ARBV Annual Report 2023-2024

This year, in support of our key strategic objectives, the ARBV significantly upscaled its proactive regulatory activities in line with our mission to engage, educate and regulate to ensure architectural services are delivered according to high professional standards and contribute to improved building outcomes for the benefit of the community.

In 2023, the ARBV celebrated 100 years as the regulatory steward for Victorian architects. The ARBV commenced celebrations in July 2023 by joining with Open House Melbourne to conduct a walking tour of the Melbourne CBD to explore the city’s changing architecture, and later hosted an expert live panel discussion highlighting the importance of the ARBV’s regulatory work since it was established. The live panel discussion was followed by a centenary celebration, with an opening address provided by the Hon. Sonya Kilkenny MP, Minister for Planning.

The ARBV also commissioned 10 articles by Professor Julie Willis, Dean of Architecture at the University of Melbourne which focus on “firsts” in the Victorian architecture sector, including the first registered architect and company, the first female architect and one of the earliest known registered Indigenous architects, which are published on the ARBV website.

A major undertaking during the current Board’s term saw the ARBV and NSW ARB conduct a joint research project to identify current, emerging and future systemic compliance issues and associated risks affecting the regulation of architects in both Victoria and New South Wales. The valuable findings of the “Systemic Risks in the Australian Architecture Sector” project were published in 2022 and the findings have since been used to inform the proactive regulatory strategies adopted by the ARBV to mitigate harm caused by systemic risks.

After the “Systemic Risks in the Australian Architecture Sector” project, the ARBV collaborated once more with the NSW ARB by engaging with focus groups in Spring 2023 to undertake “deep dives” into some of the main thematic areas of risk identified in the project. This included Client-Architect Relationships, Design & Construct Procurement, Compliance with the National Construction Code and Disruptive Change. The “Deep Dive Report into Systemic Risks in the Australian Architecture Sector” was released in June 2024 and can be found on the ARBV website.

Proactive activities undertaken to support architects to maintain high professional standards include the regular webinar series offered by the ARBV. Recordings of earlier webinars have been made freely available on the ARBV website and we have seen a significant increase in the attendance of these webinars by architects. The ARBV is looking to increase the number of webinars offered throughout the coming year.

The ARBV has expanded the number of Architect Guidelines published, with new guidelines issued 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 has also been published.

The ARBV has continued to collaborate with the Victorian Building Authority and other stakeholders as part of the Design Standards Working Group to develop a design documentation practice guide for Class 2 residential buildings, which is expected to be published in August 2024.

Increased proactive monitoring has also been a focus in 2023-24, with targeted monitoring of architects’ compliance with professional indemnity insurance and continuing professional development obligations. The ARBV has also been monitoring the use of terms and wording that may mislead consumers into thinking they are engaging the services of a registered architect when this is not the case, which is prohibited conduct under the Architects Act 1991. The ARBV will continue its efforts in the coming year to implement strategies to promote transparency for the end user about whether work is being carried out by a registered architect or under the supervision of a registered architect.

The ARBV has also undertaken proactive activities aimed at reaching out to consumers and the public more broadly. This includes activities undertaken in partnership with Open House Melbourne, such as the annual walking tour referred to above and the relaunch of the Naked Architect series. Plans have also been endorsed in 2023-24 for the ARBV to participate in Melbourne’s Home Show to engage with an even wider public audience.

As always, the ARBV worked closely with the Architects Accreditation Council of Australia on matters related to the standard of architecture education and the practice of architecture in Australia, in furtherance of the ARBV’s responsibility to provide and monitor accreditation for Schools of Architecture in Victorian universities. The ARBV also continued to work closely with other regulators, including through the National Registrars Forum for regulators of the architecture profession throughout Australia.

In 2023-24, the ARBV collaborated with the Department of Transport and Planning (DTP) on progressing initiatives for legislative reforms and strengthening the regulatory oversight of architects. With the Architects Regulations 2015 due to be replaced in May 2025, the ARBV have been mindful of the opportunity to revise and refresh the regulations, including the Victorian Architects Code of Professional Conduct.

