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Version No. 005

Architects Regulations 2004S.R. No. 51/2004

Version incorporating amendments as at20 May 2014

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provision 23 Commencement 24 Revocation 25 Definitions 2

PART 2—PROFESSIONAL CONDUCT 3

Division 1—General obligations 3

6 Standard of practice 37 Duties 38 Notice of conflict of interest 39 Client's consent 4

Division 2—Specific obligations 4

10 Administering contract conditions 411 Source of remuneration 412 Correctness of representations 513 Disclosure of name of architects 514 Defining the terms of engagement 5

Division 3—General 6

15 Conduct of partnerships and companies 616 Unprofessional conduct 617 Guidelines 7

PART 3—THE BOARD 8

Division 1—Nomination of certain members of the Board 8

18 Nominated members of the Board 8

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Division 2—Election of architects for nomination to the Board 9

19 Application of Division 920 Returning Officer 921 Poll clerks 922 Notice of elections for nominations to the Board 1023 Method of nomination 1024 Form of nomination paper and statement of candidate 1125 Withdrawal of nomination 1126 Uncontested election 1227 Contested election 1228 Printing of the ballot paper and candidate's statement 1229 Distribution of ballot paper and accepted statements 1330 Method of voting 1331 Lodging of vote 1332 Duplicate ballot papers 1433 Ballot box 1434 Scrutineers 1435 Scrutiny of envelopes 1536 Adjournments 1537 Result of election 1638 Equal votes 1639 Notification of result of election 1640 Destruction of papers 16

PART 4—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES 17

41 Fees 1742 Application for registration or approval 1842A Classes of registration 1843 Qualifications for registration—standard of professional

practice 19

PART 5—THE STUDY OF ARCHITECTURE 20

44 Qualification in architecture 2045 Prescribed course of study 2047 Examination fees 2048 Appointment of examiners 2149 Examiners' fees 21

PART 6—REGISTER AND REGISTRATION 22

50 Contents of the Register 2251 Notification of changed information 2252 Appeal times 23

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PART 7—TRANSITIONAL 24

53 Transitional 24__________________

SCHEDULES 25

SCHEDULE 1—Regulations Revoked 25

SCHEDULE 2 26

PART A—APPLICATION FOR REGISTRATION AS AN ARCHITECT 26

PART B—APPLICATION FOR APPROVAL OF A PARTNERSHIP 29

PART C—APPLICATION FOR APPROVAL OF A COMPANY 30

═══════════════

ENDNOTES 33

1. General Information 33

2. Table of Amendments 34

3. Explanatory Details 35

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Version No. 005


Version incorporating amendments as at20 May 2014

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are—

(a) to regulate the professional conduct of architects; and

(b) to prescribe the procedures for nomination to the Architects Registration Board of Victoria; and

(c) to prescribe—

(i) fees for applications for registration or approval under the Architects Act 1991; and

(ii) annual fees for that registration and approval; and

(iii) examination fees for examinations conducted by the Board and in prescribed courses of study; and

(iv) fees payable to an examiner for setting, checking, marking and conducting those examinations and for attendance at committee meetings authorised by the Board; and

(d) to prescribe procedures relating to the registration of architects and the approval of partnerships and companies; and

1

Reg. 1(d) amended by S.R. No. 53/2005 reg. 5.

(e) to prescribe any other matters necessary or required to give effect to the Architects Act 1991.

2 Authorising provision

These Regulations are made under section 69 of the Architects Act 1991.

3 Commencement

These Regulations come into operation on 24 May 2004.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

(1) In these Regulations—

Act means the Architects Act 1991;

client means a person or body with whom an architect enters into an agreement to provide architectural services;

developer means developer, builder, project manager or construction manager;

newspaper means a daily newspaper circulating generally throughout Victoria.

(2) For the purposes of these Regulations, an architect acts as or carries on the business of a developer if he or she does so on his or her own behalf or if he or she is a director, principal, partner, manager or employee of a firm or corporation which does so.

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r. 2

PART 2—PROFESSIONAL CONDUCT

Division 1—General obligations

6 Standard of practice

An architect must perform his or her work as an architect in a competent manner and to a professional standard.

