that this application and declaration is true

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and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury.

For each of the partners, complete (a) and (b)

(a) Signature:

(b) Name:

Declared at

in the State of this day of 20

before me


Full name and address of witness and qualification to witness a declaration.

Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958.

Sch. 2 Pt C (Heading) amended by S.R. No. 53/2005 reg. 18(5).

PART C

ARCHITECTS REGISTRATION BOARD OF VICTORIA

APPLICATION FOR APPROVAL OF A COMPANY

SECTION A THE COMPANY

1. NAME OF COMPANY:

2. BUSINESS NAME (where different):

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3. AUSTRALIAN COMPANY NUMBER: ACN

4. POSTAL ADDRESS:

5. TELEPHONE NUMBER:

6. FACSIMILE NUMBER:

7. ADDRESS OF REGISTERED OFFICE (if different from Postal Address):

SECTION B DIRECTORS

For each DIRECTOR, please provide the following information:

1. NAME

Family name Title (Mr, Mrs, Ms, etc.) Given names

2. PREVIOUS OR OTHER NAMES

If this Director has ever been known by any other name, please give details:






(c) Business Address

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5. OCCUPATION:

Sch. 2 Pt C Section C revoked by S.R. No. 53/2005 reg. 18(6).

* * * * *

Sch. 2 Pt C Section D substituted by S.R. No. 53/2005 reg. 18(7).

SECTION D COMPLIANCE WITH THE ACT

1. Are architectural services provided by the company? YES/NO

2. Does the constitution or do the objects of the company provide that one of the purposes of the company is the practise of architecture, or do the lawful activities of the company include the practise of architecture? YES/NO

3. Is a director of the company who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the company? YES/NO

4. Is the director referred to in question 3 covered by the insurance required under the Architects Act 1991? YES/NO

5. If you have answered YES to question 4 please attach a certificate of currency for the insurance.

SECTION E DECLARATION BY THE DIRECTORS

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Each of us being Directors do solemnly and sincerely declare that this application and declaration are true and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury.

(a) Signature:

(b) Name:

Declared at

In the State of this day of 20

before me


Full name and address of witness and qualification to take a declaration.

NOTE: PERSONS WHO MAY WITNESS THE SIGNING OF STATUTORY DECLARATIONS ARE LISTED IN SECTION

107A OF THE EVIDENCE ACT 1958.

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