Performance report (non-financial) 2023-24

Performance snapshot as at 30 June 2024

• 310 Architectural Practice Examination participants
• 390 New architect registrants
• 7,759 Architects registered (practising and non-practising included on the Register of Architects)
• 353 Requests from architects for change of class (practising and non-practising)
• 161 New company and partnership registrations processed and completed
• 1,485 Approved company and partnerships
• 7 Matters referred to Architects Tribunal
• 49 Professional conduct assessments and investigations initiated
• 64 Prohibited conduct assessments and investigations initiated

Priority activities - Strategic Plan and Minister’s Statement of Expectations

A revised Framework for Statement of Expectations for regulators came into effect in September 2022. The primary purpose of the revised Framework and its related reporting requirements was to facilitate a dialogue between Ministers, departments and regulators to identify the government’s priorities and emerging risks and to establish a process for addressing these priorities though regulators’ business planning processes.

In accordance with the revised approach the Minister’s expectations for the ARBV have been integrated with the ARBV’s established business planning processes, noting that there is substantial overlap between the strategic initiatives in the ARBV’s Strategic Plan 2022-26 and the Minister’s expectations set out in the Statement of Expectations dated 3 July 2024. The initiatives in bold are referred to in both documents.

Objective 1 – Knowledge, capability & excellence: To support architects in the delivery of professional services for the benefit of the community and advancement of the industry.

Undertake proactive communications, education and engagement with registered and future architects about the importance and value of registration.

• The ARBV engaged in a range of proactive activities aimed at increasing registration numbers. There was more than a 5% annual increase in new registrations/approvals.

Engage with Victorian universities about preparing graduates to meet requirements for practical experience and becoming registered architects.

• The ARBV engaged with all Victorian universities that offer courses in architecture and delivered 6 pre-registration information sessions to architecture students.

Communicate the importance of fulfilling Continuing Professional Development obligations.

• The ARBV delivered 4 CPD webinars and proactively monitored architects’ compliance with CPD obligations by conducting an annual audit and dealing with instances of non-compliance.

Work with the Architects Accreditation Council of Australia (AACA) to support nationally consistent accreditation and registration of architects in Australia.

• Through the AACA, the ARBV engaged with bodies including the Australian Building Codes Board about strengthening architects’ compliance with the National Construction Code. The ARBV also worked with the AACA to ensure that the 2021 National Standard of Competency for Architects (NSCA) was embedded in pre-registration programs and delivered 2 information sessions about NSCA requirements.

Support, recognise and monitor high standards of architectural education in Victorian universities.

• In collaboration with the AACA, the ARBV monitored the performance of Victorian universities in meeting performance criteria in the 2021 NSCA, reviewed provider annual reports and ensured scheduled site visits occurred in accordance with accreditation review timeframes. The ARBV also participated in initiatives aimed at enhancing accreditation procedures.

Objective 2 – Community understanding: To build community understanding of the role of architects and the ARBV.

Ensure consumers have access to the most up-to-date information about registered architects in Victoria.

• The Register of Architects is updated in real time and can be searched on the ARBV’s website.

Continuously improve the ARBV’s website to deliver information which enhances engagement with the community and stakeholders.

• The ARBV transitioned to a more user-friendly semi-independent website and refreshed and expanded content available on the website for consumers and architects. The latest news section of the website is regularly updated and is now featured on the homepage.

Deliver information programs about the role of the ARBV and architects for the community.

• The ARBV has increased engagement with consumers via the website, the ARBV portal and other communications, events and resources provided by the ARBV. There was more than a 100% increase in clicks on consumer-oriented material on the ARBV website.

Provide information and guidance to the public about the obligations of architects and the consumer protections available.

• Evidence of consumer-focused communications and engagement activities are captured in all of the ARBV’s key strategic and operational documents and support delivery to the public of information and guidance about the obligations of architects and the consumer protections available. Guidance and information were communicated through consumer-focused activities undertaken in partnership with Open House Melbourne and on the ARBV website, including publication of a client architect agreement checklist for consumers of architectural services.

Objective 3 – Trusted regulator: To demonstrate the ARBV’s value as a trusted regulator, supporting the delivery of a high-quality built environment.

Strengthen the ARBV’s risk-based and evidence-led approach and decision-making.

