Architects Act 2004

This Act is the Architects Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘architects board—see section 64.’ means that the term ‘architects board’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and important concepts for Act

The objects of this Act include the following:

to establish a board to regulate the provision of architectural services by architects;

to ensure that architects provide services to the public professionally and competently;

to provide ways to discipline architects who are found to have acted unprofessionally or incompetently;

to ensure that the public has access to information about the qualifications and competence of architects;

to establish a register of architects to provide that information.

In this section:

architect means a registered person.

In this Act:

architectural service means a service provided in connection with the design, planning or construction of buildings that is ordinarily provided by architects.

A regulation may prescribe services that are, and are not, architectural services.

Part 3 Registration

Division 3.1 Registration of architects

An individual is eligible to be registered if the individual has relevant expertise and relevant experience.

An individual has relevant expertise if the individual—

has—

a qualification declared by the registrar; or

successfully completed a course of study accredited by the architects board; or

qualifications gained outside Australia that the board is satisfied are adequate to allow the individual to practise architecture in the ACT; and

has passed an examination arranged or approved by the board to assess the person’s competence to practise architecture.

An individual has relevant experience if—

the individual has at least 2 years practical experience in the practice of architecture, of which—

at least 1 year is postgraduate experience; and

at least 1 year is in Australia; and

the architects board is satisfied that the period and kind of practise are adequate to allow the individual to competently practise architecture in the ACT.

Example for par (a) a person worked as an undergraduate in architectural services in Brussels for 18 months, then graduated and worked providing architectural services for 1 year in Melbourne

The registrar may declare a qualification for subsection (2) (a) (i).

Before making a declaration, the registrar must consult the architects board.

The architects board may accredit a course for subsection (2) (a) (ii).

A declaration or accreditation is a notifiable instrument.

Note See also s 90A (Notifiable instruments under s 8 and Legislation Act, s 47).

If an individual applies for registration, the architects board must register, or refuse to register, the individual.

The architects board must refuse to register the individual as an architect if—

the board is not satisfied that the applicant is eligible to be registered; or

the individual is disqualified from applying for registration.

Note An individual may be disqualified from applying for registration under the ACT Civil and Administrative Tribunal Act 2008, s 66 (3).

The architects board may refuse to register the individual if, because of a relevant circumstance in relation to the individual, the board is satisfied that the public interest will or might be endangered if the individual is allowed to practice architecture in the ACT.

Each of the following is a relevant circumstance in relation to an individual:

the individual is bankrupt or personally insolvent;

the individual has been convicted or found guilty of an offence against this Act;

the individual has been convicted or found guilty of an offence against a Commonwealth, Territory or State law punishable by imprisonment for 1 year or longer;

the individual’s registration (however described) under the corresponding law of a local jurisdiction has been cancelled or suspended because of an act or omission of the individual that would, if the individual were registered in the ACT and the act or omission had happened here, have allowed the individual’s registration to be cancelled or suspended.

Note Corresponding law—see dict.

To remove any doubt, the architects board may only register an individual.

Registration may be conditional.

The architects board may put a condition on a person’s registration—

on registration; or

when the registration is renewed.

Note The ACAT may also direct the registrar to place a condition on a person’s registration (see ACT Civil and Administrative Tribunal Act 2008, s 66 (2) (g) (i)).

A condition on registration may relate to—

the term of the registration; or

the kind of architecture the person is registered to practise; or

anything else relating to the practice of architecture that the architects board considers appropriate.

In considering whether to place a condition on a person’s registration, the architects board must take into consideration the following:

any relevant experience;

any history of complaints about the person’s conduct in relation to the provision of architectural services;

any disciplinary action taken in relation to the person under this Act or a corresponding Act of a local jurisdiction;

the need to protect the public from harm, for example, by limiting the public’s exposure to a financially insecure provider of architectural services.

If the architects board registers a person, the board must include in the register details of the person’s registration.

A regulation may prescribe the details required to be included in the register on registration.

Registration is for 1 year.

However, a condition on a person’s registration may provide a shorter registration period.

Division 3.2 Architects register

The director‑general must appoint a public servant as registrar.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

The registrar is responsible for managing the administration of the architects board and maintaining the register.

The registrar must exercise a function under subsection (2) in accordance with any direction from the architects board.