Significant comparative analysis has been undertaken in relation to codes of conduct operating in other jurisdictions and consideration of enhancements that may potentially be introduced.
In conjunction with DTP, the ARBV consulted with key industry stakeholders including the Australian Institute of Architects, Association of Consulting Architects and ArchiTeam in relation to potential legislative amendments and will continue to consult on any further proposed changes.

Business as usual saw regulatory oversight of more than 7,700 practising architects and approved companies and partnerships, over 300 Architectural Practice Examinations held, and approximately 10,000 enquiries received and responded to. Seven matters were referred to the Architects Tribunal. An application made to the Victorian Civil and Administrative Tribunal for review of a determination made by the ARBV was withdrawn by the applicant.
With registration fees reset for 2023-24, the ARBV has been able to upscale its proactive regulatory activities and continue to progress reactive regulatory activities, including multiple inquiries by the Architects Tribunal, while still maintaining a sound financial position.

During the reporting year, the term of office of 6 Board members expired and at the close of 2023-24, several appointments were still pending. The ARBV would like to express our gratitude to the members of the Board, Deputy Chairperson Sophie Cleland, Bruce Allen, Mark Curry, Richard Drew, Stefan Preuss, and Sally Wills for their ongoing support, strategic advice and commitment to promoting higher standards of professional conduct among architects in Victoria.

Finally, the ARBV extends our appreciation to the ARBV staff for their continuous support and to Victorian architects for the valuable services they offer to their clients and the Victorian community.

Dr Giorgio Marfella, ARBV Chairperson

Dr Glenice Fox, ARBV CEO/Registrar

The ARBV reports to the Minister for Planning, who is supported by the Department of Transport and Planning (DTP). The responsible Minister for the period was the Hon. Sonya Kilkenny MP, Minister for Planning.

DTP delivers an integrated approach to Victoria’s transport and planning system to support inclusive, prosperous and sustainable community outcomes. DTP enables more liveable communities across Victoria through the realisation of local economic and community opportunities.

DTP serves five Ministers and a Parliamentary Secretary and unites transport, planning, precincts, land use, property, building and heritage to support its vision of thriving places, connected communities for all Victorians.
The ARBV and its initiatives are key contributors to the transport and planning portfolio.

Establishment and Role

Established in 1923, the ARBV is a self-funded Victorian public sector entity. The Architects Act 1991 (the Act) establishes the framework for the regulation of architects in Victoria and has as its purposes:

• to provide for the registration of architects
• to provide for the approval of partnerships and companies providing architectural services to regulate the professional conduct of architects
• to provide a procedure for handling complaints against architects
• to regulate the use of the terms “architect”, “architectural services”, “architectural design services” and “architectural design”
• to establish the Architects Registration Board of Victoria.

Functions

The ARBV’s statutory functions include:

• assessing and determining applications for registration from individuals and applications for approval from partnerships and companies
• suspending and cancelling registrations or approvals and revoking suspensions where required
• regulating the professional conduct of architects, approved partnerships and approved companies
• preparing guidelines on professional conduct and practice for architects, approved partnerships and approved companies
• publishing information relating to the operation of the ARBV and the Act
• together with the Architects Accreditation Council of Australia (AACA), administering the Architectural Practice Examination
  (APE), the most common pathway to registration
• accrediting architectural programs of study within Victoria, in accordance with the established Architecture Program Accreditation Procedure in Australia and New Zealand administered by the AACA and in doing so, determining qualifications required for registration under the Act
• investigating and bringing proceedings for offences against the Act
• carrying out any other powers and functions which are given to it by the Act or which are necessary to implement the Act.

Nature and Range of Functional Areas

Registration

The registration function is responsible for pre-registration and registration-related activities, including assessing applications for registration from applicants seeking registration for the first time, architects seeking to change their class of registration, architects seeking registration with the ARBV via mutual recognition, and architects seeking to renew their registration.

Registration oversees suspensions and cancellations of registration and revocations of suspension. It also ensures registrants comply with their compliance obligations including Continuing Professional Development and Professional Indemnity Insurance.

The function is also responsible for maintaining the Register of Architects, supporting the AACA in its administration of the APE and other pre-registration pathways, and assisting the administration of accreditation. It also provides secretariat support to the National Registrars Forum.