• The ARBV’s Regulatory Strategy was revised and updated to expand the list of compliance obligations that could give rise to regulatory action and ensure the risk-based approach set out in the Strategy was in alignment with practice. Documents and tools supporting the implementation of the Regulatory Strategy were also revised and updated, including enhancement of the functionality of the risk tool and development of a dedicated Compliance and Enforcement Manual. For the Proactive Regulatory Strategy, detailed implementation plans and a dedicated Proactive Regulation Manual were developed.

Deliver public facing communications about the regulatory strategy that drives transparency about the ARBV’s activities.

• The ARBV’s public-facing Statement of Regulatory Approach was revised and updated in June 2024 and published on the ARBV’s website. Reporting on the implementation of the Regulatory Strategy and the Proactive Strategic Plan has been implemented.

Improve service delivery and future activities by implementing a Service Charter and other mechanisms to obtain feedback.

• The ARBV’s Service Charter is published on its website and performance against the commitments in the Service Charter was monitored and reported on.

Develop strategies to better use and optimise existing regulatory powers, while contributing to legislative reform.

• The ARBV met regularly and collaborated with the Department of Transport and Planning in 2023-24 to progress a workplan of potential legislative amendments and revisions to the Architects Act 1991 and Architects Regulations 2015. The ARBV also published new guidelines under Regulation 7 about professional indemnity insurance and supervision of unregistered employees. Written guidance reminding all Victorian architects that a strong architecture profession requires a culture of compliance with all relevant laws was also published.

Maintain effective working relationships with government, co-regulators, educational institutions and stakeholders to optimise regulatory outcomes.

• The ARBV actively collaborated on issues of local and national importance for the regulation of the architecture profession and the construction industry overall. The ARBV met regularly with the Victorian Building Authority and participated in the Design Standards Working Group. The ARBV also participated in the Small Regulator Forum and contributed to regulator improvement initiatives undertaken by the Department of Treasury and Finance. Relationships with universities were maintained through accreditation activities coordinated by the AACA and via ARBV education outreach activities and student award presentations.

Collaborate across jurisdictions with other regulators of the architecture profession.

• The ARBV regularly met with interstate regulators of the profession as part of the National Registrars Forum and attended meetings convened by the AACA at which overseas regulators of the profession were present. The ARBV also continued its collaboration with the NSW ARB to undertake further research into systemic risks in the Australian architecture sector including hosting a series of focus groups with participants from across the sector. The findings were published in the Deep Dive Report (2024) which is available on the ARBV website.

Objective 4 – Culture and Outcomes: To drive positive outcomes for consumers by promoting a professional culture of accountability among architects.

Maximise the functionality of the customer relationship management system to identify trends and emerging issues relating to architects’ compliance.

• Enhancements were made to the Customer Relationship Management system (CRM) to facilitate greater data capture and compliance trend reporting. Increased data and information were gathered and recorded in 2023-24 and complaints and non-compliance data were reviewed to inform and enhance targeting and scope of regulatory activities.

Engage with research and knowledge gathering about the profession to better understand systemic issues and compliance disposition.

• Eight focus groups on four systemic risks themes were held during 2023-24 and the evidence-led findings published in the Deep Dive Report (2024) on ARBV’s website.

Identify regulatory focus areas as informed by data, research and knowledge gathering and publicise targeted strategies to address these focus areas.

• Targeted strategies were developed to address regulatory focus areas and information, education, and guidance about them were publicised and available to the profession. In addition to published guidelines and guidance already referred to, Q&As from CPD webinars were captured and synthesised into key themes, and responses addressing key themes periodically published in the ARBV’s quarterly Update newsletter.

Improve architects’ compliance by targeted regulatory activities and education to support behavioural change and encourage voluntary compliance.

• Year 1 of the ARBV’s Proactive Strategic Plan was fully implemented, including a range of proactive activities designed to deter and detect non-compliance and to encourage voluntary compliance. There were high levels of participation by the profession in the ARBV’s CPD webinar series.

Efficiently and effectively manage and respond to complaints and non-compliance.

• In 2023-24, while continuing to manage and respond to complaints and non-compliance, a central focus was on implementing recommendations identified in a review of the ARBV’s complaints and investigation function and other strategies to strengthen the function.

