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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Architects Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Act to bind Crown 3
6 Mutual recognition laws 4
Part 2 Practice of architecture
Division 1 Code of professional conduct
7 Establishment of code of professional conduct 5
8 Effect of code of professional conduct 5
Architects Bill 2003
Contents
Page
Division 2 Offences relating to the practice of architecture
9 Representing an individual to be an architect 5
10 Representing a corporation or firm to be an architect 6
11 Architectural services provided by architect corporation or
architect firm 6
12 Services provided using an architect 7
13 Certain representations taken to be representations that
person is an architect 8
14 Exceptions for certain titles and descriptions 8
15 Extended meaning of "represent" 9
Part 3 Registration
Division 1 Entitlement to registration
16 Qualifications for registration 10
17 Full registration as architect 10
18 Temporary registration of overseas architects 11
19 Registration fees 12
20 Power to refuse or impose conditions on full registration 12
21 Restrictions on registration of de-registered persons 13
Division 2 Registration procedures
22 Application to registration of Licensing and Registration
(Uniform Procedures) Act 2002 14
Division 3 Cancellation and suspension of registration
23 Cancellation and suspension of registration 14
24 Removal of architect's name from the Register 15
Division 4 Register of architects
25 Register of architects 16
26 List of registered architects to be prepared and published
each year 16
27 Nomination of responsible architects for architectural
services 16
28 Annual registration fees 17
29 Change of particulars to be notified 18
30 Evidentiary certificates 18
Division 5 Review of registration decisions
31 Tribunal may review certain registration decisions 18
Contents page 2
Architects Bill 2003
Contents
Page
Part 4 Complaints and disciplinary proceedings
Division 1 Interpretation
32 Definitions 20
33 Application of Part 21
Division 2 Complaints
34 Persons who may make complaints 21
35 Withdrawal of complaint 22
36 Form of complaint 22
37 Power to dismiss certain complaints 22
38 Board to notify person against whom complaint is made 23
39 Board to investigate complaints 23
40 Proceedings before Board in respect of complaints 24
41 Powers of Board in investigation in respect of architects 24
42 Power to summon witnesses and take evidence 25
43 Decision after investigation of complaint 26
44 Person may apply to Tribunal for a review of disciplinary
finding of Board 27
45 Delegation of Board's functions under this Part to
committee 27
Division 3 Applications to Tribunal for disciplinary
findings
46 Board may apply to Tribunal for disciplinary finding 28
47 Functions of Tribunal in applications for disciplinary findings 28
48 Tribunal may award costs 29
49 Appeals to Appeal Panel against decisions and orders of
Tribunal under this Division 29
Division 4 Confidentiality issues
50 Duty of confidentiality of client communications 30
51 Statement of reasons of Tribunal need not contain
confidential information 30
Division 5 Co-operation with other jurisdictions in
respect of disciplinary action
52 Notice of disciplinary action to other Boards 31
Division 6 Publicising disciplinary action
53 Definitions 32
54 Publicising disciplinary action 32
55 Register of disciplinary action 32
56 Quashing of disciplinary action 33
Contents page 3
Architects Bill 2003
Contents
Page
57 Liability for publicising disciplinary action 33
58 General 34
Part 5 NSW Architects Registration Board
Division 1 Constitution
59 Constitution of the Board 35
60 Membership of the Board 35
Division 2 Functions of the Board
61 Functions of the Board 36
Division 3 Committees and staff
62 Committees 37
63 Staff 38
Division 4 General provisions
64 Examinations conducted by Board 38
65 Delegation of functions 38
66 Exclusion of personal liability 39
67 Other provisions relating to the Board 39
Part 6 Finance
Division 1 Fees
68 Board may charge fees for certain services it provides 40
69 Approved fees 40
70 Minister may direct Board to reduce excessive fees 40
71 Waiver and reduction of fees by Board 40
Division 2 Architects Fund
72 Establishment of Architects Fund 41
73 Payments into Architects Fund 41
74 Payments from Architects Fund 41
75 Investment of Architects Fund 42
Division 3 General
76 Financial year for Board 42
77 Recovery of money 42
Part 7 Miscellaneous
78 How notice is to be given 43
79 Service of documents on Board 43
80 Written statement of decisions 43
Contents page 4
Architects Bill 2003
Contents
Page
81 Authentication of certain documents 44
82 Liability of members of firms 45
83 Liability of directors and managers of corporations 45
84 Regulations 45
85 Proceedings for offences 46
86 Repeal of Architects Act 1921 No 8 and related regulations 46
87 Amendment of other Acts and Regulations 46
88 Savings, transitional and other provisions 46
89 Review of Act 46
Schedules
1 Constitution and procedure of Board 47
2 Amendment of Acts and Regulations 53
3 Savings, transitional and other provisions 55
Contents page 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Architects Bill 2003
Act No , 2003
An Act to provide for the registration and regulation of architects; to repeal the
Architects Act 1921; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Architects Bill 2003
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Architects Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Objects of Act
The objects of this Act are:
(a) to ensure that architects provide services to the public in a
professional and competent manner, and
(b) to provide mechanisms to discipline architects who are found
to have acted unprofessionally or incompetently, and
(c) to ensure that the public is appropriately informed about the
qualifications and competence of individuals or organisations
holding themselves out as architects, and
(d) to promote a better understanding of architectural issues in the
community.
4 Definitions
(1) 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.
Page 2
Architects Bill 2003 Clause 5
Preliminary Part 1
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 Administrative Decisions Tribunal.
(2) Notes included in this Act do not form part of this Act.
5 Act to bind Crown
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.
Page 3
Clause 6 Architects Bill 2003
Part 1 Preliminary
6 Mutual recognition laws
This Act does not limit or otherwise affect the operation of:
(a) the Mutual Recognition Act 1992 of the Commonwealth, or
(b) the Trans-Tasman Mutual Recognition Act 1997 of the
Commonwealth.
Page 4
Architects Bill 2003 Clause 7
Practice of architecture Part 2
Part 2 Practice of architecture
Division 1 Code of professional conduct
7 Establishment of code of professional conduct
(1) The regulations may establish a code of professional conduct setting
out guidelines that should be observed by architects in their
professional practice.
(2) 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.
(3) The Board is to comply with any direction of the Minister under this
section.
8 Effect of code of professional conduct
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.
Division 2 Offences relating to the practice of architecture
9 Representing an individual to be an architect
(1) 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.
(2) 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).
Page 5
Clause 10 Architects Bill 2003
Part 2 Practice of architecture
10 Representing a corporation or firm to be an architect
(1) 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.
(2) 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).
(3) 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).
11 Architectural services provided by architect corporation or architect
firm
(1) 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.
(2) An architect corporation or architect firm must ensure that:
(a) 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
(b) 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
Page 6
Architects Bill 2003 Clause 12
Practice of architecture Part 2
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.
(3) 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.
(4) 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.
(5) Proceedings for an offence against this section are not to be
commenced without the written consent of the Board given in the
particular case.
12 Services provided using an architect
(1) 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).
(2) 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).
Page 7
Clause 13 Architects Bill 2003
Part 2 Practice of architecture
13 Certain representations taken to be representations that person is
an architect
(1) Without limiting the ways in which a person, corporation or firm
can be considered to be represented to be an architect, a
representation using any of the following titles, names or
descriptions constitutes such a representation:
(a) the title or description "architect" or "registered architect",
(b) another title, name or description that indicates, or is capable
of being understood to indicate, or is calculated to lead a
person to infer, that the person is an architect,
(c) any title, name or description prescribed by the regulations.
(2) Without limiting the ways in which a corporation or firm can be
considered to be represented to be an architect, a representation that
a corporation or firm consists of or comprises one or more architects
constitutes a representation that the corporation or firm is an
architect.
14 Exceptions for certain titles and descriptions
This Division does not prohibit:
(a) an employee of an architect from using the title or description
of "architectural assistant", "architectural technician" or
"architectural drafter", or
(b) a person from using the title or description of "landscape
architect", "naval architect" or "computer systems architect",
or
(c) a person from using the title or description of "architect" or
"registered architect" if:
(i) the person is registered as an architect in a neighbouring
jurisdiction (within the meaning of section 52) and is
normally resident in that jurisdiction, and
(ii) the person indicates the jurisdiction in which the person
is so registered, and
(iii) the person has notified the Board of his or her intention
to use such a title or description, or
(d) a person who holds an architectural qualification from
describing himself or herself as holding that qualification, or
(e) a person from using the word "architectural" only as
indicating that the person carries on the business of supplying
goods in connection with architecture, or
Page 8
Architects Bill 2003 Clause 15
Practice of architecture Part 2
(f) a person from using any name, title or description prescribed
by the regulations in such circumstances and subject to such
restrictions as may be prescribed by the regulations.
15 Extended meaning of "represent"
In this Division, represent includes claim and hold out.