Complaints and Investigation

The Complaints and Investigation function is responsible for administering compliance obligations set out in the Act. As part of this function, Complaints and Investigation assesses complaints received about architects' professional conduct and may undertake investigations. Complaints and Investigation may also investigate in circumstances where an unregistered person is alleged to be representing themselves as an architect which is prohibited conduct under the legislation.

Complaints and Investigation support the ARBV’s proactive regulatory activities by identifying complaint trends and emerging issues which help to inform parallel educative initiatives. Established collaborative relationships with other regulators and stakeholders including information sharing arrangements also help to inform regulatory activities and outcomes.

Tribunal support

This function coordinates administrative support for the Architects Tribunal in relation to disciplinary proceedings.

Freedom of Information and Privacy

This function manages freedom of information (FOI) and privacy, including the assessment of FOI requests in accordance with the Freedom of Information Act 1982 and guidelines issued by the FOI Commissioner.

Communications and Engagement

This function is responsible for public relations, issues management, stakeholder relations, corporate communications (publications and external messaging) and the ARBV's digital presence.

Governance

The governance function ensures that the necessary mechanisms, frameworks, processes, policies and procedures are in place to meet the organisational, statutory and whole of government compliance and accountability requirements and facilitates the effective and efficient operation of the Board and its committees. The function supports implementation of Victorian Government policy and assists other divisions to bring into operation the various regulatory requirements.

Finance and Corporate Services

Finance

Finance ensures accurate, transparent and timely management of financial information including management of revenue from applications, registration and examination fees together with strong financial management of budgeted expenditure.

Risk Management, Auditing and Compliance

This function is responsible for establishing effective systems and controls for financial management and performance and sustainability of the ARBV, including internal control, risk management, auditing and meeting government compliance requirements.

Business Services

This function encompasses building and facilities management, sustainable procurement, information services, and office administration.

Human Resources

The human resources function includes payroll services, compliance with key governance obligations, industrial and employee relations, workforce planning, capability development, organisational culture and occupational health and safety and employee wellbeing.

Our vision

A well designed, liveable and safe built environment for Victorians.

Our mission

We will engage, educate and regulate to ensure architectural services in Victoria are delivered according to high professional standards and contribute to improved building outcomes for the benefit of the community.

Our values

The ARBV operates in accordance with the Victorian Public Sector values of:

• responsiveness
• integrity
• impartiality
• accountability
• respect
• leadership
• human rights.

The ARBV Strategic Plan 2022-26 guides our activities and how we prioritise our resources to achieve the ARBV's mission. We are committed to upholding the highest standards of integrity in the professional practice of architecture and engaging with architects, consumers and government to enhance the quality and safety of the built environment for all Victorians.

Knowledge, capability and excellence

To support architects in the delivery of professional services for the benefit of the community and advancement of the industry.

Community understanding

To build community understanding of the role of architects and the ARBV.

Trusted regulator

To demonstrate ARBVs value as a trusted regulator, supporting the delivery of a high-quality built environment.

Culture and outcomes

To drive positive outcomes for consumers by promoting a professional culture of accountability among architects.

Improving outcomes is at the heart of the ARBV’s regulatory approach and activities. This means ensuring the delivery of quality architectural services in Victoria, protecting consumers of architectural services as well as the broader community, and instilling public confidence in the regulation of the architecture sector.

Regulatory objectives

In overseeing the regulatory framework, the ARBV specifically aims to:

• promote and maintain high standards of professional conduct and practice by architects
• restrict who can represent themselves as architects
• ensure only suitably qualified entities are registered and approved to provide architectural services
• ensure compliance by architects with insurance requirements
• support architects to fulfil their professional obligations to their clients
• encourage and support voluntary compliance
• engender confidence in and respect for the profession.

The ARBV uses all its available regulatory tools to pursue these objectives.

Regulatory strategy

The Regulatory Strategy sets out the ARBV’s risk-based approach. It explains how the ARBV regulates the architecture profession in Victoria using the risks associated with non-compliance that could compromise achievement of regulatory objectives as a guide for its regulatory activities. In turn, this approach helps to ensure that the ARBV regulates in a manner that is effective, fair, efficient and consistent.