Continue to regulate the use of the terms -‘architect’, ‘architectural services’, ‘architectural design services’ and ‘architectural design’.

• Continued to monitor and respond to the prohibited use of protected terms by non-registered persons and/or companies. A project was commenced to educate about the use of terms and to streamline enforcement in the event of contravention of the Architects Act 1991.

Additional objectives/activities from the Minister’s Statement of Expectations (not already covered above)

Maintain a high performing, focused and sustainable organisation.

• The ARBV’s small, dedicated team implemented activities in accordance with the annual business plan and within the approved budget. Improved financial tracking and reporting was introduced in 2023-24, facilitating informed and timely decision-making and allowing the ARBV to optimise its resources to improve the delivery of regulatory services while also ensuring financial sustainability.

Continuously improve systems, resources, intelligence and processes as recommended by the Expert Panel to support efficient and effective delivery of regulatory services.

• In 2023-24, the ARBV collaborated with other regulators and organisations in regard to initiatives aimed at supporting better regulation. The ARBV also undertook process reviews, continued to make systems enhancements, and refined its functional structure to support the efficient and effective delivery of its regulatory services.

ARBV Service Charter

The ARBV Service Charter sets out the standard of service people can expect to receive from the ARBV, including:

• how to contact us
• what you should do if you wish to make a complaint or provide feedback about your dealings with us
• how you can help us to help you
• our expected time frames for services provided.

OUR SERVICE COMMITMENTS:

Responsiveness

• We will respond promptly to your enquiries through our phone and email service.
• We aim to respond to phone enquiries and emails within 3 business days and written correspondence within 10 working days.
• We will provide accurate and up to date information in response to enquiries.
• We will manage all registration applications efficiently and finalise complete and routine applications for registration within 6 weeks.
• We will keep complainants informed about the progress of their complaint and the expected timeframe for finalisation.
• We will acknowledge complaints about the ARBV within 3 days and respond to those complaints within 4 weeks.

Transparency

• We will be open and transparent about our processes.
• We will provide consistent and clear information across our communication channels.
• Our staff and Board will disclose conflicts of interest, and comply with the VPS code of conduct.
• We will give you access to your personal information if you request it.
• We will publish clear and current information on our website.

Quality service

• We will give you clear and straightforward information about the ARBV, including information on how to register as an architect in Victoria, make an enquiry or complaint, or respond to a complaint.
• We will keep an up-to-date Register of Architects in Victoria.
• We will handle all complaints about the conduct of architects fairly and efficiently.
• We will keep you informed about the progress of your enquiry, application, or complaint.
• We will tailor our response to your accessibility needs where possible.
• We will provide linkages and referral to other government information relevant to your needs where reasonably practicable.

Confidentiality

• We will have systems in place to protect your confidential information.
• We will treat all information received in accordance with the Privacy and Data Protection Act 2014.

Professionalism and Respect

• Our dealings with you will be conducted with integrity, honesty and respect. Our staff will be informative and helpful and responsive to feedback you may wish to provide.
• When you contact us, the person who responds to your enquiry will give you their name.
• We will be inclusive and treat every member of the public equally.
• We will endeavour to ensure we are accessible for those with disabilities and culturally diverse backgrounds.

Service Charter reporting

Approximately 10,000 enquires were received and responded to in the 2023-24 financial year. The ARBV has processes in place to track performance against service commitments. Enquiries were responded to in accordance with the timelines set out in the ARBV Service Charter.

Feedback from architects and consumers of architectural services is collected throughout the year. Each email, portal enquiry or phone call is categorised, and surveys are conducted. Feedback received is reviewed and informs systems and process enhancements.

Data gathered also provides valuable insights and helps the ARBV to identify key trends and issues. This data is used to inform and guide the delivery of the ARBV's Regulatory Strategy.

Registration

Registration is an important regulatory function that controls entry to the profession and provides assurance to consumers that architects possess a high standard of education and experience, adhere to prescribed standards of professional practice and hold Professional Indemnity Insurance.

Requirements for registration

Persons seeking registration as an architect in Victoria must have been engaged for not less than 2 years in practical architectural work and attained a standard of professional practice satisfactory to the ARBV.