Page 9
Clause 16 Architects Bill 2003
Part 3 Registration
Part 3 Registration
Division 1 Entitlement to registration
16 Qualifications for registration
(1) For the purposes of this Act, an individual has the necessary
qualifications for registration as an architect if:
(a) the individual has such architectural qualifications as may be
prescribed by the regulations, or
(b) the individual has successfully completed a course of study
that is accredited by the Board as meeting criteria prescribed
by the regulations for the purposes of this paragraph, or
(c) the individual has passed an examination arranged or
approved by the Board to assess the person's competency to
practise architecture.
(2) An educational or training institution may apply to the Board for the
accreditation by the Board (under subsection (1) (b)) of a course of
study offered by the institution.
(3) An educational or training institution that has applied to the Board
for the accreditation of a course of study offered by the institution
may apply to the Tribunal for a review of any decision of the Board
not to accredit the course of study.
(4) In determining for the purposes of subsection (1) (b) whether a
particular course of study meets the criteria prescribed by the
regulations, the Board may have regard to and rely on any findings
made on an assessment prepared for the Board in respect of the
course of study.
17 Full registration as architect
(1) An individual is entitled to be registered as an architect if:
(a) the Board is satisfied that the individual is of good fame and
character, and
(b) the individual has the necessary qualifications for registration
as an architect, and
(c) the Board is satisfied that the individual has acquired such
practical experience required by the Board as a prerequisite
for entry to the examination referred to in paragraph (d), and
Page 10
Architects Bill 2003 Clause 18
Registration Part 3
(d) the individual has, to the satisfaction of the Board, passed an
examination in architectural practice arranged or approved by
the Board.
(2) Registration under this section is full registration.
(3) An entitlement to full registration does not prevent conditions being
imposed on that registration in accordance with this Act.
Note. By virtue of section 20 of the Mutual Recognition Act 1992 of the
Commonwealth, a person is entitled to be registered as an architect if the
person is registered in another State or a Territory for an equivalent occupation
(if that State or Territory participates in the mutual recognition scheme). The
entitlement arises once the person lodges a notice under section 19 of that Act
and, until registered under this Act, the person is then deemed (by section 25 of
that Act) to be registered. See also the Trans-Tasman Mutual Recognition
Act 1997 of the Commonwealth.
18 Temporary registration of overseas architects
(1) The Board may register an individual as an architect for a limited
period if:
(a) the Board is satisfied that the individual is of good fame and
character, and
(b) the Board is satisfied that the individual has architectural
qualifications and practical experience in another country of a
kind that demonstrates that the individual would be capable of
practising architecture in the State with the same level of
competence and skill expected of architects with full
registration.
(2) Registration under this section is temporary registration.
(3) A person granted temporary registration is registered as an architect
until the temporary registration expires or is cancelled. Temporary
registration expires on the date stated in the relevant certificate of
registration unless the period of temporary registration is extended.
(4) The Board may from time to time extend the period for which
temporary registration is in force.
(5) The Board may cancel a person's temporary registration for any
reason that the Board considers proper. Cancellation does not affect
any application for full registration by the person.
(6) The Board may impose such conditions as it thinks fit on the
temporary registration of a person and may at any time remove, add
to or vary those conditions by notice in writing to the registered
person.
Page 11
Clause 19 Architects Bill 2003
Part 3 Registration
19 Registration fees
An applicant for full registration or temporary registration must pay
the approved fee for such registration before the person can be
registered as an architect.
20 Power to refuse or impose conditions on full registration
(1) The Board may refuse to register a person who would otherwise be
entitled to full registration if:
(a) the person is bankrupt, has applied to take the benefit of any
law for the relief of bankrupt or insolvent debtors, has
compounded with his or her creditors or made an assignment
of his or her remuneration for their benefit, or
(b) the person has been convicted of an offence under Part 2, or
(c) the person has been convicted of any other offence, either in
or outside the State, and the Board is of the opinion that the
circumstances of the offence are such as to render the person
unfit in the public interest to practise architecture, or
(d) the person's registration, licence, accreditation or
certification under an architects registration law has been
cancelled or suspended because of conduct that would (if it
occurred in New South Wales and the person were an
architect under this Act) authorise cancellation or suspension
of the person's registration under this Act.
(2) As an alternative to refusing to register a person under subsection
(1), the Board may grant the person registration subject to
conditions if the Board considers that refusal of registration is not
warranted and that the person should be granted registration subject
to appropriate conditions.
(3) Conditions of registration may relate to the duration of registration,
the aspects of the practice of architecture in which the person may
be engaged, and any other matters, as the Board thinks appropriate.
Note. The Mutual Recognition Act 1992 of the Commonwealth and the Trans-
Tasman Mutual Recognition Act 1997 of the Commonwealth also provide for
the imposition of conditions on registration. Conditions can also be imposed on
a person's registration as a result of disciplinary proceedings to which the
person has been subject.
(4) In this section:
architects registration law means any law of a place outside the
State that provides for the registration, licensing, accreditation or
certification of architects.
Page 12
Architects Bill 2003 Clause 21
Registration Part 3
21 Restrictions on registration of de-registered persons
(1) A person must not apply for registration (and any such application
must be rejected) if:
(a) the person's registration is cancelled under this Act, or
(b) the Tribunal or the Supreme Court orders that the person not
be re-registered (a registration prohibition order).
(2) A person may apply for registration despite subsection (1) only if:
(a) any period specified in a registration prohibition order during
which the person is not to be re-registered has expired and any
other condition specified in the order is complied with, or
(b) the Tribunal or Supreme Court orders that the person may
apply for registration despite subsection (1) (an application
permission order).
(3) A person to whom subsection (1) applies may apply for an
application permission order:
(a) where the Tribunal ordered the cancellation of the person's
registration or made the registration prohibition order against
the person--to the Tribunal, or
(b) where the Supreme Court ordered the cancellation of the
person's registration or made the registration prohibition
order against the person--to the Supreme Court,
but only if a period of at least 12 months has elapsed since the
cancellation of the person's registration or the making of the
registration prohibition order (as the case may be).
(4) The Board is to be a party to any proceedings concerning an
application for an application permission order.
(5) The Tribunal or Supreme Court is not to make an application
permission order unless it is satisfied that no useful disciplinary
purpose is served by continuing to prohibit the person from applying
for registration.
(6) An application permission order made by the Tribunal may be
appealed to an Appeal Panel of the Tribunal under Part 1 of Chapter
7 of the Administrative Decisions Tribunal Act 1997 by a party to
the proceedings in which the order is made.
(7) Nothing in this section affects any entitlement of a person who has
failed to pay an annual fee for registration to be re-registered under
section 28 on payment of any such fee.
Page 13
Clause 22 Architects Bill 2003
Part 3 Registration
Division 2 Registration procedures
22 Application to registration of Licensing and Registration (Uniform
Procedures) Act 2002
(1) For the purposes of this Act, the Board may grant:
(a) full registration under section 17, or
(b) temporary registration under section 18.
(2) Part 3 of the Licensing and Registration (Uniform Procedures)
Act 2002 (the applied Act) applies to and in respect of both full
registration and temporary registration under this Act, subject to the
modifications and limitations prescribed by this Act or the
regulations.
Note. See clause 3 of Schedule 3, which temporarily suspends the provisions
of the applied Act in relation to the making of applications by way of electronic
communication.
(3) For the purposes of applying Part 3 of the applied Act to full
registration and temporary registration under this Act:
(a) an application for the granting of registration may only be
made by an individual who is at least 21 years of age, and
(b) registration may be amended under that Act, and
(c) the requirement of section 54 of that Act for a registration
administration fee to be paid to the relevant registration
authority within 14 days after each anniversary of the date on
which the relevant certificate of registration was issued is to
be read as a requirement for the approved fee for annual
registration to be so paid on or before 31 March in each year.
(4) Subject to this Act, the regulations may make provision for or with
respect to such matters concerning full registration and temporary
registration under this Act as are relevant to the operation of Part 3
of the applied Act.
Division 3 Cancellation and suspension of registration
23 Cancellation and suspension of registration
(1) A person ceases to be registered as an architect if the person's name
is removed from the Register.
(2) A reference in this Act to the cancellation of an architect's
registration is a reference to the removal of the architect's name
from the Register.
Page 14
Architects Bill 2003 Clause 24
Registration Part 3
(3) A person whose registration as an architect is suspended is taken not
to be an architect during the period of the suspension, except for the
purposes of Part 4 (Complaints and disciplinary proceedings).
24 Removal of architect's name from the Register
(1) The Board must remove an architect's name from the Register if:
(a) the architect has died, or
(b) the architect has requested the Board in writing to remove his
or her name from the Register, or
(c) the architect has failed to pay the approved fee for annual
registration in accordance with section 28, or
(d) the Tribunal or the Supreme Court has ordered that the
architect's registration be cancelled.
(2) The Board may remove an architect's name from the Register if:
(a) the architect does not possess the qualifications in respect of
which he or she is registered, or
(b) the architect becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an assignment
of his or her remuneration for their benefit, or
(c) the architect has been convicted of an offence under Part 2, or
(d) the architect is convicted in New South Wales of an indictable
offence that is punishable by imprisonment for 12 months or
more, or if he or she is convicted elsewhere than in New South
Wales of an indictable offence that, if committed in New
South Wales, would be an offence so punishable, or
(e) the architect has been registered by means of any false or
fraudulent representation or declaration made either orally or
in writing, or
(f) the architect has become a mentally incapacitated person.
