New South Wales Consolidated Acts

ARCHITECTS ACT 2003 - SECT 43

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,

(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.