Pre-registration requirements

The Architects Act 1991 (the Act) makes provision for the main pre-registration pathway being the Architectural Practice Examination
(APE) for this purpose, as it allows candidates to be tested on their practical knowledge. The APE has been adopted by all Australian state and territory architect registration boards, providing national consistency in pre-registration examinations.

The APE is the most common pathway to registration and is held twice in each calendar year. The other pathways to registration are administered by the AACA and include the Experienced Practitioner Assessment (EPA) –for both overseas experienced and locally experienced persons, overseas mutual recognition (Asia Pacific Economic Co-operation and US architects) and the UK mutual recognition pathway, which allows for graduates and registered practitioners from the UK to seek registration.

The pathways to registration generally require the completion of a university degree for eligibility to a registration pathway.

Fit and Proper Person (FPP) requirement

The FPP requirements for registration require registrants to answer probity questions related to their fitness to practise.

These probity questions relate to any convictions or guilty verdicts involving fraud, dishonesty, drug trafficking or violence (up to 10 years after the verdict), suspension or cancellation of registration, licence, approval or other authorisation in the last 10 years, being subject to an order from a court or VCAT that has not been complied with, disciplinary action taken under the Building Act 1993, and insolvency (bankruptcy) in the last 10 years.

FPP is determined during the registration assessment and can help to provide initial insights into the risk profiling of a regulated entity. This initial understanding of risk profiles provides useful information to inform education and monitoring of newly regulated entities.

The ARBV also administers an enduring declaration at renewal for registrants to provide details of changes in their registration related to the FPP requirements contained in section 10A of the Act.

Monitoring and compliance activities

Compliance with Professional Indemnity Insurance (PII) requirements
Section 8B and 8C of the Act require practising architects to be covered by PII that complies with requirements set out in the Architects Insurance Ministerial Order of February 2020. The Board audits compliance with this requirement. The ARBV’s CRM system enables more efficient auditing of compliance with insurance obligations.

The Registration team conduct routine audits to ensure compliance with PII requirements and to ensure that architects meet statutory requirements.

Compliance with Continuing Professional Development (CPD) requirements
Under the Victorian Architects Code of Professional Conduct, architects must maintain their skills and knowledge. The ARBV recommends that this is achieved by complying with the National CPD framework. The framework requires architects in the practising class to complete a set number of hours of CPD activities throughout a registration year. The CPD activities undertaken must reflect the performance criteria in the National Standard of Competency for Architects (NSCA).

The ARBV monitors CPD compliance through an annual audit conducted after the renewal period to ensure CPD requirements are met.

Compliance with approval requirements

Under the Act, there are requirements for companies and partnerships providing architectural services to be appropriately approved.

The ARBV monitors all entities providing architectural services to ensure they comply with the requirements of the Act. This includes ensuring that where an architect is trading through a company (e.g. as reflected by their PII policy), that the company is appropriately approved.

Registration renewal

The ARBV continued to improve communications about the renewal process to promote compliance by registrants with the 1 July date for payment of prescribed annual fees. The CRM system has improved the overall renewal process and allowed registrants to be more actively engaged with renewal and their broader compliance obligations.

If a regulated entity fails to pay their registration renewal by the due date (which may be extended in agreed circumstances, e.g. through the Financial Hardship Policy) the ARBV may initiate steps to suspend their registration.

Numbers of suspensions relating to non-payment of annual fees since 2019-20 are as follows:

Note: Registrants required to pay annual fees: architects (practising), approved companies and approved partnerships.

Other registration activities

The registration function continues to deliver a range of services, including:

• Overseeing the accreditation processes administered by the AACA
• Embedding the National Standard of Competency for Architects into pre-registration programs
• Delivering training to the ARBV’s Panel of APE Examiners
• Collaborating with the AACA and other architect registration boards to implement improvements to relevant registration and examination procedures and processes
• Working to increase registrations, particularly among persons who meet registration requirements but are not registered as architects
• Improving communications regarding registration processes and ensuring that all relevant details are available on the website
• Contributing content for the ARBV Update provided quarterly to registrants.

Registration and Architectural Practice Examination statistics

Note: Due to changes in recent years in how we record Non-Practising registrants on the Register of Architects, the total in 2020-21 appears greater. This primarily relates to the treatment of Non-Practising registrants holding inactive status.