The Statement of Regulatory Approach published on the ARBV website provides an overview of the Regulatory Strategy. It enables regulated entities (architects, approved companies and partnerships) to understand the ARBV’s regulatory approach and supports them to develop a positive and effective compliance culture.

Regulatory activities

The ARBV uses its registration and approval function to ensure that only those that are eligible under the regulatory framework are authorised to provide architectural services. In addition, the ARBV undertakes proactive and reactive regulatory activity to respectively mitigate the risk of non-compliance with the regulatory framework and address that risk in cases when non-compliance occurs.

Proactive regulatory activity

The ARBV’s proactive strategic plan for FY 23/24 – FY 25/26 helps to ensure that the ARBV’s proactive regulatory activities keep pace with a rapidly changing environment.

Proactive activities include:

• developing educational materials, including fact sheets, updates and webinars, to assist architects to understand and meet their obligations and to help clients to understand their rights
• engaging with a broad range of stakeholders, including architects, clients and industry bodies, to discuss compliance issues, encourage voluntary compliance, and gain insights about areas of concern
• carrying out research and analysis to help the ARBV better understand sector-wide issues and concerns
• monitoring regulated entities, gathering intelligence from various sources about compliance risks and analysing information to detect compliance trends and issues.

Reactive regulatory activity

The ARBV undertakes reactive regulatory activity to respond to instances of actual or possible non-compliance. The ARBV’s reactive regulatory activity may include:

• education and engagement
• informal advice about compliance or warning
• referral to the Architects Tribunal where there are concerns about an architect’s fitness to practise and/or professional conduct
• suspending or cancelling registration or approval
• institution of prosecution proceedings.

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.

YEAR IN REVIEW Financial overview

In brief
The information presented in the table below provides a financial summary for the ARBV’s financial performance over a 5-year period.

* Expenses from sponsorships and awards are included in the net result for the period.

Net result

The ARBV achieved a net surplus of $127,684 (2023: $46,496). This was an increase of $81,188 compared to 2022-23 and was principally due to unexpected delays in some Tribunal inquiries leading to budgeted legal expenses falling due after the end of the financial year.

Sustaining an operating surplus is a critical financial strategy for the longer-term health of the organisation. Net assets have risen to $1.63 million (2023: $1.50 million) and underpins the organisation’s financial viability and provides capacity to address emerging issues, new opportunities and asset replacements.

Income

Total income from transactions for 2023-24 was $3.61 million, an increase of $0.74 million (2023: $2.87 million) and included an additional $0.63 million from annual registration fee income. This was primarily due to an increase in the applicable fees for registered architects, companies and partnerships for the period commencing 1 July 2023.

A breakdown of the major income sources is shown below. This highlights the ARBV’s reliance on registration fees to support the funding of services and other business activities.

Expenses

Total expenditure from transactions for 2023-24 was $3.51 million, an increase of $0.68 million from the previous year (2023: $2.82 million). A breakdown of expenditure by the ARBV is shown below.

Financial position – Balance Sheet

The ARBV’s financial position is demonstrated by net assets which increased in 2023-24 by the reported net result of $0.13 million to $1.63 million (2023: $1.50 million). Net assets at 30 June 2024 includes
$3.97 million in cash and deposits and $0.40 million in non-financial assets. Total assets of $4.63 million are partially offset pay $2.60 million in payables (includes $2.30 million in unearned income for 2024-25 registration fees) and $0.39 million other liabilities.

Capital expenditure

Capital expenditure for intangible assets (CRM software enhancements) totalled $63,301 (2023:
$44,137). In line with the ARBV policy, minor asset purchases under $5,000 are expensed in the year of purchase.

Significant changes or factors affecting performance

There were no significant changes or factors affecting the ARBV’s performance during the reporting period.

Subsequent events

As at the date of signing the annual Financial Statements there were no subsequent events requiring disclosure.

ARBV Organisation Structure as at 30 June 2024

Governance

ARBV Board

The ARBV Board is responsible for performing statutory decision-making functions and powers conferred by the Architects Act 1991 (the Act) and the Architects Regulations 2015. The ARBV Board also provides leadership, strategic guidance and policy direction in addition to overseeing implementation of policies and initiatives.