(3) Action is not to be taken under subsection (2) unless the Board:
(a) has caused notice of the proposed action to be given to the
architect, and
(b) has given the architect at least 28 days within which to make
written submissions to the Board in relation to the proposed
action, and
(c) has taken any such submissions into consideration.
Page 15
Clause 25 Architects Bill 2003
Part 3 Registration
Division 4 Register of architects
25 Register of architects
(1) The Registrar is to establish and maintain a register of architects for
the purposes of this Act, and for the purposes of Part 3 of the
Licensing and Registration (Uniform Procedures) Act 2002, as
applied by this Act.
(2) Without limiting subsection (1), the Register is to include the
particulars of nominated architects.
(3) The Registrar is to ensure that the Register is made available to the
public, free of charge, at the Board's offices during ordinary office
hours.
(4) The Board may authorise the Registrar to share information
(including names and addresses) contained in the Register with
neighbouring jurisdictions for the purpose of establishing a common
register of architects among the jurisdictions.
(5) The regulations may make provision with respect to:
(a) the particulars to be recorded in the Register, and
(b) the manner and form in which the Register is to be
maintained.
Note. See also section 49 of the Licensing and Registration (Uniform
Procedures) Act 2002 with respect to the particulars to be recorded in the
register of architects.
26 List of registered architects to be prepared and published each year
(1) The Registrar must ensure that, at least once each year, a list of the
names and addresses of all architects in the Register is published for
the information of the public.
(2) The list must be published in such form (whether printed, electronic
or both) as the Board may specify from time to time.
27 Nomination of responsible architects for architectural services
(1) A corporation or firm that provides architectural services may
nominate one or more architects to be responsible for the provision
of architectural services by the corporation or firm.
Page 16
Architects Bill 2003 Clause 28
Registration Part 3
(2) A corporation or firm may nominate an architect under
subsection (1) only if:
(a) the architect is a director or member of the governing body of
the corporation or firm, is a partner in the firm or is otherwise
concerned in the management of the corporation or firm, or
(b) the architect is an employee of the corporation or firm.
(3) A nomination for the purposes of this section and any revocation or
amendment of such a nomination is to be made to the Board in a
form approved by the Board and must be accompanied by any
approved fee.
28 Annual registration fees
(1) An architect must, on or before 31 March of each year following the
year in which the architect was first registered, pay to the Board the
approved fee for annual registration.
(2) The Board must cause an architect's name to be removed from the
Register if the architect has failed to pay the approved fee for annual
registration by the due date.
(3) A person whose name has been removed from the Register for
failure to pay the approved fee for annual registration is entitled to
re-registration if the person pays to the Board any unpaid annual
registration fee or fees together with any approved fee for late
payment.
(4) The entitlement to re-registration is an entitlement to registration on
the same terms and subject to the same conditions (if any) as applied
to the person's registration immediately before the removal of the
person's name from the Register.
(5) A person registered pursuant to an entitlement to re-registration
under this section is taken to have been so registered on and from
the day the person's name was removed from the Register or on and
from such later day as the Board determines and notifies to the
person. However, nothing in this subsection affects any proceedings
for an offence instituted against the person before the person was
entitled to be re-registered.
(6) Nothing in this section requires the Board to re-register a person if
the Board is satisfied that the person would not be entitled to be
registered as an architect but for this section.
Page 17
Clause 29 Architects Bill 2003
Part 3 Registration
(7) An entitlement to re-registration under this section does not override
any other provision of this Act pursuant to which a person's name is
authorised or required to be removed from the Register.
(8) The regulations may exclude or modify the provisions of this
section in their application to temporary registration.
29 Change of particulars to be notified
(1) An architect must comply with the requirements of section 53 (as
applied by this Act) of the Licensing and Registration (Uniform
Procedures) Act 2002.
Maximum penalty: 10 penalty units.
Note. Section 53 of the Licensing and Registration (Uniform Procedures) Act
2002 makes it a condition of registration for registered persons to provide
information regarding changes to their particulars.
(2) If a nominated architect ceases to be responsible for the provision of
architectural services by the corporation or firm concerned, the
corporation or firm must notify the Board of that fact within 7 days
of that cessation.
Maximum penalty: 50 penalty units.
30 Evidentiary certificates
A certificate:
(a) that is signed by the Registrar, and
(b) that certifies that, on a specified date or during a specified
period, the particulars contained in the Register as to specified
matters were as so specified,
is admissible in any proceedings and is evidence of the matters so
certified.
Note. See also section 55 of the Licensing and Registration (Uniform
Procedures) Act 2002 with respect to evidentiary certificates.
Division 5 Review of registration decisions
31 Tribunal may review certain registration decisions
(1) A person may apply to the Tribunal for a review of any of the
following decisions of the Board under this Part:
(a) a decision to refuse the person full registration as an architect,
(b) a decision to impose conditions on the full registration of the
person,
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Architects Bill 2003 Clause 31
Registration Part 3
(c) a decision to remove the person's name from the Register.
(2) Despite subsection (1), a person is not entitled to apply to the
Tribunal for a review of a decision of the Board refusing to register
the person as an architect if registration was refused on the ground
that the person had failed to pass an examination that the person was
required to pass under this Part.
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Clause 32 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
Part 4 Complaints and disciplinary proceedings
Division 1 Interpretation
32 Definitions
In this Part:
complainant means a person who makes a complaint.
complaint means a complaint made under this Part.
disciplinary finding means a finding of unsatisfactory professional
conduct or professional misconduct.
professional misconduct means:
(a) unsatisfactory professional conduct of a sufficiently serious
nature to justify the suspension of an architect or the
cancellation of an architect's registration, or
(b) any other conduct that is declared by the regulations to be
professional misconduct for the purposes of this Act.
unsatisfactory professional conduct means any of the following:
(a) any contravention by the architect of the conditions of the
architect's registration,
(b) a failure by the architect to comply with a provision of any
code of professional conduct established by the regulations
and in effect under section 7,
(c) any failure without reasonable excuse by the architect to
comply with a direction, order or requirement of the Board,
Tribunal or Supreme Court,
(d) any failure without reasonable excuse by the architect to
properly supervise the provision of architectural services by
an architect corporation or architect firm while the architect is
a nominated architect responsible for the provision of those
services,
(e) any failure by the architect to comply with the applicable
requirements of the Licensing and Registration (Uniform
Procedures) Act 2002,
(f) any contravention by the architect of this Act or the
regulations,
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Architects Bill 2003 Clause 33
Complaints and disciplinary proceedings Part 4
(g) any conduct of the architect that demonstrates that the
architect is not a fit and proper person to be registered as an
architect,
(h) any other conduct of the architect that demonstrates
incompetence, or a lack of adequate knowledge, skill,
judgment or care in the practice of architecture,
(i) any other improper or unethical conduct of the architect in the
course of the practice of architecture,
(j) any conduct that is declared by the regulations to be
unsatisfactory professional conduct for the purposes of this
Act.
33 Application of Part
(1) If an architect has died:
(a) a person cannot make a complaint against the architect, and
(b) the Board is not to investigate (or continue to investigate) a
complaint made against the architect or to make an
application to the Tribunal for a disciplinary finding, and
(c) the Tribunal is not to determine an application for a
disciplinary finding against the architect.
(2) A complaint about an architect may be made and dealt with even
though the architect has ceased to be registered. For that purpose, a
reference in this Part to an architect includes a reference to a person
who has ceased to be registered or whose registration is suspended.
(3) Despite subsection (2), the Board or the Tribunal may decide not to
investigate a complaint or determine an application (or may decide
to terminate an investigation or application) if the person to whom
the complaint or application relates has ceased to be registered.
Division 2 Complaints
34 Persons who may make complaints
(1) Any person (including the Board) may make a complaint against an
architect in respect of the architect's conduct as an architect.
(2) Complaints (other than complaints made by the Board) are to be
made to the Board and are to be lodged with the Registrar.
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Clause 35 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
(3) The Board may direct the Registrar to provide reasonable assistance
in making a complaint to a person, or a person belonging to a class
of persons, specified by the Board from time to time.
35 Withdrawal of complaint
A complaint may be withdrawn by the complainant at any time.
36 Form of complaint
(1) A complaint must be in writing, must identify the complainant and
must contain particulars of the allegations on which it is founded.
(2) A complaint must be verified by statutory declaration unless the
complaint is made by:
(a) the Board, or
(b) a judicial officer within the meaning of the Judicial Officers
Act 1986, or
(c) the Minister, or
(d) the Director-General of the Department of Commerce, or
(e) the Consumer, Trader and Tenancy Tribunal (or a member of
that Tribunal), or
(f) a person or body (or a person or body belonging to a class of
persons or bodies) prescribed by the regulations.
(3) The Board may consider and investigate a complaint even if it does
not comply with the requirements of this section (except the
requirement that it identify the complainant) but must not proceed
to deal with the complaint under this Part until they are complied
with.
(4) The Board may require the complainant to provide further
particulars of a complaint.