Note: Due to coronavirus (COVID-19), only one APE session was completed in the financial year 2019-20 leading to the postponement of 223 candidate examinations.

Complaints and investigation

The ARBV strives to protect the community interest and instil confidence in the regulation, integrity and delivery of architectural services in Victoria. Delivery of the following regulatory functions contribute to achieving these outcomes:

• regulating the professional conduct of architects, approved partnerships and approved companies
• investigating and bringing proceedings for offences against the Architects Act 1991 (known as ‘prohibited conduct’).

Delivery of these functions is guided by the ARBV’s Regulatory Strategy, which sets out a risk-based approach to regulation, and the Minister’s Statement of Expectations, which requires the ARBV to improve efficiency and effectiveness in its regulation of the architecture profession.

During 2023-24, the ARBV dedicated itself to further embedding its risk-based approach within its compliance and enforcement activities and to meeting the Minister’s expectations for the management of and response to complaints and non-compliance.

Efficient delivery of regulatory functions

During 2022-23, the ARBV commissioned a review to assess its management of complaints and investigations. The review identified opportunities for the ARBV to improve delivery of its compliance and enforcement functions by enhancing internal regulatory documents, tools and guidance materials. In 2023-24, the ARBV committed itself to realising these enhancements via 2 major projects:

Compliance and Enforcement Manual
The ARBV produced a comprehensive and practical internal guide for the compliance and enforcement activity undertaken by the Complaints and Investigation team. The manual includes a detailed explanation of all aspects of the compliance and enforcement process and provides links to relevant policies, templates, tools and other reference material. The manual embeds the ARBV’s risk-based approach to regulation and enhances the efficiency of the decision-making processes involved in compliance and enforcement activity.

The main purpose of the manual is to ensure that compliance and enforcement activity is undertaken in a consistent, fair, effective and efficient manner.

Risk Tool
The ARBV refined the tool used to guide the assessment of the static, dynamic and overall risks posed by non-compliance with acceptable standards of professional conduct and the risks posed by prohibited conduct. The risk-based approach contributes to the ARBV’s compliance and enforcement activity in 2 main ways:

• by assisting in the triaging of complaints and referrals when they are first received so that they can be prioritised based on the relative risk of non-compliance, and
• to assist in the assessment of the risk associated with specific non-compliance under investigation to guide the appropriate regulatory response among those available for a particular instance of non-compliance with the regulatory framework.

Professional conduct of architects
Under the regulatory framework architects must be competent, demonstrate professional standards and avoid engaging in unprofessional conduct. This includes but is not limited to fulfilling the compliance obligations detailed in the ‘Victorian Architects Code of Professional Conduct’ (the Code) contained within the Architects Regulations 2015 (the Regulations).

The Code sets out requirements architects must comply with relating to:

• standards of conduct
• skills and knowledge
• approval of documents
• contracts and agreements with clients
• administering a building contract for a client
• professional fees and costs
• provision of information to clients retaining documents and record keeping maintaining confidentiality of client information
• disclosing conflicts of interest, referrals, and endorsements
• engendering confidence in and respect for the profession
• maintaining standards and integrity of the profession.

The ARBV may investigate complaints received about an architect’s professional conduct and/or fitness to practise. Upon receiving a complaint, the ARBV assesses the complaint to determine whether it is within the ARBV’s jurisdiction, namely whether it is about an architect’s professional conduct and/or fitness to practise, whether there is sufficient information to conduct an assessment and, if so, whether the conduct concerns a compliance obligation imposed on the architect under the regulatory framework. If the complaint is within the ARBV’s jurisdiction and there is sufficient information to assess the complaint, the ARBV may investigate the complaint. It may also investigate architects’ professional conduct and/or fitness to practise using its ‘own motion’ power.

Investigation into an architect’s professional conduct and/or fitness to practise is in order to inform the ARBV’s decision whether or not to refer the matter to the Architects Tribunal for inquiry. Where a decision is made not to refer a matter for inquiry, the ARBV may determine that other regulatory action is appropriate in the circumstances. Such action may include educative guidance, a formal written warning or written advice under regulation 8 of the Regulations.

Further information about the Architects Tribunal can be found on page 28.