7 Duties

An architect must—

(a) act in the interest of his or her client or prospective client; and

(b) not favour his or her own interest over that of his or her client or prospective client.

8 Notice of conflict of interest

(1) An architect who—

(a) acts, or proposes to act, on the same project in the capacity of—

(i) an architect and a developer; or

(ii) an architect and an estate agent; or

(b) has any other conflict of interest with a client or prospective client—

must give the client or prospective client written notice of the scope of each of those roles or that conflict of interest.

(2) Notice given under subregulation (1) must be given—

(a) in the case of a client, when the conflict arises or appears likely to arise; or

(b) in the case of a prospective client, prior to acting for that person.

r. 6Part 3—The Board


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9 Client's consent

(1) After giving notice under regulation 8, an architect must obtain written consent to act for a client or prospective client within fourteen calendar days of the day of giving notice under regulation 8(1).

(2) In the case of an existing client, if consent is not obtained in accordance with subregulation (1), an architect must immediately cease to act for that client.

(3) In the case of a prospective client, if consent is not obtained in accordance with subregulation (1), an architect must refrain from acting for that prospective client until written consent to act is given by that person.

Division 2—Specific obligations

10 Administering contract conditions

An architect who is commissioned to administer conditions of contract must do so impartially between the parties to that contract.

11 Source of remuneration

An architect must be remunerated for his or her architectural services by either—

(a) the professional fee; or

(b) other benefits specified in the contract of engagement; or

(c) the salary and any other benefits payable by the architect's employer.



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12 Correctness of representations

An architect must ensure representations made in connection with the supply or possible supply of architectural services or in connection with the promotion or advertising by any means of the supply of architectural services are accurate and current.

13 Disclosure of name of architects

(1) An architect who is a sole practitioner must ensure that any written communication from his or her practice discloses his or her name.

(2) An architect who is a member of an approved partnership must ensure that any written communication from the partnership discloses the names of the members of the partnership who are architects and states that those members are architects.

(3) An architect who is a director of an approved company must ensure that any written communication from the company discloses the names of all directors of the company who are architects and states that those directors are architects.

14 Defining the terms of engagement

Before an architect accepts an engagement to provide architectural services or services as a developer or services both as an architect and a developer and as soon as practicable after any change to the terms and conditions or scope of engagement becomes known to the architect, he or she must—

r. 12

Reg. 13(1) amended by S.R. No. 53/2005 reg. 6(1).

Reg. 13(2) substituted by S.R. No. 53/2005 reg. 6(2).

Reg. 13(3) substituted by S.R. No. 53/2005 reg. 6(2).

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(a) in writing, set out the description, terms and conditions of the engagement or the change; and

(b) supply a copy of that document to the client.

Division 3—General

15 Conduct of partnerships and companies

If an architect who provides architectural services to clients on behalf of an approved partnership or an approved company contravenes one or more of regulations 6 to 14, then that regulation is also contravened by—

(a) in the case of an approved partnership, each partner in that approved partnership who is an architect; or

(b) in the case of an approved company, each director of that approved company who is an architect.

16 Unprofessional conduct

Without limiting the meaning of unprofessional conduct—

(a) an architect who contravenes one or more of regulations 6 to 14 is guilty of unprofessional conduct; and

(b) a partner of an approved partnership or a director of an approved company who contravenes one or more of regulations 6 to 14 by operation of regulation 15 is guilty of unprofessional conduct.

Reg. 15 (Heading) substituted by S.R. No. 53/2005 reg. 7.Reg. 15 amended by S.R. No. 53/2005 reg. 8(1)(a)(b).

r. 15

Reg. 15(a) amended by S.R. No. 53/2005 reg. 8(1)(a).

Reg. 15(b) amended by S.R. No. 53/2005 reg. 8(1)(b).

Reg. 16(b) amended by S.R. No. 53/2005 reg. 8(2).

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17 Guidelines

(1) The Board may prepare guidelines on professional conduct and practice for architects, approved companies and approved partnerships.

