Architects Act 2004

Subject to subsection (2), this Act comes into operation on a day fixed by proclamation ¹.

This Act is not to come into operation before the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 8 has come into operation.

to ensure that only properly qualified and competent persons are identified as architects or as persons who practise architecture and to regulate the practice of architecture by those persons; and

to establish, maintain and promote suitable standards of knowledge and skills among architects,

In this Act, unless the contrary intention appears —

is in effect in respect of civil liability for anything done or omitted in carrying on the practice of architecture; and

complies with the requirements prescribed by the regulations;

a company as defined in the Corporations Act; or

any other body corporate, or body corporate of a kind, prescribed by the regulations;

“architect”, “architects”, “architectural” or “architecture”; or

any abbreviation or derivative of a word in paragraph (a); or

any other word or combination of letters that sounds or looks like a word in paragraph (a).

Notes in this Act are provided to assist understanding and do not form part of the Act.

The Architects Board of Western Australia is established.

The Board —

is a body corporate; and

has perpetual succession and a common seal; and

may sue and be sued in its corporate name.

The Board consists of 10 natural persons, of whom —

4 persons are to be appointed by the Minister as persons having knowledge of, and experience in representing, community or consumer interests; and

2 are to be appointed by the Minister, on the nominations of bodies that are prescribed by the regulations, as persons having knowledge of, and experience in, matters relating to the profession or practice of architecture; and

4 are to be registered persons who are elected by registered persons in accordance with the regulations.

Each body prescribed for the purposes of subsection (1)(b) is to provide to the Minister at least 2 nominations from which the Minister is to choose the persons to be appointed under subsection (1)(b).

If, within 30 days of being requested in writing to do so, a body referred to in subsection (2) has not provided at least 2 nominations, the Minister is to make the appointments from nominations of the other bodies.

If, within 30 days of being requested in writing to do so, none of the bodies referred to in subsection (2) has provided at least 2 nominations, the Minister is to make the appointments at the Minister’s discretion and the persons so appointed are to be regarded as having been nominated under subsection (1)(b).

A registered person is not eligible for election under subsection (1)(c) unless —

the person belongs to a category of registered persons who are required to pay fees for registration and renewal of registration; and

the person is not in arrears in respect of those fees.

to administer the scheme of registration and licensing under Part 4;

to monitor education in architecture, and provide advice on that education to the Minister and to any other person or body involved in that education;

to accredit architectural education courses for the purposes of registration requirements;

to promote and encourage —

the continuing education of architects in relation to the practice of architecture; and

increased levels of knowledge, skill and competence in the practice of architecture;

to perform the other functions that are conferred on the Board by or under this Act or any other Act;

to promote public awareness in relation to the functions of the Board;

to advise the Minister on matters to which this Act applies.

The Board has all the powers it needs to perform its functions.

The Board may not acquire, hold or dispose of real property other than premises used, or to be used, by it as office premises.

Without limiting subsection (1), the Board may, for the purpose of performing a function —

produce and publish information on matters related to the practice of architecture and the education of architects; and

develop and turn to account any technology, software or other intellectual property that relates to that function, and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights.

The Board may carry out any investigation that the Board considers necessary or expedient for the purposes of —

determining any application or any other matter before the Board;

determining whether or not a registered person or a licensed corporation is or has been acting in conformity with the conditions, if any, of the registration or licence and is or has been complying with the requirements of this Act;

determining whether any other cause exists that might be considered by the Board a proper cause for disciplinary action;

detecting offences under this Act.

The Board is not to investigate a complaint that is made more than 3 years after the conduct is alleged to have occurred, unless the Board decides that —

it is just and fair to investigate the complaint having regard to the delay and the reasons for the delay; or

it is in the public interest to investigate the complaint.

The Board may appoint an investigator to investigate a matter and report to the Board.

The investigator may —

require any person —

to give the investigator such information as the investigator requires; and

to answer any question put to the person,

require any person to produce any document to the investigator; and

enter at all reasonable times and search any premises and inspect any documents that the investigator finds on the premises; and

make a copy or abstract of any document produced or inspected under this section, or of any entry made in the document.

A requirement made under subsection (4)(a) —

may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; and

is to specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and

may, by its terms, require that the information or answer required —

be given orally or in writing; and

be given at or sent or delivered to any place specified in the requirement; and

in the case of written information or answers, be sent or delivered by any means specified in the requirement; and

be given on oath or affirmation or by statutory declaration for which purpose the investigator may administer an oath or affirmation and have the authority of a commissioner for declarations.

A requirement made under subsection (4)(b) —

is to be made by notice in writing served on the person required to produce a document; and

is to specify the time at or within which the document is to be produced; and

may, by its terms, require that the document be produced —

at any place specified in the requirement; and

by any means specified in the requirement.

Where under subsection (4)(a) an investigator orally requires a person to give any information or answer any question, the investigator is to inform that person that the person is required under this Act to give the information or answer the question, as the case may be.

Where under subsection (4)(a) or (b) a person is required by notice in writing to give any information, answer any question, or produce any document, the notice is to state that he or she is required under this Act to give the information, answer the question, or produce the document, as the case may be.

Before entering any premises under this section the investigator —

is to obtain a warrant to do so from a magistrate or Justice of the Peace which warrant the magistrate or Justice of the Peace is authorised to issue upon being satisfied that the entry is sought in good faith for the purpose of an investigation under this section; and

is to display to the person, if any, giving the investigator entry, a document signed by the Board and certifying that he or she is an investigator appointed by the Board.