With effect from 1 February 2024, the Building Legislation Amendment Act 2023 introduced changes to governance arrangements, including changes to provisions relating to board composition. However, transitionary arrangements provide that the changes to board composition do not take effect until current board member terms expire. Section 47 of the Act, which was in force prior to the introduction of the Building Legislation Amendment Act 2023, provided for the Board to be comprised of ten members appointed on a representative basis with the Chairperson and Deputy Chairperson elected by the members.

During the year, the Board was assisted by a committee and a steering group. The Board is also responsible for constituting the independent Architects Tribunal to conduct inquiries concerning architects and their fitness to practise or professional conduct. The Act prohibits a person being concurrently a member of the ARBV Board and the Architects Tribunal.

The Board membership of the ARBV at 30 June 2024 was as follows:

• Dr Giorgio Marfella, PhD, M.Arch, RAIA (Chairperson)
  Representative of architects nominated by Councils of approved schools of architecture
• Sophie Cleland, B.Arch (Hons) (Deputy Chairperson)
  Architect nominated from panel submitted by the Australian Institute of Architects (AIA)
• Bruce Allen, B.Arch, M.Arch, M.B.A.
  Elected representative of architects
• Mark Curry, B.AppSc, BSW
  Consumer representative nominated by the Minister for Consumer Affairs (Victoria)
• Richard Drew, B.Eng (Hons), M.DesS, GradCertEng
  Representative of the Institution of Engineers, Institute of Surveyors, Institute of Quantity Surveyors and Royal Australian Planning Institute
• Stefan Preuss, Dipl. Ing Arch, MSc.Arch, GAICD
  Practising senior government architect nominated by the Office of Victorian Government Architect
• Sally Wills, Adv. Dip. Building Design (Architectural)
  Representative of professional building industry organisations

Directors whose terms expired on 30 June 2024 were as follows:

• Dr Giorgio Marfella
• Bruce Allen
• Sophie Cleland
• Mark Curry
• Richard Drew, and
• Stefan Preuss

Board members whose terms expired on 30 June 2024 are eligible to apply for re-appointment subject to meeting new board composition requirements introduced by the Building Legislation Amendment Act 2023.

CEO/Registrar
The Board appoints a Registrar to deliver the operations of the organisation in accordance with the agreed strategy. Dr Glenice Fox, SJD, LLB, BA, Grad Cert in Dispute Resolution has occupied the role of CEO/Registrar since February 2021.

Board Committees

Remuneration and Organisation Development Committee
The purpose of the Remuneration and Organisation Development Committee is to assist the Board to fulfil its obligations relating to remuneration, organisation development and human resource policy and related matters, including the management of the CEO/Registrar’s contract and performance review.

Members of the Remuneration and Organisation Development Committee during the year were Dr Giorgio Marfella (Chairperson), Sophie Cleland (Deputy Chairperson) and Stefan Preuss.

Exemption from the requirement to have an Audit and Risk Committee and Internal Audit function for 2023-24. With effect from 1 July 2023, the Assistant Treasurer granted the ARBV an exemption from the requirements under clauses 3.2.1. and 3.2.2 of the Standing Directions 2018 respectively to have an Audit and Risk Committee and Internal Audit function for the 2023-24 financial year. Each year, the ARBV is required to make an application to the Assistant Treasurer for extension of these exemptions and to demonstrate that it has adequate controls in place and that the exemptions remain appropriate.

The primary function of the Audit and Risk Committee was to assist the Board to fulfil its statutory obligations relating to the Financial Management Act 1994 (FMA) and associated Standing Directions 2018 issued by the Assistant Treasurer under Section 8 of the FMA. This function was subsumed by the Board with effect from 1 July 2023. The Board was assisted during the year by the former Independent Chair of the Audit and Risk Committee, Mr. Mark Anderson, who provided advice to the Board on audit and risk matters. Four of the eleven Board meetings held during the year focused on fulfilling its audit and risk obligations.