(2) The Board must cause a copy of the guidelines made by the Board—

(a) to be made available for inspection by any person at the offices of the Board during the usual office hours of the Board; and

(b) to be available to every architect on the Register.

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PART 3—THE BOARD

Division 1—Nomination of certain members of the Board

18 Nominated members of the Boardr. 18


(1) If a vacancy occurs in the office of a member of the Board nominated under section 47(2)(a), (ca), (d), (e) or (f) of the Act or at least 6 weeks before the expiration of the term of office of that member, the Registrar must, as the case requires, serve notice on—

(a) the Minister administering the Fair Trading Act 1999; and

(b) the secretaries to the councils of the approved schools of architecture; and

(c) the heads of the governing bodies of—

(i) the Institution of Engineers, Australia, Victoria Division;

(ii) the Institution of Surveyors, Victoria;

(iii) the Australian Institute of Quantity Surveyors;

(iv) the Royal Australian Planning Institute;

(v) any related professions determined by the Minister under section 47(2)(e)(v) of the Act; and

(d) the President of the Royal Australian Institute of Architects (Victorian Chapter); and

(e) the members of the Council appointed under section 47(2)(ca) of the Act.

Reg. 18(1)(d) substituted by S.R. No. 53/2005 reg. 9(2).

Reg. 18(1)(e) inserted by S.R. No. 53/2005 reg. 9(2).

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(2) A notice served under subregulation (1) must state—

(a) that a vacancy has occurred or the expiry date of the term of office of the member nominated under section 47(2)(a), (d), (e) or (f) of the Act (as the case requires) has passed; and

(b) in the case of section 47(2)(a) of the Act, that a nomination is required; and

(c) in any other case, that a panel of names is required to be submitted to the Minister and the number of names to be submitted; and

(d) the date (up to 6 weeks from the date on which notice is given) by which the nomination is required to be submitted; and

(e) that if a nomination is not made or the required panel of names is not submitted, the Minister may nominate any person to be a member of the Board.

Division 2—Election of architects for nomination to the Board

19 Application of Division

For the purposes of section 47(2)(c) of the Act, the prescribed manner of nomination is an election conducted in accordance with this Division.

20 Returning Officer

The Registrar is the Returning Officer for the conduct of an election.

21 Poll clerks

The Returning Officer may appoint poll clerks to assist the conduct of an election.



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22 Notice of elections for nominations to the Board

(1) If the office of a member of the Board nominated by architects under section 47(2)(c) of the Act becomes vacant, or at least three months before the expiry date of the term of office of that member, the Registrar must give notice in a newspaper approved by the Board specifying—

(a) the number of vacancies; and

(b) the date of the polling day (to be at least 21 days before any expiry date); and

(c) the place and time (to be before 12 noon) for nomination for election; and

(d) the closing day and time for nomination and receipt of candidates' statements (to be at least 21 days before the date of election and at least 21 days after the notice is given under this section).

(2) The Returning Officer shall determine the dates of nomination day and polling day.

23 Method of nomination

An architect who intends to be a candidate at an election—

(a) must cause a nomination paper to be delivered to the Returning Officer before 12 noon on the closing day for nominations; and

(b) may submit a candidate's statement by the closing day and time notified in accordance with regulation 22(1)(d).



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24 Form of nomination paper and statement of candidate

(1) A nomination paper must—

(a) be in a form approved by the Board; and

(b) be signed by two architects other than the candidate; and

(c) bear the written consent of the architect nominated.

(2) A candidate's statement must—

(a) be in writing; and

(b) not exceed 150 words in length; and

(c) be signed by the candidate; and

(d) may only include information on his or her service to the architectural profession, the area or areas of architecture in which he or she practises, his or her service to the community, and any special interests which he or she may have whether inside or outside the architectural profession.

(3) The Returning Officer must reject a nomination paper which does not comply with subregulation (1).

25 Withdrawal of nomination

(1) An architect nominated for an election may withdraw from the election by giving written notice of withdrawal to the Returning Officer.