37 Power to dismiss certain complaints
(1) The Board may dismiss a complaint if the Board is satisfied that the
complaint:
(a) is frivolous or vexatious or otherwise lacking in merit, or
(b) is a complaint in respect of a matter that has already been dealt
with as a complaint under this Part, or
(c) is trivial in nature.
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Complaints and disciplinary proceedings Part 4
(2) The Board may dismiss a complaint under this section without
having investigated the complaint under this Part, or following an
investigation of the complaint under this Part. The Board is not
required to investigate a complaint that has been dismissed under
this section.
(3) The Board is to notify the architect and complainant concerned of
the dismissal of a complaint under this section.
(4) If the Board dismisses a complaint under this section, the Board may
also issue a caution to the architect against whom the complaint was
made in respect of the matter complained of.
(5) A person who makes a complaint or the architect against whom a
complaint is made may apply to the Tribunal for a review of a
decision of the Board to dismiss the complaint under this section.
38 Board to notify person against whom complaint is made
(1) Written notice of the making of a complaint, the nature of the
complaint and the identity of the complainant is to be given by the
Board to the architect against whom the complaint is made, as soon
as practicable after the complaint is made.
(2) Any such notice must invite the architect to make, within such
period (being at least 7 days) as the Board specifies in the notice,
such representations to the Board with respect to the complaint as
the architect thinks fit.
(3) Notice is not required to be given if the giving of the notice will or
is likely to:
(a) prejudice the investigation of the complaint, or
(b) place the health or safety of a person at risk, or
(c) place the complainant or another person at risk of intimidation
or harassment.
39 Board to investigate complaints
(1) The Board must, subject to this Part, conduct an investigation into
each complaint made under this Part.
(2) The Board may deal with one or more complaints about an architect
in an investigation.
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Clause 40 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
(3) If during an investigation of any one or more complaints it appears
to the Board that there is a matter in respect of which another
complaint could have been made against the architect concerned,
the Board may deal with the matter in its investigation as if a
complaint had been made about the matter.
(4) For the purposes of subsection (3), the Board may deal with a matter
that could have been the subject of another complaint:
(a) whether that complaint could have been made instead of or in
addition to any complaint that was in fact made, and
(b) whether or not that complaint could have been made by the
same complainant.
(5) The Board may dismiss any complaint without investigation if
further particulars of the complaint are not given, or the complaint
or the further particulars are not verified, as required by the Board.
40 Proceedings before Board in respect of complaints
(1) For the purposes of investigating or determining a complaint, the
Board is not bound to observe the rules of evidence but may inform
itself of any matter in such manner as it thinks fit.
(2) Without limiting subsection (1), the Board may meet separately or
jointly with the complainant and architect concerned in an attempt
to resolve any issue raised by the complaint if it considers the
complaint may be resolved expeditiously by doing so.
(3) The Board may be assisted by any person that it considers has
relevant expertise in mediation or alternative dispute resolution in
any such attempt to resolve a complaint.
(4) Nothing in subsection (2) or (3) operates to prejudice the rights of
the complainant or architect concerned.
41 Powers of Board in investigation in respect of architects
(1) For the purpose of investigating or determining any complaint, the
Board may, by notice served on any architect, require the architect
to do any one or more of the following:
(a) provide written information, by the date specified in the
notice, and to verify the information by statutory declaration,
(b) produce, at a time and place specified in the notice, any
document (or a copy of any document) specified in the notice,
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Architects Bill 2003 Clause 42
Complaints and disciplinary proceedings Part 4
(c) otherwise assist in, or co-operate with, the investigation of the
complaint in the specified manner.
(2) The Board may inspect any document produced before the Board
under this section and may retain it for such period as the Board
thinks necessary for the purposes of an investigation in relation to
which it is produced. The Board may make copies of the document
or any part of the document.
42 Power to summon witnesses and take evidence
(1) For the purposes of investigating or determining a complaint, the
President or Deputy President may summon a person to appear
before it to give evidence and to produce such documents (if any) as
may be referred to in the summons.
(2) The person presiding at a meeting of the Board concerning a
complaint may require a person appearing before the Board in
respect of the investigation or determination of a complaint to
produce a document.
(3) The Board may, in proceedings before it in respect of a complaint,
take evidence on oath or affirmation and, for that purpose, a member
of the Board:
(a) may require a person appearing in the proceedings to give
evidence either to take an oath or to make an affirmation in a
form approved by the person presiding, and
(b) may administer an oath to or take an affirmation from a
person so appearing in the proceedings.
(4) A person served with a summons to appear in any such proceedings
and to give evidence must not, without reasonable excuse:
(a) fail to attend as required by the summons, or
(b) fail to attend from day to day unless excused, or released from
further attendance, by the Board.
Maximum penalty: 20 penalty units.
(5) A person appearing in proceedings before the Board in respect of a
complaint to give evidence must not, without reasonable excuse:
(a) when required to be sworn or to affirm--fail to comply with
the requirement, or
(b) fail to answer a question that the person is required to answer
by the person presiding, or
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Clause 43 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
(c) fail to produce a document that the person is required to
produce by this section.
Maximum penalty: 20 penalty units.
(6) In this section, a reference to a person presiding at a meeting of the
Board includes a reference to a person presiding at a meeting of a
committee established under section 62 exercising functions in
relation to a complaint.
43 Decision after investigation of complaint
(1) After the Board has completed an investigation into a complaint
against an architect, the complaint is to be dealt with in accordance
with this section.
(2) The Board may apply to the Tribunal for a disciplinary finding
against an architect under Division 3 if it is satisfied that the
architect is guilty of unsatisfactory professional conduct or it may
instead exercise the functions conferred on it by subsection (4).
(3) However, the Board must apply to the Tribunal for a disciplinary
finding against an architect under Division 3 if it is satisfied that the
architect is guilty of professional misconduct.
(4) If the Board is satisfied that the architect is guilty of unsatisfactory
professional conduct (but not professional misconduct), the Board
may take any one or more of the following actions:
(a) caution or reprimand the architect,
(b) order the withholding or refunding of part or all of the
payment for the architectural services that are the subject of
the complaint,
(c) direct that such conditions relating to the architect's practice
of architecture as it considers appropriate be imposed on the
architect's registration,
(d) order that the person complete any educational course or
courses specified by the Board,
(e) order that the person report on his or her architectural practice
at specified times, in a specified manner and to specified
persons,
(f) order that the person seek and take advice, in relation to the
management of his or her architectural practice, from a
specified person or persons,
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Architects Bill 2003 Clause 44
Complaints and disciplinary proceedings Part 4
(g) order the architect to pay a fine of an amount not exceeding
15 penalty units.
(5) Action is not to be taken under subsection (4) unless the Board:
(a) has caused notice of the proposed action to be given to the
architect, and
(b) has given the architect at least 28 days within which to make
written submissions to the Board in relation to the proposed
action, and
(c) has taken any such submissions into consideration.
(6) The Board is to dismiss the complaint against the architect if it is
satisfied that the architect is not guilty of either unsatisfactory
professional conduct or professional misconduct.
(7) The Board may decline to deal with a complaint if the complainant
fails to provide further particulars (including documents and other
information) required by the Board.
(8) The Board is to notify the architect of any action taken by the Board
under this section.
44 Person may apply to Tribunal for a review of disciplinary finding of
Board
A person in respect of whom the Board has made a disciplinary
finding may apply to the Tribunal for a review of that finding and
any action taken by the Board under section 43 (4).
45 Delegation of Board's functions under this Part to committee
(1) Subject to subsection (2), the Board may delegate any of its
functions under this Part (other than this power of delegation) to a
committee established under section 62 that is constituted as
provided by subsection (3).
(2) If an architect or a complainant makes a written request to the Board
for the complaint concerned to be investigated by a committee:
(a) the Board is to delegate its functions under this Part in relation
to the investigation of the complaint to a committee
established under section 62 that is constituted as provided by
subsection (3), and
(b) the committee is to make recommendations to the Board in
respect of the disciplinary action (if any) that would be
appropriate.
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Clause 46 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
(3) A committee to which a function of the Board under this Part may
be delegated must be constituted by 3 members of the Board, of
whom:
(a) one must be a legal practitioner, and
(b) one must be an architect, and
(c) one must be a member who is neither a legal practitioner nor
an architect.
(4) The member referred to in subsection (3) (a) is to be the chairperson
of the committee.
Division 3 Applications to Tribunal for disciplinary findings
46 Board may apply to Tribunal for disciplinary finding
The Board may apply to the Tribunal for a disciplinary finding
under this Division against an architect with respect to any
complaint against the architect.
47 Functions of Tribunal in applications for disciplinary findings
(1) If any application is made under this Division for a disciplinary
finding in relation to an architect, the Tribunal is to determine
whether or not the architect is guilty of unsatisfactory professional
conduct or professional misconduct.
