Architects Act 2003

This Act is the Architects Act 2003.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are—

to ensure that architects provide services to the public in a professional and competent manner, and

to provide mechanisms to discipline architects who are found to have acted unprofessionally or incompetently, and

to ensure that the public is appropriately informed about the qualifications and competence of individuals or organisations holding themselves out as architects, and

to promote a better understanding of architectural issues in the community.

In this Act—

approved fee—see section 69.

architect means a person who is registered as an architect under this Act.

architect corporation or architect firm—see section 10.

Architects Fund means the Architects Fund established under section 72.

architectural qualification means a degree, diploma, certificate or other academic award conferred or awarded for a course of study in architecture.

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

architecture does not include naval architecture, computer architecture or any other architecture not concerned with buildings.

Board means the NSW Architects Registration Board constituted under this Act.

cancellation of registration—see section 23.

conduct includes any act or omission.

Deputy President means the Deputy President of the Board.

exercise a function includes perform a duty.

firm means a partnership or other unincorporated association of persons.

full registration means registration under section 17.

function includes a power, authority or duty.

neighbouring jurisdiction means each other State, Territory and New Zealand.

nominated architect means an architect nominated for the time being under section 27 as an architect responsible for the provision of architectural services by an architect corporation or architect firm.

President means the President of the Board.

Register means the register of architects referred to in section 25.

registered means registered under this Act.

Registrar means the Registrar of the Board.

temporary registration means registration under section 18.

Tribunal means the Civil and Administrative Tribunal.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

This Act does not limit or otherwise affect the operation of—

the Mutual Recognition Act 1992 of the Commonwealth, or

the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

The regulations may establish a code of professional conduct setting out guidelines that should be observed by architects in their professional practice.

The Minister may direct the Board to provide for the Minister’s consideration advice or proposed guidelines relating to any conduct of architects that the Minister considers should be the subject of a code of professional conduct.

The Board is to comply with any direction of the Minister under this section.

The provisions of a code of professional conduct are a relevant consideration in determining for the purposes of this Act what constitutes proper and ethical conduct by an architect.

An individual must not represent himself or herself to be an architect, and must not allow himself or herself to be represented to be an architect unless he or she is an architect.

Maximum penalty—100 penalty units.

A person must not represent an individual to be an architect if the person knows, or ought reasonably to know, that the individual is not an architect.

Maximum penalty—100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).

A corporation or firm must not represent itself to be an architect, and must not allow itself to be represented to be an architect, unless the corporation or firm has at least one nominated architect who is responsible for the provision of architectural services by the corporation or firm.

Maximum penalty—200 penalty units.

A person must not represent a corporation or firm to be an architect if the person knows, or ought reasonably to know, that any such representation by the corporation or firm itself would constitute a contravention of subsection (1).

Maximum penalty—100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).

In this Act, a corporation or firm that represents itself to be an architect or that allows itself to be represented to be an architect is referred to as an architect corporation or architect firm (as appropriate).

An architect corporation or architect firm must ensure that at all times there is at least one nominated architect who is nominated by the corporation or firm and responsible for the provision of architectural services by the corporation or firm.

Maximum penalty—200 penalty units.

An architect corporation or architect firm must ensure that—

any written business correspondence issued by the corporation or firm bearing the name of the corporation or firm indicates the name of an architect who is a nominated architect responsible for the provision of architectural services by the corporation or firm, and

the name of an architect who is a nominated architect responsible for the provision of architectural services by the corporation or firm is prominently displayed at each place of business of the corporation or firm, so as to be clearly visible to a person from outside or immediately on entering the place of business.

Maximum penalty—200 penalty units.

Note—

A temporary project or site office does not constitute a place of business of a corporation or firm.

The Board may in a particular case grant a corporation or firm an exemption from compliance with a particular provision or provisions of this section. The exemption may be granted unconditionally or subject to conditions.

An exemption remains in force for such period as the Board may specify or, if no period is specified, until it is revoked by the Board by notice in writing to the corporation or firm concerned.

Proceedings for an offence against this section are not to be commenced without the written consent of the Board given in the particular case.

If a person (other than an architect) provides an architectural service that the person has offered to provide using an architect or that the person has represented will be provided using an architect, the person is guilty of an offence if the architectural service is not provided by, or under the supervision of, an architect.

Maximum penalty—100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).

A person (other than an architect) who provides, or represents that the person will provide, architectural services to a person (the client) using an architect must ensure that any correspondence about those services from the person to the client indicates the name of an architect who is responsible for the provision of those architectural services to the client.

Maximum penalty—100 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).