(2) If a candidate ceases to be an architect, or withdraws his or her nomination, or dies—

(a) before 12 noon on the nomination day, or, in the case of a contested election, before the ballot papers for the election have been sent



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out, the Returning Officer must not include that architect's name in the ballot paper for the election;

(b) after the ballot papers for the election have been sent out, the Returning Officer must not count any votes cast for that candidate.

26 Uncontested election

(1) If the number of nominations is less than or equal to the number of vacancies to be filled, the Returning Officer must declare the nominated architect or architects elected for nomination and must advise the Minister of that declaration.

(2) If the number of nominations is less than the number of vacancies to be filled, the Returning Officer must advise the Minister of that fact.

27 Contested election

If the number of nominations is greater than the number of vacancies to be filled, the Returning Officer must conduct a poll by postal ballot in accordance with this Division.

28 Printing of the ballot paper and candidate's statement

(1) The Returning Officer must arrange for ballot papers to be printed in a form approved by the Board.

(2) Each ballot paper must—

(a) show the number of vacancies to be filled; and

(b) the full name of each candidate (in alphabetical order by surname); and

(c) provide directions for voting in accordance with this Division.



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(3) The Returning Officer must arrange for the accepted statement of each candidate to be printed.

29 Distribution of ballot paper and accepted statements

At least 14 days before the poll, the Returning Officer must post to the registered address of each architect registered under the Act—

(a) a ballot paper initialled by the Returning Officer or a poll clerk; and

(b) a ballot envelope on which the words "Place ballot paper only in this envelope" are printed; and

(c) an unsealed return envelope addressed to the Returning Officer, with a place marked for the voter's name, address and signature; and

(d) the accepted statement of every candidate.

30 Method of voting

(1) An architect must not vote more than once in each election.

(2) To cast a vote, an architect must mark the letter "X" in the square opposite the name of each candidate for whom he or she is voting.

(3) For the vote to be valid, the number of squares marked must be equal to the number of vacancies to be filled.

31 Lodging of vote

After marking the ballot paper, an architect must—

(a) place it in the ballot envelope and seal that envelope; and

(b) place the ballot envelope in the return envelope and seal that return envelope; and



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(c) sign and write his or her full name and address in the place provided on the return envelope; and

(d) cause the return envelope to be delivered to the Returning Officer before 12 noon on polling day.

32 Duplicate ballot papers

(1) The Returning Officer may issue a duplicate ballot paper to a voter before 12 noon on polling day if the voter makes a declaration in a form approved by the Board and gives it to the Returning Officer.

(2) A declaration made under subregulation (1) must—

(a) be verified by statutory declaration; and

(b) declare that he or she did not receive a ballot paper, or that the ballot paper received has been lost, spoiled or destroyed.

33 Ballot box

(1) The Returning Officer must—

(a) provide a ballot box; and

(b) place all envelopes received before 12 noon on polling day in the ballot box (unopened).

(2) The ballot box must be constructed and secured in a manner approved by the Board.

34 Scrutineers

Each candidate may appoint, in writing, one scrutineer to be present during scrutiny, examination and counting of votes.



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35 Scrutiny of envelopes

As soon as practicable after 12 noon on polling day, in the presence of any scrutineers who choose to be present, the Returning Officer must—

(a) remove from the ballot box all return envelopes received before the poll closed; and

(b) examine each return envelope and reject as invalid, marking it as such and putting it aside unopened, any envelope which does not bear the signature, name and address of an architect; and

(c) for each accepted return envelope, place a mark against the architect's name in a copy of the Register; and

(d) open each accepted return envelope and extract the ballot envelope; and

(e) open each ballot envelope and extract the ballot paper and place the paper uninspected in the ballot box; and

(f) when all accepted envelopes have been opened and all ballot papers deposited in the ballot box, open the ballot box and count the votes.

36 Adjournments

The Returning Officer may, if necessary, adjourn the scrutiny of envelopes or the counting of votes to a time and place which he or she must notify to the scrutineers.



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37 Result of election

When counting of the votes is completed, the Returning Officer must declare as elected for nomination by architects under section 47(2)(c) of the Act the candidate or candidates (as required by the number of vacancies) who has or have received the greatest number of votes.