(2) If the Tribunal finds that the architect is guilty of unsatisfactory
professional conduct, the Tribunal may make any one or more of the
following decisions:
(a) caution or reprimand the architect,
(b) order the withholding or refunding of part or all of the
payment for the architectural services that are the subject of
the complaint,
(c) direct that such conditions relating to the architect's practice
of architecture as it considers appropriate be imposed on the
architect's registration,
(d) order that the person complete any educational course or
courses specified by the Tribunal,
(e) order that the person report on his or her architectural practice
at specified times, in a specified manner and to specified
persons,
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Architects Bill 2003 Clause 48
Complaints and disciplinary proceedings Part 4
(f) order that the person seek and take advice, in relation to the
management of his or her architectural practice, from a
specified person or persons,
(g) order the architect to pay a fine of an amount not exceeding
200 penalty units.
(3) If the Tribunal finds that the architect is guilty of professional
misconduct, the Tribunal may (in addition to any decision made
under subsection (2)):
(a) order the suspension of the architect's registration for such
period as the Tribunal thinks fit, or
(b) order the cancellation of the architect's registration.
(4) The Tribunal is to dismiss an application under this section if it finds
that the architect is not guilty of unsatisfactory professional conduct
or professional misconduct.
(5) If the Tribunal orders the cancellation of the architect's registration,
it may also order that the person cannot apply to be re-registered
within such period (including the person's lifetime) as may be
specified by the Tribunal.
(6) If an architect's registration is suspended by the Tribunal, the
Registrar is to note in the Register the suspension and its date and
cause.
(7) If the architect is not registered, an order or direction can still be
given under this section but has effect only so as to prevent the
person being registered unless the order is complied with or to
require the conditions concerned to be imposed when the person is
registered, as appropriate.
48 Tribunal may award costs
The Tribunal may award costs under section 88 of the
Administrative Decisions Tribunal Act 1997 in respect of
proceedings commenced by an application under this Division.
49 Appeals to Appeal Panel against decisions and orders of Tribunal
under this Division
An order or other decision made by the Tribunal under this Division
may be appealed to an Appeal Panel of the Tribunal under Part 1 of
Chapter 7 of the Administrative Decisions Tribunal Act 1997 by a
party to the proceedings in which the order or decision is made.
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Clause 50 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
Division 4 Confidentiality issues
50 Duty of confidentiality of client communications
(1) An architect must comply with a requirement under this Part to
answer a question or to produce information or a document despite
any duty of confidentiality in respect of a communication between
the architect and a client (but only if the client is the complainant or
consents to its disclosure).
(2) An architect may disclose a matter to the Board, a committee of the
Board or the Tribunal in breach of any duty of confidentiality if the
Board, committee or Tribunal is satisfied that it is necessary for the
architect to do so to rebut an allegation in the complaint.
51 Statement of reasons of Tribunal need not contain confidential
information
(1) The Tribunal is not required to include confidential information in
the statement of reasons given under section 89 or 117 of the
Administrative Decisions Tribunal Act 1997. If a statement would
be false or misleading if it did not include the confidential
information, the Tribunal is not required to provide the statement.
(2) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subsection (1), the Tribunal must give a
confidential information notice to the person.
(3) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will
not be provided (as appropriate) and gives the reasons for this. The
notice must be in writing and must be given within one month after
the decision is made.
(4) This section does not affect the power of a court to make an order
for the discovery of documents or to require the giving of evidence
or the production of documents to a court.
(5) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
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Architects Bill 2003 Clause 52
Complaints and disciplinary proceedings Part 4
(b) relates to the personal or business affairs of a person, other
than a person to whom the Tribunal is required (or would, but
for subsection (1), be required) to provide a written statement
of a decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Tribunal would be in
breach of any enactment.
Division 5 Co-operation with other jurisdictions in respect of
disciplinary action
52 Notice of disciplinary action to other Boards
(1) When the registration of an architect is cancelled or suspended or
any condition is imposed on the registration of an architect:
(a) the Board must without delay notify particulars of that action
to the local registration authority of each neighbouring
jurisdiction, and
(b) the Board may notify particulars of that action to the local
registration authority of any other jurisdiction.
(2) The Board is required or authorised to act under this section despite
any law relating to secrecy or confidentiality.
(3) This section does not affect any obligation or power to provide
information under the Mutual Recognition Act 1992 of the
Commonwealth or the Trans-Tasman Mutual Recognition Act 1997
of the Commonwealth.
(4) In this section:
local registration authority of a jurisdiction means the person or
authority in the jurisdiction having the function conferred by
legislation of registering persons in connection with the carrying on
of architecture in the jurisdiction.
registration includes the licensing, approval, admission,
certification (including by way of practising certificates), or any
other form of authorisation, of a person required by or under
legislation for the carrying on of the practice of architecture.
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Clause 53 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
Division 6 Publicising disciplinary action
53 Definitions
In this Division:
architect includes a former architect.
disciplinary action means any of the following actions (whether or
not taken under this Part):
(a) the suspension or cancellation of the registration of an
architect,
(b) the refusal to register a qualified person as an architect,
(c) the removal of the name of an architect from the Register,
(d) any direction or order made by the Board or Tribunal in
respect of an architect following a disciplinary finding in
respect of the architect.
54 Publicising disciplinary action
(1) The Board may publicise disciplinary action taken against an
architect in any manner the Board thinks fit.
(2) However, the Board must publicise disciplinary action taken against
an architect (including the name and other identifying particulars of
the person against whom the disciplinary action was taken).
(3) Without limiting subsection (1), it is sufficient compliance with
subsection (2) if the Board provides to the Registrar sufficient
information to enable the Registrar to exercise the Registrar's
functions in respect of the register of disciplinary action required to
be kept under this Division.
(4) The requirement to publicise disciplinary action applies only to
disciplinary action taken after the commencement of this section.
However, the Board may publicise disciplinary action taken under
the Architects Act 1921 before the commencement of this section in
accordance with this Division.
(5) This section extends to disciplinary action taken outside this State,
to the extent that the particulars of that disciplinary action are
known to the Board.
55 Register of disciplinary action
(1) The Registrar must keep a register of disciplinary action taken
against architects.
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Architects Bill 2003 Clause 56
Complaints and disciplinary proceedings Part 4
(2) The register is to include the following:
(a) the name and other identifying particulars of the person
against whom the disciplinary action was taken,
(b) particulars of the disciplinary action taken.
(3) The Registrar is to ensure that the register is made available to the
public, free of charge, at the Board's offices during ordinary office
hours and in any other manner that the Board directs.
(4) The Registrar may, on request, provide information recorded in the
register to members of the public in any other manner.
(5) The Registrar may correct any error in or omission from the register.
(6) The requirement to keep a register of disciplinary action applies
only to disciplinary action taken after the commencement of this
section. However, the Registrar may include in the register
disciplinary action taken before the commencement of this section,
or publicise such action in any other manner, in accordance with this
Division.
(7) This section extends to disciplinary action taken outside this State,
to the extent that the particulars of that disciplinary action are
known to the Registrar.
56 Quashing of disciplinary action
(1) If disciplinary action is quashed on appeal or review after the action
was publicised by the Board under this Division, the result of the
appeal or review is to be publicised with equal prominence by the
Board.
(2) If the disciplinary action was recorded in the register kept by the
Registrar under this Division, any reference to that disciplinary
action is to be removed from the register.
57 Liability for publicising disciplinary action
(1) No liability is incurred by the State, the Board, the Registrar or any
person acting at the direction of the Board or Registrar in respect of
anything done in good faith for the purpose of:
(a) publicising disciplinary action under this Division, or
(b) exercising the functions of the Board or Registrar under this
Division.
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Clause 58 Architects Bill 2003
Part 4 Complaints and disciplinary proceedings
(2) No liability is incurred by a person publishing in good faith
disciplinary action, or a fair report or summary of disciplinary
action, recorded in a register kept by the Registrar, or otherwise
publicised by the Board or Registrar, under this Division.
(3) In this section:
liability includes liability in defamation.
58 General
(1) The provisions of this Division are subject to any order made by the
Tribunal under section 75 of the Administrative Decisions Tribunal
Act 1997.
Note. Section 75 of the Administrative Decisions Tribunal Act 1997 allows the
Tribunal to make an order prohibiting or restricting the disclosure of information.
(2) If disciplinary action involves the suspension or cancellation of the
registration of a person, or a refusal to register a person, as an
architect because of the infirmity, injury or mental or physical
illness of the person, the reason for the suspension, cancellation or
refusal, and any other information relating to the infirmity, injury or
mental or physical illness of the person, is not to be recorded in the
register kept under this Division or otherwise publicised.
(3) Despite subsection (2), the name and other identifying particulars of
the person against whom the disciplinary action was taken, and the
kind of disciplinary action taken, must be publicised, and recorded
in the register kept under this Division, in accordance with the
requirements set out in this Division.
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Architects Bill 2003 Clause 59
NSW Architects Registration Board Part 5
Part 5 NSW Architects Registration Board
Division 1 Constitution
59 Constitution of the Board
There is constituted by this Act a body corporate with the corporate
name of the "NSW Architects Registration Board".