In 2023-24, the ARBV saw the following movements in compliance and enforcement activity:

• The number of complaints about the professional conduct of architects increased (49 in 2023-24 compared with 26 in the previous year)
• An increase in the number of professional conduct matters initiated by the ARBV using its ‘own motion’ power (10 in 2023-24 compared with 2 in the previous year) Assessments of professional conduct matters not referred for investigation remained consistent with the previous year (21 in 2023-24 and 19 in the previous year)
• Assessments of professional conduct matters referred for investigation remained consistent with the previous year (29 in 2023-24 compared to 32 in the previous year)
• Fewer professional conduct investigations were completed overall due to the complexity of the investigations undertaken and increase in the overall caseload (13 completed in 2023-24 compared to 29 in the previous year)
• The number of referrals to the Architects Tribunal for inquiry was similar to the previous year (7 in 2023-24 compared with 8 in the previous year)
• The number of written advice letters about compliance issued to architects under regulation 8 of the Regulations was similar to the previous year (3 in 2023-24 compared to 5 in the previous year).

In 2023-24, the ARBV’s complaint data indicates that the highest incidence of complaints about professional conduct related to the following complaint issues:

• careless or incompetent design or specifications
• failure to provide services with due skill, care and diligence
• unreasonable delays in the provision of architectural services.

Complex investigations 2023-24
In April 2023, the Federal Court of Australia made a finding under the Competition and Consumer Act 2010 (Cth) of attempted cartel conduct by an architectural company and an architect working for the company. The attempt was made when the architect, then a director of the company, contacted other architectural firms to try to persuade them not to submit a tender for the second phase of a $250 million federally funded development. The Court imposed significant fines on both the architectural company and the former director.

During 2023-24, the ARBV obtained information and documentation from a range of sources by exercising its information gathering powers and inspecting Federal Court records. The ARBV carefully assessed the information and documentation obtained to determine whether there was evidence of contravention of the professional conduct obligations set out in the Act or the Code. The ARBV formed the view that there was sufficient evidence to conduct investigations into the professional conduct of 2 of the architects involved.

Upon completion of the investigations, the ARBV determined that an inquiry should be held into the professional conduct of each architect. The matters are now with the Architects Tribunal.

Prohibited Conduct
While the Act prohibits architects from engaging in certain unlawful conduct (e.g. working without the required insurance or falsely claiming to be covered by the required insurance), the most common potential offences dealt with by the ARBV are:

• representations by a person that they are an architect when they are not registered with the ARBV, and
• use of restricted expressions “architectural services’, “architectural design services” and “architectural design’ by unregistered persons or unapproved partnerships or companies.

To represent themself or be represented as an architect in Victoria, a person must be registered with the ARBV. The education and experience required for registration, coupled with the professional conduct obligations and CPD and PII requirements, contribute towards maintaining the standards and integrity of the profession and providing consumer protection.

If a person or body is not registered with the ARBV, they are not an architect in Victoria. If a non-registered person or body represents themselves or allows themselves to be represented as an architect, they are in breach of the Act’s prohibited conduct provisions.

While breaches of the Act’s prohibited conduct provisions may be prosecuted by the ARBV, the ARBV continues to experience significant success by engaging with those involved in prohibited conduct to provide them with an opportunity to voluntarily take action to address the conduct. In 2023-24, 100% of cases where prohibited conduct was identified were closed after the conduct was voluntarily addressed.

Work began during 2023-24 on producing education and guidance materials targeted at reducing prohibited conduct. This was prompted by a significant increase in the number of prohibited conduct cases handled (with a caseload of 83 in 2023-24 compared with a caseload of 59 in the previous year). This work will continue and be delivered in 2024-25.

Complaints and Investigation Statistics

* Assessments and investigations comprise complaints made to the ARBV and any 'own motion' investigations commenced by the ARBV into an architect's professional conduct or fitness to practice.
**This data has not previously been included in annual reporting.
***These figures include assessments and investigations initiated in the relevant reporting year and those carried over (i.e. not completed) from previous years. Assessments and investigations are generally completed within 12 months but may take longer if they are complex. This data has not previously been included in annual reporting.
Note: Where no values are shown this indicates the category was not previously reported.

Note: Where no values are shown this indicates the category was not previously reported.