38 Equal votes

If, at an election, two or more candidates receive an equal number of votes which is greater than the number of votes received by any of the remaining candidates, the Returning Officer must decide by lot which of the candidates with equal votes is to be declared elected.

39 Notification of result of election

After the declaration of the poll, the Returning Officer must submit to the Minister a written report of the result of the election for nomination by architects under section 47(2)(c) of the Act and subsequently advertise the result in a newspaper, setting out in each—

(a) the names of all the candidates for election; and

(b) the number of votes polled by each candidate; and

(c) the number of informal votes; and

(d) the names of the candidates elected for nomination.

40 Destruction of papers

The Returning Officer must cause all ballot papers and envelopes used at the election to be destroyed at the end of 3 months after submitting the written report under regulation 39 to the Minister.

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PART 4—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES

41 Feesr. 41


(1) To be eligible to pay a fee under this regulation as a retired or non-practising architect, an architect must make a declaration at the time of payment of the annual fee or annual fee and additional fee stating that he or she does not intend to practise as an architect for the period to which the annual fee applies.

(2) For the purpose of section 9(2)(d) of the Act, the fee prescribed for an application for registration is $110.

(3) For the purpose of section 12(2)(b) of the Act, the fee prescribed for an application for approval and registration of an approved partnership or approved company is $200.

(4) For the purpose of section 15(1) of the Act, the prescribed annual fee is—

(a) for a retired architect, $30; and

(b) for a non-practising architect, $100; and

(c) for an approved partnership or approved company, $275; and

Reg. 41(2) amended by S.R. Nos 53/2005 reg. 10(2), 40/2007 reg. 4(1).

Reg. 41(3) amended by S.R. Nos 53/2005 reg. 10(3), 40/2007 reg. 4(2).

Reg. 41(4) substituted by S.R. Nos 53/2005 reg. 10(4), 40/2007 reg. 4(3).

Reg. 41(4)(b) amended by S.R. No. 33/2013 reg. 3(a).

Reg. 41(4)(c) amended by S.R. No. 33/2013 reg. 3(b).

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(d) for any other architect, $250.

(5) For the purpose of section 15(4) of the Act, the additional fee prescribed for late payment is—

(a) for a retired architect, $15; and

(b) for a non-practising architect, $20; and

(c) for any other architect, approved partnership or approved company, $50.

(6) For the purposes of the Act and these Regulations, the fee for—

(a) a duplicate Certificate of Registration is $50;

(b) a copy of a page of the Register is $5;

(c) a copy of the whole Register is $100.

42 Application for registration or approval

(1) The form prescribed for an application under section 9 of the Act for registration as an architect is the form in Part A of Schedule 2.

(2) The form prescribed for an application under section 12 of the Act for approval of a partnership is the form in Part B of Schedule 2.

(3) The form prescribed for an application under section 12 of the Act for approval of a company is the form in Part C of Schedule 2.

42A Classes of registration

For the purposes of section 9(2)(b) of the Act, the following classes of registration are prescribed—

(a) practising architects;

(b) retired or non-practising architects.

Reg. 41(4)(d) amended by S.R. No. 33/2013 reg. 3(c).

Reg. 41(5) substituted by S.R. Nos 53/2005 reg. 10(4), 40/2007 reg. 4(4).

r. 42

Reg. 42(2) amended by S.R. No. 53/2005 reg. 11.


Reg. 42A inserted by S.R. No. 53/2005 reg. 12.

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43 Qualifications for registration—standard of professional practice

(1) For the purpose of section 10(b) of the Act, the Board may require a natural person to undertake a written or oral architectural practice examination conducted by the Board to assess the person's standard of professional practice.

(2) The fee for an architectural practice examination conducted under subsection (1) is—

(a) for a written examination, $350; and

(b) for an oral examination, $300.

__________________

Reg. 43 substituted by S.R. No. 40/2007 reg. 5.