60 Membership of the Board
(1) The Board is to consist of the following 11 members:
(a) the immediate past President of the New South Wales Chapter
of the Royal Australian Institute of Architects,
(b) the NSW Government Architect,
(c) one architect who is to be an academic who teaches
architecture at a relevant educational institution and who is
appointed by the governing bodies of relevant educational
institutions in accordance with the regulations,
(d) 2 architects who are elected by architects in accordance with
the regulations,
(e) one architect who is to be appointed by the Minister, who the
Minister is satisfied will represent the interests of practising
architects and who is not an office holder in any Australian
architectural industry organisation,
(f) 5 persons who are to be appointed by the Minister in
accordance with subsection (2) who are not architects (unless
the Minister otherwise determines in a particular case).
(2) The members to be appointed by the Minister are to be persons who
the Minister considers have sufficient knowledge and understanding
of the architectural profession to be of assistance to the Board in the
exercise of its functions. The members appointed are to be as
follows:
(a) one person who the Minister is satisfied has taken a public
interest in architectural matters and who the Minister is
satisfied will represent the views of home owners as
consumers of architectural services,
(b) one person who the Minister is satisfied has expertise in the
property development industry,
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Clause 61 Architects Bill 2003
Part 5 NSW Architects Registration Board
(c) one person who the Minister is satisfied has particular
knowledge and awareness of the views of local government in
respect of the quality of building,
(d) one person who is a legal practitioner and who the Minister is
satisfied has expertise in building and construction law,
(e) one person who the Minister is satisfied has expertise in the
building industry.
(3) Without limiting subsection (1) (c), the regulations may make
provision for rotating an appointment for the purpose of that
paragraph among the governing bodies of relevant educational
institutions should there at any time be more than one such
institution.
(4) If a person is not appointed for the purposes of subsection (1) (c) in
accordance with this Act or the regulations:
(a) the Minister may appoint an architect who is an academic
teaching architecture at a relevant educational institution to be
a member instead of the person required to be appointed, and
(b) the person appointed by the Minister is taken to be a member
appointed under subsection (1) (c) and to have been appointed
by the relevant educational institutions referred to in that
paragraph at the time of his or her appointment by the
Minister.
(5) If a person is not elected for the purposes of subsection (1) (d) in
accordance with this Act or the regulations:
(a) the Minister may appoint an architect to be a member instead
of the person required to be elected, and
(b) the person appointed by the Minister is taken to be a member
elected under subsection (1) (d) and to have been elected at
the time of his or her appointment by the Minister.
(6) In this section, relevant educational institution means an institution
at which architecture is taught that is prescribed by the regulations.
Division 2 Functions of the Board
61 Functions of the Board
(1) The Board has the following functions:
(a) the registration of architects,
(b) the investigation of complaints against architects,
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Architects Bill 2003 Clause 62
NSW Architects Registration Board Part 5
(c) the taking of disciplinary action against architects,
(d) the investigation of matters referred to it by the Minister for
advice and report in relation to the practice of architecture
(including codes of professional conduct),
(e) co-operation with neighbouring jurisdictions to further a
common and harmonious approach to the administration of
legislation relating to architects,
(f) the accreditation of courses of study in architecture,
(g) the maintenance and operation of the Architects Fund,
(h) the promotion of community discussion about architectural
issues,
(i) the provision of general advice to consumers of architectural
services with respect to the ethics and standards of
professional competence that are generally expected of
architects,
(j) the provision of advice to the Minister with respect to any
other matter in connection with the administration of this Act,
(k) such other functions as are conferred or imposed on the Board
by or under this Act or any other Act.
(2) The Board may also develop model client agreements relating to
home design for use by architects.
Division 3 Committees and staff
62 Committees
(1) The Board may establish committees to assist it in connection with
the exercise of any of its functions.
(2) It does not matter that any or all of the members of a committee are
not members of the Board.
(3) A member of a committee, while sitting on the committee, is
entitled to be paid by the Board such amount as the Minister from
time to time determines in respect of the member.
(4) The procedure for the calling of meetings of a committee and for the
conduct of business at those meetings may be determined by the
Board or (subject to any determination of the Board) by the
committee.
(5) This section has effect subject to the provisions of sections 45
and 65.
Page 37
Clause 63 Architects Bill 2003
Part 5 NSW Architects Registration Board
63 Staff
The Board may:
(a) employ a Registrar and such other staff as may be necessary
to enable the Board to exercise its functions, and
(b) arrange for the use of the services of any staff (by secondment
or otherwise) or facilities of a government department, an
administrative office or a public or local authority, and
(c) engage such consultants as it requires to exercise its functions.
Division 4 General provisions
64 Examinations conducted by Board
(1) The Board may conduct such examinations as may be required for
the purposes of this Act, and may appoint examiners in respect of
those examinations.
(2) The subjects to be examined are such as may, from time to time, be
determined by the Board.
(3) The fees to be paid to examiners and the fees to be paid by
candidates for examination are such as may, from time to time, be
determined by the Board.
65 Delegation of functions
(1) The Board may delegate any of its functions (other than this power
of delegation) to:
(a) the President, or
(b) the Deputy President, or
(c) a committee consisting of 2 or more members of the Board, or
(d) the Registrar or any other member of staff of the Board.
(2) The Board must not delegate any of its functions under Part 4
(Complaints and disciplinary proceedings) to the Registrar or any
other member of the staff of the Board.
(3) The Registrar may delegate to a member of the staff of the Board the
exercise of:
(a) any of the functions of the Registrar under this Act, other than
this power of delegation, or
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Architects Bill 2003 Clause 66
NSW Architects Registration Board Part 5
(b) any functions delegated to the Registrar by the Board, unless
the Board otherwise provides in its instrument of delegation
to the Registrar.
(4) This section has effect subject to the provisions of section 45.
66 Exclusion of personal liability
Anything done or omitted to be done:
(a) by the Board, a Board member or a person acting under the
direction of the Board or a Board member, or
(b) by a committee established by the Board, a committee
member or a person acting under the direction of any such
committee or committee member,
does not subject the Board member, committee member or person
so acting personally to any action, liability, claim or demand if the
thing was done, or omitted to be done, in good faith for the purpose
of executing this Act.
67 Other provisions relating to the Board
Schedule 1 has effect with respect to the members and procedure of
the Board.
Page 39
Clause 68 Architects Bill 2003
Part 6 Finance
Part 6 Finance
Division 1 Fees
68 Board may charge fees for certain services it provides
(1) The Board may charge and recover a reasonable fee for any service
it provides under this Act or the regulations.
(2) However, nothing in subsection (1) authorises the Board to charge
or recover a fee in respect of:
(a) the inspection of the Register at the offices of the Board
during ordinary business hours, or
(b) any other service, or class of services, prescribed by the
regulations.
69 Approved fees
(1) The Board may approve fees for the purposes of any provision of
this Act in which the expression approved fee is used.
(2) However, the Board may approve a fee for the purposes of a
provision of this Act only once in any calendar year.
(3) An approved fee in relation to a provision of this Act must not
exceed the maximum amount (if any) prescribed by the regulations
for that provision or generally.
70 Minister may direct Board to reduce excessive fees
(1) The Minister may direct the Board by written notice to reduce an
approved fee or any other fee to an amount specified by the Minister
if the Minister considers the fee to be excessive.
(2) If the Minister gives a direction under subsection (1):
(a) the Board must comply with the direction, and
(b) in relation to an approved fee--section 69 (2) does not operate
to prevent the Board approving the new fee.
71 Waiver and reduction of fees by Board
(1) The Board may in a particular case waive a requirement to pay a fee
imposed by or under this Act or may reduce the fee payable if it
considers it appropriate to do so in the circumstances.
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Architects Bill 2003 Clause 72
Finance Part 6
(2) If a requirement to pay an approved fee is waived or the fee is
reduced under this section:
(a) in the case of a waiver of the requirement--any requirement
under this Act to pay the approved fee is taken to have been
satisfied, and
(b) in the case of a fee reduction--any requirement under this Act
to pay the approved fee is taken to have been satisfied when
the reduced fee is paid.
Division 2 Architects Fund
72 Establishment of Architects Fund
The Board is to establish and maintain a fund to be known as the
Architects Fund.
73 Payments into Architects Fund
The following are to be paid into the Architects Fund:
(a) any fees or monetary penalties (other than for offences) paid
to, or recovered by, the Board under this Act,
(b) any other money received by or on account of the Board.
74 Payments from Architects Fund
(1) Money may be paid out of the Architects Fund for any of the
following purposes:
(a) the payment of any allowances and remuneration to members
of the Board,
(b) the payment of remuneration to members of staff of the
Board,
(c) the payment of any other expenses in connection with the
exercise of the Board's functions under this Act.
(2) The Board may apply any money not required for the purposes of
subsection (1) for the purpose of advancing the profession of
architecture or architectural education in any manner that the Board
considers to be appropriate.
Page 41
Clause 75 Architects Bill 2003
Part 6 Finance
75 Investment of Architects Fund
The Board may invest money held in the Architects Fund:
(a) in such manner as may be authorised by the Public Authorities
(Financial Arrangements) Act 1987, or
(b) if that Act does not confer power to invest money held by the
Board--in any manner authorised for the investment of trust
funds or in any other manner approved by the Minister with
the concurrence of the Treasurer.