Architects Tribunal

Inquiries into the professional conduct and/or fitness to practise of architects are conducted by a tribunal constituted, as required from time to time, from a panel of suitably qualified people appointed by the Minister (Architects Tribunal). The Architects Tribunal constituted for an inquiry must comprise:

• one panel member who is a practising architect
• one panel member who is not an architect one panel member who is a representative of consumer interests.

At least one member of a Tribunal is to be a person with legal experience and knowledge.

The Architects Tribunal is independent of the ARBV. While the ARBV provides administrative assistance to the Architects Tribunal after a matter has been referred for inquiry, the ARBV is not a party to the inquiry. It is the Architects Tribunal’s role to consider the available evidence to determine any allegations that are to be put to the architect, to hold the inquiry and ultimately decide whether any grounds for disciplinary action under the Architects Act has been made out, including whether:

• the architect has been careless or incompetent in their practice
• the professional standards of the architect are demonstrably lower than the standards which a competent architect should meet
• the architect is guilty of unprofessional conduct
• the architect has breached or failed to comply with any provision of the Architects Act.

See section 32 of the Architects Act 1991 for the complete list of grounds for disciplinary action.

If the Tribunal finds that a ground for disciplinary action has been proven, it may make determinations against the architect that include a caution, a reprimand, payment of a penalty, mandatory further education, the imposition of conditions on the architect’s registration, and, in more serious cases, suspension or cancellation of the architect’s registration.

The ARBV is required to enforce determinations made by the Tribunal.

An architect may apply to the Victorian Civil and Administrative Tribunal for a review of an Architects Tribunal determination concerning them.

In 2023-24, 7 matters were referred to the Architects Tribunal and 5 inquiries involving matters already with the Tribunal were completed. Of those 5 inquiries, grounds for disciplinary action were found to be made out by the Architects Tribunal in each inquiry. The various grounds found to be proven by the Architects Tribunal in these inquiries included:

The architect was careless or incompetent in their practice by:

• failing to apply for an extension of the expiry period for a town planning permit and facilitated the client entering a building contract in circumstances when the architect knew the town planning permit had expired
• failing to act with reasonable care when costing a project
• failing to act with reasonable care by designing a building encroaching into the airspace of a neighbouring property.

The architect was guilty of unprofessional conduct by:

• providing architectural services without having entered into a written agreement with their client or entering into a written agreement with the client which did not include the required information
• failing to provide their client with sufficient relevant information with reasonable promptness to enable the client to make an informed decision in relation to the provision of services
• failing to take reasonable steps to ensure that all information and material provided to their client was accurate and unambiguous
• failing to keep documents in accordance with the requirements of the Code
• failing to endeavour to maintain the standards and integrity of the profession of architecture with respect to their communications with the client, the client’s representatives and the ARBV
• entering into an agreement with the client and an agreement with the owners of the adjacent property for the provision of architectural services when those agreements would result in an actual or potential conflict of interest.

The architect's professional standards were demonstrably lower than the standards which a competent architect should meet by:

• failing to comply with the payment terms of a contract.

The determinations made against the architects included:

• cancellation of the architect’s registration (1 instance)
• a caution (3 instances)
• a reprimand (2 instances)
• payment of a penalty of $4,000 (2 instances)
• further education (1 instance)
• payment of the Tribunal’s costs (4 instances of $4,000, $12,000, $13,500 and $18,000 respectively).

Please see the ARBV’s Register of Disciplinary Action for more information about these inquiries.

At 30 June 2024, there were 11 matters with the Tribunal which had not yet progressed through to hearing.

Proactive Regulation Program

In 2023-24, the ARBV developed a Proactive Regulation Manual and completed year one of its 3-year Proactive Strategic Plan by implementing a range of proactive activities to:

• encourage voluntary compliance: particularly, through education and engagement
• detect non-compliance: especially through monitoring, intelligence-gathering and data mining and analysis
• anticipate and prevent non-compliance: through intelligence-gathering and data mining and analysis supplemented with thought leadership and engagement with a broad range of stakeholders to identify systemic risks and to prevent non-compliance from occurring.