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PART 5—THE STUDY OF ARCHITECTURE

44 Qualification in architecture

For the purpose of section 10(c)(i) of the Act, the following qualifications are prescribed—

(a) Bachelor of Architecture or Master of Architecture (Practice), Deakin University;

(b) Bachelor of Architecture, The Royal Melbourne Institute of Technology;

(c) Bachelor of Architecture or Master of Architecture (Coursework)—Option C, The University of Melbourne;

(d) any other architecture qualification at degree level which is approved by the Board as being equivalent to a qualification prescribed in paragraph (a), (b) or (c).

45 Prescribed course of study

For the purposes of section 10(c)(ii) of the Act, a prescribed course of study is the National Program of Assessment provided by the Architects Accreditation Council of Australia.

* * * * *

47 Examination fees

(1) A candidate for an examination conducted by the Board must pay the relevant examination fee to the Board.

* * * * *

* * * * *

r. 44

Reg. 45 substituted by S.R. No. 53/2005 reg. 13.

Reg. 46 revoked by S.R. No. 53/2005 reg. 14.

Reg. 47(2) revoked by S.R. No. 53/2005 reg. 14.

Reg. 47(3) revoked by S.R. No. 40/2007 reg. 6.

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48 Appointment of examiners

The Board may appoint a suitable person or persons to examine, under its supervision, applicants for registration.

49 Examiners' fees

The fees payable to an examiner are—

* * * * *

(c) for conducting oral or practical examinations, $300 for each sitting of 4 hours or less;

(d) for attendance at Committee Meetings authorised by the Board, $100 per meeting.

__________________

r. 48

Reg. 49(a)(b) revoked by S.R. No. 53/2005 reg. 14.

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PART 6—REGISTER AND REGISTRATION

50 Contents of the Register

In addition to the matters set out in section 16 of the Act, the Register is to contain the following prescribed particulars—

(a) the date of registration or approval for each approved partnership or approved company or individual architect;

(b) the registration or approval number allotted for each approved partnership or approved company or individual architect;

(c) where the architect holds a specialist qualification, the nature of that qualification;

(d) in the case of an approved partnership, the name and address of each partner;

(e) in the case of an approved company, the name and address of each director and shareholder;

(f) details of the professional indemnity insurance held by architects listed on the Register.

51 Notification of changed information

(1) Notification of a change in information contained in the Register must be given to the Board within 14 calendar days of that change.

r. 50

Reg. 50(a) amended by S.R. No. 53/2005 reg. 15(1).

Reg. 50(b) amended by S.R. No. 53/2005 reg. 15(1).

Reg. 50(d) amended by S.R. No. 53/2005 reg. 15(2).

Reg. 50(e) substituted by S.R. No. 53/2005 reg. 15(3).

Reg. 50(f) inserted by S.R. No. 53/2005 reg. 15(3).

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(2) An architect, approved partnership or approved company must provide written notification of a change of address by providing—

(a) the name recorded in the Register and any change to that name;

(b) the address recorded in the Register and any change to that address;

(c) any particulars prescribed under regulation 50 and recorded in the Register and any change to those prescribed particulars.

(3) Written notification under subregulation (2) by an approved partnership must be given by a member of that partnership.

(4) Written notification under subregulation (2) by an approved company must be given by the principal executive director or a director of that company.

52 Appeal times

For the purpose of sections 42(1)(b), 42(1)(f), 43(b) and 43(e) of the Act, the prescribed time is 3 months.

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PART 7—TRANSITIONAL

53 Transitional

Despite regulation 45, a person who, immediately before 14 June 2005, was enrolled in a course of study prescribed by regulation 45 as in force immediately before that date is to be treated as being enrolled in a course of study the passing of which satisfies section 10(c)(ii) of the Act to the extent that the section requires a person to pass a prescribed course of study.

__________________

Pt 7 (Heading and reg. 53) inserted by S.R. No. 53/2005 reg. 17.

Reg. 53 inserted by S.R. No. 53/2005 reg. 17.