Division 3 General
76 Financial year for Board
(1) The financial year of the Board is the year commencing on 1 July.
(2) A different financial year may be determined by the Treasurer under
section 4 (1A) of the Public Finance and Audit Act 1983.
77 Recovery of money
Any fee payable under this Act, and any monetary penalty imposed
under this Act (other than for an offence), may be recovered by the
Board in any court of competent jurisdiction as a debt due to the
Board.
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Architects Bill 2003 Clause 78
Miscellaneous Part 7
Part 7 Miscellaneous
78 How notice is to be given
(1) A requirement of this Act that a person be given notice is a
requirement that the person be given notice in writing either
personally or by post.
(2) For the purposes of section 76 of the Interpretation Act 1987, a
notice served by post on a person for the purposes of this Act is to
be treated as being properly addressed if it is addressed to the
address of the person last known to the Registrar or last recorded in
the Register.
79 Service of documents on Board
A document (other than a complaint made under Part 4) may be
served on the Board by leaving it at or sending it by post to any
office of the Board. This section does not affect the operation of any
provision of a law or of the rules of a court authorising a document
to be served on the Board in any other manner.
80 Written statement of decisions
(1) If the Board, the President or a member authorised by the Board
makes a decision concerning a person under any provision of this
Act, the person may request in writing that the Board, President or
member provide the person with a written statement of the decision.
(2) Any such request is to be made no later than 60 days after the
decision to which it relates.
(3) The Board, the President or the member is to provide a written
statement of the decision within 30 days after receiving such a
request.
(4) A written statement of a decision must give the reasons for the
decision.
(5) The Board, the President or the member is not required to include
confidential information in the statement of a decision. If a
statement would be false or misleading if it did not include the
confidential information, the Board, the President or the member is
not required to provide the statement.
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Clause 81 Architects Bill 2003
Part 7 Miscellaneous
(6) When confidential information is not included in the statement of a
decision provided to a person or the statement is not provided to a
person because of subsection (5), the Board, the President or the
member must give a confidential information notice to the person.
(7) A confidential information notice is a notice that indicates that
confidential information is not included or that the statement will
not be provided (as appropriate) and gives the reasons for this. The
notice must be in writing and must be given within one month after
the decision is made.
(8) This section does not affect the power of a court to make an order
for the discovery of documents or to require the giving of evidence
or the production of documents to a court.
(9) In this section:
confidential information means information that:
(a) has not previously been published or made available to the
public when a written statement of a decision to which it is or
may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other
than a person to whom the Board, the President or the member
is required (or would, but for subsection (5), be required) to
provide a written statement of a decision, and
(c) is information:
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed
by an enactment, or
(iv) the provision of which by the Board, the President or
the member would be in breach of any enactment.
81 Authentication of certain documents
Every certificate, summons, process, demand, order, notice,
statement, direction or other document requiring authentication by
the Board may be sufficiently authenticated without the seal of the
Board if signed by:
(a) the President or the Registrar, or
(b) any officer of the Board authorised to do so by the Registrar.
Page 44
Architects Bill 2003 Clause 82
Miscellaneous Part 7
82 Liability of members of firms
If a firm contravenes (whether by act or omission) a provision of this
Act or the regulations, the firm is not guilty of an offence in respect
of that contravention but a person who is a member of the firm (in
the case of a partnership) or a member of the governing body of the
firm (in any other case) is taken to have contravened the same
provision if the person knowingly authorised or permitted the
contravention and is liable on conviction to any penalty specified for
a contravention of the provision.
83 Liability of directors and managers of corporations
(1) If a corporation contravenes (whether by act or omission) any
provision of this Act or the regulations, each person who is a
director of the corporation or who is concerned in the management
of the corporation is taken to have contravened the same provision
if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a corporation
for an offence committed by the corporation under this Act or the
regulations.
84 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may make
provision for or with respect to the following:
(a) the procedure for the election of those members of the Board
who must be elected under this Act and the qualifications of
electors to vote in any such elections,
(b) the duties of officers and members of the Board,
(c) the functions of the Registrar,
(d) the qualifications for registration, including the examinations
to be undergone and passed and the experience to be gained
in the practice of architecture,
Page 45
Clause 85 Architects Bill 2003
Part 7 Miscellaneous
(e) the procedure for the investigation and determination of
complaints by the Board (or a committee of the Board),
(f) the conduct of examinations leading to registration as an
architect,
(g) requirements for architects, architect corporations, architect
firms or persons providing architectural services using an
architect to have professional indemnity insurance,
(h) the standard of educational attainments required for
candidates at an examination conducted by the Board.
(3) A regulation may create an offence punishable by a penalty not
exceeding 20 penalty units.
85 Proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily by a Local Court.
86 Repeal of Architects Act 1921 No 8 and related regulations
The following are repealed:
(a) the Architects Act 1921,
(b) the Architects (Elections and Appointments) Regulation 1995,
(c) the Architects (General) Regulation 1995.
87 Amendment of other Acts and Regulations
The Acts and Regulations specified in Schedule 2 are amended as
set out in that Schedule.
88 Savings, transitional and other provisions
Schedule 3 has effect.
89 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
Page 46
Architects Bill 2003
Constitution and procedure of Board Schedule 1
Schedule 1 Constitution and procedure of Board
(Section 67)
Part 1 General
1 Definitions
In this Schedule:
appointed member means a person who is appointed as a member
of the Board:
(a) by the Minister, or
(b) as provided by section 60 (1) (c).
elected member means a person who is elected to be a member of
the Board as provided by section 60 (1) (d).
ex officio member means a person who is a member of the Board by
virtue of section 60 (1) (a) or (b).
member means any member of the Board.
Part 2 Constitution
2 President and Deputy President of the Board
(1) The Board is to elect:
(a) one of its members to be President of the Board, and
(b) another of its members to be Deputy President of the Board.
(2) The Board may remove a member from office as the President or
Deputy President.
(3) A person who is President or Deputy President vacates office as
President or Deputy President if the person:
(a) is removed from office by the Board, or
(b) resigns that office by instrument in writing addressed to the
Board, or
(c) ceases to be a member.
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Architects Bill 2003
Schedule 1 Constitution and procedure of Board
3 Terms of office of members
Subject to this Schedule and the regulations:
(a) an appointed member holds office for a period of 2 years or
for such greater period (not exceeding 4 years) as may be
specified in the instrument of appointment, and
(b) an elected member holds office for a period of 2 years.
4 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the member.
5 Deputies
(1) Unless the Minister directs otherwise, a member may, from time to
time, appoint a person to be the deputy of the member, and may
revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if available,
act in the place of the member.
(3) While acting in the place of a member, a person has all the functions
of the member and is taken to be a member.
(4) For the purposes of this clause, a vacancy in the office of a member
is taken to be an absence of the member.
(5) The Minister may:
(a) direct a member not to appoint a person or any person as a
deputy of the member, or
(b) revoke an appointment of a deputy made by a member,
or both.
(6) This clause does not operate to confer on the deputy of a member
who is the President or Deputy President the member's functions as
President or Deputy President.
6 Vacancy in office of member
(1) The office of an appointed or elected member becomes vacant if the
member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
Page 48
Architects Bill 2003
Constitution and procedure of Board Schedule 1
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the Board of which
reasonable notice has been given to the member personally or
by post, except on leave granted by the Board or unless the
member is excused by the Board for having been absent from
those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence
so punishable, or
(i) in the case of a member appointed under section 60 (1) (c),
ceases to be employed as an academic at a relevant education
institution or to be an architect, or
(j) in the case of a member elected under section 60 (1) (d),
ceases to be an architect.
(2) The Minister may remove an appointed or elected member from
office at any time.
7 Filling of vacancy in office of appointed or elected member
If the office of any appointed or elected member becomes vacant, a
person is, subject to this Act and the regulations, to be appointed to
fill the vacancy.
8 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
Board, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
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Architects Bill 2003
Schedule 1 Constitution and procedure of Board
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest
at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the
member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Board in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister or the Board otherwise
determines:
(a) be present during any deliberation of the Board with respect
to the matter, or
(b) take part in any decision of the Board with respect to the
matter.
(5) For the purposes of the making of a determination by the Board
under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Board for the
purpose of making the determination, or
(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Board.
(7) This clause applies to a member of a committee of the Board and the
committee in the same way as it applies to a member of the Board
and the Board.
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Architects Bill 2003
Constitution and procedure of Board Schedule 1
9 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of an
appointed member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of an appointed member or from
accepting and retaining any remuneration payable to the person
under this Act as a member.
Part 3 Procedure
10 General procedure
The procedure for the calling of meetings of the Board and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Board.
11 Quorum
The quorum for a meeting of the Board is a majority of its members
for the time being, at least 2 of whom are architects.
12 Presiding member
(1) The President (or, in the absence of the President, the Deputy
President, or in the absence of both the President and the Deputy
President, a person elected by the members of the Board who are
present at a meeting of the Board) is to preside at a meeting of the
Board.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting of
the Board at which a quorum is present is the decision of the Board.
