Victorian Current Acts

ARCHITECTS ACT 1991

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--PROHIBITED CONDUCT

   4.      Representing a natural person to be an architect  
   5.      Representing an unincorporated body to be an architect  
   6.      Representing a body corporate to be an architect  
   7.      When is a person or body represented as an architect?  
   8.      Restriction on use of particular expressions  
   8A.     Exceptions  
   8B.     Offence to work as architect without required insurance  
   8C.     Offence to represent to be insured when uninsured  
   8D.     Restriction on provision of architectural services by companies and partnerships  

   PART 3--REGISTRATION AND APPROVAL

           Division 1--Registration of architects

   9.      Application for registration  
   9A.     Proof of required insurance for persons intending to rely on automatic deemed registration  
   10.     Qualifications for registration as an architect  
   10A.    Probity matters  
   11.     Registration  
   11A.    Board must issue certificate of registration  

           Division 2--Approval of partnerships and companies

   12.     Application for approval  
   13.     Approval of a partnership  
   13A.    Board must issue certificate of approval  
   14.     Approval of a company  
   14A.    Board must issue certificate of approval  

           Division 3--Annual fees

   15.     Annual fees  
   15A.    Proof of required insurance  
   15B.    Continuing professional development requirements  

           Division 4--The Register

   16.     The Register  
   16A.    Time for inclusion of information in the Register of Architects  
   16B.    Architect must give information to the Board for the Register of Architects  
   16C.    Publication of information on Register of Architects  
   17.     Removal of details of architects from the Register of Architects  

           Division 5--Insurance

   17A.    Order requiring insurance  

   PART 3A--INFORMATION GATHERING POWERS

   17B.    Information gathering powers  
   17C.    Refusal or failure to comply with requirement  
   17D.    Protection against self-incrimination  

   PART 4--DISCIPLINARY PROCEEDINGS

           Division 1--Disciplinary powers

   18.     Disciplinary powers of the Board  
   18A.    Power to refer complaint to mediation  
   18B.    Power to appoint person to assist Board  
   18D.    Notice to complainant of Board's determination  

           Division 1A--Mediation

   18E.    Appointment of mediator  
   18F.    Notice of mediation  
   18G.    Procedure for mediation  
   18H.    Report to Board  
   18I.    Confidentiality  
   18J.    Mediation does not prevent determination that inquiry should be held  

           Division 2--Tribunal

   19.     Tribunal to conduct inquiry for the Board  
   20.     Constitution of Tribunal  
   21.     Membership of Tribunal  
   21A.    Appointment of panel  
   22.     Remuneration  
   24.     Procedure  

           Division 3--Procedure on inquiry

   25.     Appearance of parties  
   26.     Tribunal may direct public inquiry  
   27.     Notice  
   28.     Assisting counsel  
   29.     Interested members  
   30.     Procedure  
   31.     Powers  

           Division 4--Determinations of Tribunal

   32.     Grounds for disciplinary action against a registered architect  
   33.     Determination and reasons  
   34.     Publication of determination  
   35.     Enforcement of determination  

           Division 5--Board's powers

   36.     Cancellation on withdrawal of qualification  
   36A.    Immediate suspension of registration  
   37.     Cancellation or suspension of approval  
   38.     Return of document  
   39.     Effect of suspension or variation  
   40.     Revocation of suspension  
   41.     Publication of cancellations and suspensions  

   PART 5--REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

   42.     Review by VCAT—architects  
   43.     Review by VCAT—approved partnerships and approved companies  
   44.     Time limits for applying for review  

   PART 6--ARCHITECTS REGISTRATION BOARD OF VICTORIA

   45.     Establishment of Board  
   46.     Powers and duties of Board  
   47.     Membership  
   49.     Terms of appointment  
   50.     Remuneration  
   51.     Vacancies  
   52.     Chairperson  
   53.     Deputy Chairperson  
   54.     Procedure of Board  
   55.     Effect of vacancy or defect  
   56.     Immunity  
   57.     Appointment of Registrar and other officers  
   57A.    Delegation power of the Board  
   57B.    Strategic plan  

   PART 7--FINANCIAL PROVISIONS

   58.     Payment of fees and penalties to Board  
   59.     Application of fees and penalties  

   PART 8--ENFORCEMENT

   63.     Charge for offence  
   64.     No proof required  
   65.     Evidence of Register  
   66.     Statement of Registrar  
   67.     False statements  
   68.     Offences by bodies corporate  

   PART 9--REGULATIONS

   69.     Regulations  

   PART 10--REPEALS, SAVINGS, TRANSITIONAL

           Division 1--Provisions relating to the repeal of the Architects Act 1958

   70.     Repeal of Architects Act 1958  
   71.     Board succeeds old Board  
   72.     Registrar  
   73.     Existing registrations  
   74.     Applications  
   75.     Register  
   76.     Regulations  

           Division 2--Architects (Amendment) Act 2004

   77.     Transitional—Effect of change of membership  
   78.     Transitional—Existing approvals  

           Division 3--Building and Environment Protection Legislation Amendment Act 2020

   79.     Transitional and savings provisions—Building and Environment Protection Legislation Amendment Act 2020  

           Division 4--Building Legislation Amendment Act 2023

   80.     Transitional and savings provisions—Building Legislation Amendment Act 2023  
           ENDNOTES