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SCHEDULES

SCHEDULE 1Regulation 4

REGULATIONS REVOKED

S.R. Title

77/1993 Architects Regulations 1993

100/1994 Architects (Amendment) Regulations 1994

25/2000 Architects (Amendment) Regulations 2000

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Sch. 1Part 3—The Board


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SCHEDULE 2Regulation 42

PART A

ARCHITECTS REGISTRATION BOARD OF VICTORIA

APPLICATION FOR REGISTRATION AS AN ARCHITECT1. NAME

Family name Title (Mr, Mrs, Ms etc.) Given names

2. PREVIOUS OR OTHER NAMES

If you have ever been known by any other name, please give details:

3. PLACE AND DATE OF BIRTH

State Country Day Month Year

4. ADDRESS AND CONTACT INFORMATION

(a) Residential Address

(b) Postal Address (if different from Residential Address)

(c) Business Address (address for publication in the Register)

(d) Telephone business: home: facsimile:

5. EDUCATION AND PRACTICAL EXPERIENCE

(a) Architecture Course: Where completed: Date:

OR

Equivalent Qualification:

(b) Date of satisfying Board requirements for professional and practical experience:

Note: Equivalent qualifications must be approved by the Board. All architectural experience must be to the satisfaction of the Board.

5A. CLASS OF REGISTRATION

Please indicate class of registration applied for (tick one)—

Sch. 2

Sch. 2 Pt A item 5A inserted by S.R. No. 53/2005 reg. 18(1).

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(a) Practising architect

(b) Retired or non-practising architect

5B. PROOF OF PROFESSIONAL INDEMNITY INSURANCE COVER

Please provide the following information on your professional indemnity insurance—

(a) Name of insurance company

(b) Policy number

(c) Date of issue expiry date

(d) Level of indemnity

(e) Is the insurance held in your name? YES/NO

(f) Is the insurance held by your employer/company/partnership?YES/NO

(g) If YES to the question in paragraph (f) please provide the name or title of your employer/company/partnership

(h) Please attach a certificate of currency for the policy or a letter from your employer naming you as an insured employee.

6. REGISTRATION HISTORY

(1) In Australia:

(a) Have you ever previously registered asan architect? YES/NO

(b) Has your registration as an architect ever been suspended or cancelled? YES/NO

(c) Have you ever been disciplined as an architect for misconduct? YES/NO

(d) Have you ever as an individual or as a member of a firm or company been found to have breached the Architects Act 1958 or the Architects Act 1991 or a regulation under either of these Acts? YES/NO

If you have answered YES to any of the above, please give details here, or attach a separate page.

(2) If you have been registered or otherwise practised as an architect outside of Australia, please provide details of the registering

Sch. 2 Pt A item 5B inserted by S.R. No. 53/2005 reg. 18(1).



27

authority, if any, and the period of registration (where applicable) and practice.

(3) Do you consent to the Architects Registration Board of Victoria seeking a confidential report from the relevant registering authority? YES/NO

7. CURRENT MEMBERSHIP OF APPROVED PARTNERSHIP OR COMPANIES

Please list all approved partnerships and approved companies of which you have been or currently are a member or director and specify when you became a member or director:

BUSINESS NAME ADDRESS DATE(S)

8. FITNESS TO PRACTISE

Have you ever been convicted of an indictable offence in Victoria, or an offence which if committed in Victoria would have been an indictable offence? YES/NO

If you have answered YES, please provide details.

9. DECLARATION

The following declaration must be signed in the presence of a person qualified to witness Statutory Declarations.

I solemnly and sincerely declare that this application and declaration is true and correct in every particular and I make it in the belief that a person making a false declaration is liable to the penalties for perjury.

Signature:

Name:

Declared at

in the State of this day of 20

before me

Signature of witness

Full name and address of witness and qualification to witness a declaration.

Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958.

PART B


Sch. 2 Pt A item 7 substituted by S.R. No. 53/2005 reg. 18(2).

Sch. 2

Sch. 2 Pt B (Heading) amended by S.R. No. 53/2005 reg. 18(3).