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Architects Bill 2003
Schedule 1 Constitution and procedure of Board
14 Transaction of business outside meetings or by telephone
(1) The Board may, if it thinks fit, transact any of its business by the
circulation of papers among all the members of the Board for the
time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the Board.
(2) The Board may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by
the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the presiding member and each member have the same voting rights
as they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Board.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information
in the papers concerned.
15 Authentication of documents
Any document requiring authentication by the Board is sufficiently
authenticated if it is signed by:
(a) the member who presided at the meeting that dealt with the
proceedings with respect to which the document was
prepared, or
(b) in the absence of that member, any other member who was
present at that meeting.
16 First meeting
The Minister may call the first meeting of the Board in such manner
as the Minister thinks fit.
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Architects Bill 2003
Amendment of Acts and Regulations Schedule 2
Schedule 2 Amendment of Acts and Regulations
(Section 87)
2.1 Administrative Decisions Tribunal Act 1997 No 76
[1] Schedule 2 Composition and functions of Divisions
Insert before "Boxing and Wrestling Control Act 1986" in clause 2 (1) of
Part 4:
Architects Act 2003
[2] Schedule 2, Part 4
Insert at the end of the Part (with appropriate clause number):
Architects Act 2003 (Original and reviewable decisions)
(1) For the purposes of exercising a function conferred or
imposed on the Tribunal by or under the Act, the Tribunal is
to be constituted by the following members:
(a) 1 Division member who is a judicial member,
(b) 1 Division member who is a non-judicial member and
an architect,
(c) 1 Division member who:
(i) is a non-judicial member, and
(ii) is not an architect, and
(iii) was assigned to the Division on the
recommendation of the relevant Minister to
represent the interests of consumers of
architectural services.
(2) In this clause:
architect has the same meaning as it has in the Act.
relevant Minister means the Minister administering the Act.
the Act means the Architects Act 2003.
Page 53
Architects Bill 2003
Schedule 2 Amendment of Acts and Regulations
2.2 Environmental Planning and Assessment Regulation 2000
Clause 3 Definitions
Omit "Architects Act 1921" from the definition of qualified designer and
the note to the definition wherever occurring.
Insert instead "Architects Act 2003".
2.3 Home Building Act 1989 No 147
Section 40 Renewal or restoration of authorities (as amended by
the Home Building Legislation Amendment Act 2001)
Omit "Architects Act 1921" from section 40 (2F) (a).
Insert instead "Architects Act 2003".
2.4 Home Building Regulation 1997
Clause 8 "Residential building work"--certain work excluded
Omit "Architects Act 1921" from clause 8 (1) (f) (i).
Insert instead "Architects Act 2003".
2.5 Licensing and Registration (Uniform Procedures) Act 2002
No 28
Schedule 2 Registration to which Part 3 of Act applies
Insert in alphabetical order of Acts and statutory rules:
Architects Act 2003
section 22 (1) (a), full registration as architect
section 22 (1) (b), temporary registration as architect
2.6 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Board of Architects of New South Wales".
Insert in alphabetical order "NSW Architects Registration Board".
Page 54
Architects Bill 2003
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other provisions
(Section 88)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Definitions
In this Part:
the 1921 Act means the Architects Act 1921.
the former Board means the Board of Architects of New South
Wales constituted under the 1921 Act.
the new Board means the NSW Architects Registration Board
constituted under this Act.
3 Electronic applications for registration
(1) Despite Part 3 of the Licensing and Registration (Uniform
Procedures) Act 2002 (as applied by section 22 of this Act), an
application referred to in section 41 of that Act may not be made by
means of electronic communication.
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Architects Bill 2003
Schedule 3 Savings, transitional and other provisions
(2) Subclause (1) does not limit the effect of the Electronic
Transactions Act 2000.
(3) This clause ceases to have effect on a day to be appointed by
proclamation.
4 Continuation of Board
(1) The new Board is taken to be a continuation of, and the same legal
entity as, the former Board.
(2) A person who, immediately before the repeal of the 1921 Act, held
office as an elected or appointed member of the former Board ceases
to hold office on the repeal of the 1921 Act.
(3) A person to whom subclause (2) applies is not entitled to any
remuneration or compensation because of the loss of office but is, if
qualified, eligible for election or appointment to the new Board.
(4) If a person is not appointed or elected as a member as provided by
section 60 (1) (c) or (d) on or before the commencement of
section 59:
(a) the Minister may appoint a person instead of that person as
provided by section 60 (4) or (5) (as appropriate), and
(b) a reference to a relevant educational institution in section
60 (4) is, for the purposes of paragraph (a), to be read as a
reference to an institution referred to in clause 30 of the
Architects (Elections and Appointments) Regulation 1995 (as
in force immediately before its repeal), unless the regulations
have prescribed any institution for the purposes of the
definition of relevant educational institution in section 60 (6)
on or before that commencement.
(5) Despite anything to the contrary in this Act or the regulations, a
person who is appointed as a member as provided by subclause (4)
ceases to hold office on the expiry of the period of 6 months after
the member's appointment (unless the person is removed from
office sooner).
5 Staff members
A person holding office as an officer of the former Board under the
1921 Act immediately before the repeal of that Act is, on that repeal,
taken to have been appointed as a member of the staff of the new
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Board under this Act and to have been appointed to the same
position and subject to the same terms and conditions as applied to
the position immediately before that repeal.
6 Architects Fund
The Architects Fund established under this Act is a continuation of
the Architects Fund constituted under the 1921 Act.
7 Register of Architects
The Register kept under the 1921 Act is taken to be the Register kept
under this Act.
8 Chartered and non-chartered architects
(1) Any individual who, immediately before the repeal of the 1921 Act,
was a chartered architect (within the meaning of that Act) is taken
to have been registered as an architect under this Act, subject to the
same conditions as those to which the individual's registration was
then subject.
(2) Any individual who, immediately before the repeal of the 1921 Act,
was a non-chartered architect (within the meaning of that Act) is
taken to have been registered as an architect under this Act until the
end of the period of 12 months after the commencement of this
clause, subject to the same conditions as those to which the
individual's registration was then subject.
(3) Nothing in subclause (2) or Division 2 of Part 2 authorises:
(a) an individual to whom subclause (2) applies to represent
himself or herself to be an architect (or to allow himself or
herself to be represented to be an architect) unless the
representation also indicates that the individual was a non-
chartered architect, or
(b) another person to represent an individual to whom subclause
(2) applies to be an architect unless the representation also
indicates that the individual was a non-chartered architect.
(4) Nothing in this clause prevents an individual to whom subclause (1)
or (2) applies from seeking registration under the provisions of this
Act if otherwise qualified to be so registered.
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Schedule 3 Savings, transitional and other provisions
9 Annual fees
(1) If an annual roll fee paid by an architect under the 1921 Act before
its repeal wholly or partly relates to a period occurring after the
repeal of that Act, the fee is taken to have been paid as an annual
registration fee payable under this Act in relation to that period.
(2) A failure by an architect to pay the annual roll fee under the 1921
Act is taken to be a failure to pay the annual registration fee under
this Act.
(3) An architect who was not registered under the 1921 Act
immediately before its repeal because his or her name had been
removed from the Register of Architects kept under that Act for
failure to pay the annual roll fee is taken to have had his or her
registration cancelled under this Act for failure to pay the annual
registration fee.
10 Applications for registration
(1) An application for registration as an architect under the 1921 Act
that had not been determined by the former Board before the repeal
of that Act is taken to be an application for full registration under
this Act and any inquiry for the purposes of such an application may
be continued and completed accordingly.
(2) Anything done under the 1921 Act in respect of any such
application is taken to have been done under this Act.
11 Continuation of complaints, inquiries and appeals
(1) The provisions of the 1921 Act continue to apply to and in respect
of a complaint made, or an inquiry or application for review made
to the Tribunal commenced, under that Act and pending
immediately before the repeal of that Act.
(2) A decision or determination resulting from a hearing, inquiry or
application for review referred to in subclause (1) is taken to have
been made under the corresponding provisions of this Act and is to
have effect accordingly.
12 Complaints relating to previous conduct
A complaint may be made under this Act (and dealt with as provided
by this Act) in respect of any conduct of an architect who was
registered under the 1921 Act if that conduct could have been the
subject of a complaint under the 1921 Act if that Act had not been
repealed.
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13 Construction of certain references
In any Act or instrument (other than this Act):
(a) subject to paragraph (b), a reference to the 1921 Act is taken
to include a reference to this Act, and
(b) a reference to a provision of the 1921 Act is taken to include
a reference to the corresponding provision or provisions (if
any) of this Act, and
(c) a reference to a chartered architect or non-chartered architect
under the 1921 Act is taken to include a reference to an
architect registered under this Act.
14 General saving
Subject to this Schedule and the regulations:
(a) anything begun under a provision of the 1921 Act before its
repeal for which there is a corresponding provision in this Act
may be continued and completed under the 1921 Act as if this
Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of
the 1921 Act for which there is a corresponding provision in
this Act (including anything arising under paragraph (a)) is
taken to have been done under the corresponding provision of
this Act.
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