The ARBV’s proactive regulatory activities are directed at various stakeholder groups, including:

• Architects and future architects including university architecture graduates and APE candidates
• Clients and end users of architectural services
• Universities offering accredited courses in architecture
  Government bodies and co-regulators responsible for policy, law-making and regulation for the sector
• Industry bodies including professional membership organisations
• Insurers providing Professional Indemnity Insurance coverage to architects.

Activities delivered during 2023-24

Systemic Risks Research
In October and early November 2023, the ARBV again collaborated with the NSW ARB to undertake a deep dive into 4 key systemic risks identified in the earlier joint research - Systemic Risks in the Australian Architecture Sector, which was published in 2022. Four focus groups were conducted, which comprised a broad cross section of sectoral participants from Victoria and NSW and explored the following themes: Client-Architect Relations, Design & Construct Procurement, NCC Compliance and Disruptive Change. The insights from the focus groups were published in the Deep Dive Report which is available on the ARBV’s website.

Webinars
The ARBV delivered quarterly CPD webinars to address key compliance risks identified through the ARBV’s broader regulatory activities and to provide practical guidance regarding compliance. The webinars were very well attended. Recordings of the webinars are available on the ARBV’s website.

New Guidelines
New guidelines made under regulation 7 of the Regulations were published in 2023-24 which addressed Victorian architects’ obligations relating to the supervision of non-registered employees and maintaining adequate Professional Indemnity Insurance.

Educative guidance
In support of fostering a culture of compliance, guidance was published on the ARBV’s website reminding architects of the requirement to comply with all relevant laws in the context of discharging their professional standards obligations.

Design Standards Working Group Together with other stakeholders, the ARBV participated in the Design Standards Working Group established by the Victorian Building Authority to develop guidance on the minimum standards of design documentation required for class 2 residential buildings. The Design Documentation Practice Guide for Class 2 residential buildings is expected to be finalised in 2024-25.

University outreach program
The ARBV has contacted all 5 Victorian universities that offer accredited architecture courses in relation to providing information sessions aimed at educating students on pre-registration requirements and of the value of registration. Six on-campus information sessions were delivered during the year.

Launch of the ARBV’s new semi-independent website
The ARBV launched a new semi-independent website to improve user experience and enhance search functionality. Under the previous website, a search could result in the user being directed to webpages of other government departments and agencies whereas searches are now confined to information related to the ARBV.

Open House Melbourne (OHM) Sponsorship The ARBV and OHM delivered a range of events during 2023-24 to raise awareness of the ARBV’s role with consumers of architectural services including:

• As part of the ARBV’s centenary celebration events, OHM helped to coordinate a public presentation by an expert panel who discussed the important role of the ARBV in regulating the conduct of architects in the past, the present and into the future.
• As part of the OHM July weekend, the ARBV hosted a walking tour focusing on the evolution of architecture in Melbourne over the past 100 years. The event was co-hosted by ARBV Chairperson, Dr Giorgio Marfella and Jill Garner AM, the Victorian Government Architect.
• On behalf of the ARBV, OHM produced the fourth series of the “Naked Architect”. The series focuses on residential building projects and highlights the importance of maintaining good client-architect relations. The first 2 episodes are available on the ARBV’s website with the third episode expected to be available in September 2024.

Grants and sponsorships by the ARBV must be linked to the objective of the advancement of architectural education as set out in section 59(1) of the Architects Act 1991 and be cognisant of the ARBV’s principal role as a regulator.

Enduring Assets
To mark its centenary, the ARBV commissioned Professor Julie Willis, Dean of the Faculty of Architecture, University of Melbourne to create a suite of enduring assets. Ten articles were produced, which focus on a series of firsts in the regulation of the architecture profession. The articles are available on the ARBV website.

Legislative reform
The ARBV has worked closely with the Department of Transport and Planning during the year on a range of potential legislation and regulation reform proposals to enhance the regulation of architects, including commencement of a review of the Architects Regulations 2015 which are due to be replaced in May 2025, and of the Victorian Architects Code of Professional Conduct incorporated in the Regulations.

Student Awards
The ARBV is committed to engaging with all 5 Victorian universities to further knowledge, capability and excellence in the architecture profession. The ARBV recognises the importance of education linked to the professional practice of architecture and supports universities by providing an annual award to the highest performing student in a professional practice subject. Recipients receive$1,000 as a contribution towards their further studies or professional development. Five students received awards in the reporting period.