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28

APPLICATION FOR APPROVAL OF A PARTNERSHIPFor each ARCHITECT partner, please provide the following information:

1. NAME


2. REGISTRATION NUMBER:




(c) Business Address (address for publication in the Register)


For each NON-ARCHITECT partner, please provide information at items 4 to 7:

4. NAME







(c) Business Address


7. OCCUPATION:

8. COMPLIANCE WITH THE ACT

(1) Is a member of the partnership who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the partnership? YES/NO

(2) Are the architectural services that are provided by the partnership carried out by or under the supervision of a person who is registered as an architect under the Architects Act 1991? YES/NO

(3) Is the person referred to in sub-item (2) covered by the insurance required under the Architects Act 1991? YES/NO

(4) If you have answered YES to the question in sub-item (3) please attach a certificate of currency for the insurance.

Sch. 2

Sch. 2 Pt B item 8 substituted by S.R. No. 53/2005 reg. 18(4).

Part 3—The Board


29

9. DECLARATION


Each of us being the partners solemnly and sincerely declare that this application and declaration is true and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury.

For each of the partners, complete (a) and (b)

(a) Signature:

(b) Name:

Declared at

in the State of this day of 20

before me


Full name and address of witness and qualification to witness a declaration.


PART C


APPLICATION FOR APPROVAL OF A COMPANY

SECTION A THE COMPANY

1. NAME OF COMPANY:

2. BUSINESS NAME (where different):

3. AUSTRALIAN COMPANY NUMBER: ACN

4. POSTAL ADDRESS:

5. TELEPHONE NUMBER:

6. FACSIMILE NUMBER:

7. ADDRESS OF REGISTERED OFFICE (if different from Postal Address):

SECTION B DIRECTORS

Sch. 2

Sch. 2 Pt C (Heading) amended by S.R. No. 53/2005 reg. 18(5).

Part 3—The Board


30

For each DIRECTOR, please provide the following information:

1. NAME

Family name Title (Mr, Mrs, Ms, etc.) Given names

2. PREVIOUS OR OTHER NAMES

If this Director has ever been known by any other name, please give details:






(c) Business Address


5. OCCUPATION:

* * * * *

SECTION D COMPLIANCE WITH THE ACT

1. Are architectural services provided by the company? YES/NO

2. Does the constitution or do the objects of the company provide that one of the purposes of the company is the practise of architecture, or do the lawful activities of the company include the practise of architecture? YES/NO

3. Is a director of the company who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the company? YES/NO

4. Is the director referred to in question 3 covered by the insurance required under the Architects Act 1991? YES/NO

5. If you have answered YES to question 4 please attach a certificate of currency for the insurance.

SECTION E DECLARATION BY THE DIRECTORS


Sch. 2

Sch. 2 Pt C Section C revoked by S.R. No. 53/2005 reg. 18(6).

Sch. 2 Pt C Section D substituted by S.R. No. 53/2005 reg. 18(7).

Part 3—The Board


31

Each of us being Directors do solemnly and sincerely declare that this application and declaration are true and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury.

(a) Signature:

(b) Name:

Declared at

In the State of this day of 20

before me


Full name and address of witness and qualification to take a declaration.


═══════════════



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ENDNOTES

1. General InformationThe Architects Regulations 2004, S.R. No. 51/2004 were made on 21 May 2004 by the Architects Registration Board of Victoria with the approval of the Governor in Council under section 69 of the Architects Act 1991, No. 13/1991 and came into operation on 24 May 2004: regulation 3.

The Architects Regulations 2004 will sunset on 20 May 2015: see the Subordinate Legislation (Architects Regulations 2004) Extension Regulations 2014, S.R. No. 38/2014.

EndnotesPart 3—The Board


33

2. Table of AmendmentsThis Version incorporates amendments made to the Architects Regulations 2004 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Architects (Amendment) Regulations 2005, S.R. No. 53/2005Date of Making: 7.6.05Date of Commencement: 14.6.05: reg. 3

Architects (Amendment) Regulations 2007, S.R. No. 40/2007Date of Making: 23.5.07Date of Commencement: 23.5.07

Architects Amendment (Fees) Regulations 2013, S.R. No. 33/2013Date of Making: 12.3.13Date of Commencement: 12.3.13

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



34

3. Explanatory DetailsNo entries at date of publication.



35

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