The following audit and risk responsibilities were subsumed by the Board:

• reviewing the effectiveness of the ARBV’s internal control environment, covering effectiveness and efficiency of operations, reliability of financial reporting and compliance with applicable laws and regulations
• reviewing the annual financial statements
• reviewing the information in the report of operations on financial management, performance and sustainability
• determining the scope of the internal audits and ensure resources are adequate and used effectively, including co-ordination with external auditors
• maintaining effective communication with external auditors, consider recommendations arising from internal audits or made by external auditors and review the implementation of actions to resolve issues raised
• overseeing the effective operation of the risk management framework.

Proactive Strategic Plan Implementation Steering Group
The steering group provided strategic guidance to the CEO/Registrar and the internal Project Team to ensure delivery of the Proactive Strategic Plan and the achievement of agreed outcomes. This included monitoring implementation of the Proactive Strategic Plan to ensure effective, on-time and on-budget delivery.

Members of the Proactive Strategic Plan Implementation Steering Group during the year were board members Dr Giorgio Marfella, Sophie Cleland, Mark Curry and Richard Drew, and relevant staff members. Dr Giorgio Marfella, Sophie Cleland and staff members Dr Glenice Fox and Shane Pearse were also members of the joint working group involved in the preparation of the Deep Dive Report into Systemic Risks in the Architecture Sector, commissioned by the ARBV and NSW ARB.

For further details on the Proactive Strategic initiatives which were delivered during the year refer to the Proactive Regulation Program report.

Board and committee meeting attendances

Number of meetings attended/eligible to attend in 2023-24.

ARBV Chairpersons and Registrars since 1923

The ARBV employed 18 staff (12.43 full time equivalent) on 30 June 2024, compared to 14 staff (10 full time equivalent) on 30 June 2023.

Employees have been correctly classified in workforce data collections. All employees, except executive officers, are covered by the ARBV Enterprise Agreement.

Notes:

• All figures reflect employment levels during the last full pay period in June of each year.
• Excluded from workforce data; employees on leave without pay or absent on secondment, graduates, external contractors/consultants and temporary staff employed by employment agencies.
• Ongoing employees includes people engaged on an open-ended contract of employment and executives engaged on a standard executive contract who were active in the last full pay period of June.
• “FTE” stands for Full Time Equivalent.
• The ARBV uses Victorian Public Sector (VPS) Salaries and Classification and Value Range Descriptors.

Public sector values & employment principles
The ARBV has embedded the employment principles as set out in section 8 of the Public Administration Act 2004 into its Human Resources Policies and Procedures Manual.
The manual’s employment policies and practices are consistent with the principles e.g., merit and equity with regard to selection processes to ensure that applicants are assessed and evaluated fairly and equitably based on key selection criteria and other accountabilities without discrimination.

Occupational Health & Safety
The goal of the ARBV’s Occupational Health and Safety (OH&S) Policy is to ensure all staff (and others) accessing the ARBV’s premises remain safe and healthy with a continued commitment to OH&S compliance, active risks and hazards assessment and control.

The ARBV’s target for 2023-2024 was for zero OH&S incidents leading to claims which was achieved. No incidents, hazards or near misses or lost time were reported during the 2023-2024 year.

The ARBV’s Workcover premium rate at the completion of 2023-2024 was 0.97%. This was below the applicable State Government Administration industry classification rate of 1.05%. ARBV’s performance rating of 0.97 was 2.51% better than the industry average.

Workforce Inclusion Policy
The ARBV strives to provide an inclusive working environment where equal opportunity and diversity are valued, and that reflects the communities we serve. The ARBV’s commitment to diversity and inclusion is reflected in our policies and practices of valuing and supporting employees regardless of their age, ethnicity, race, abilities, religion, socioeconomic status, culture, sex, sexual orientation, and gender identity.

Due to the ARBV’s size the ARBV does not have formal plans or strategies in place, for example Gender Equality Action Plan for 2022–25 or an Aboriginal Employment Plan 2020–26 or targets for gender diverse staff, as adopted by larger public sector organisations.

Local Jobs First Act 2003
The Local Jobs First Act 2003 introduced in August 2018 brings together the Victorian Industry Participation Policy (VIPP) and Major Project Skills Guarantee (MPSG) policy which were previously administered separately.

Departments and public sector bodies are required to apply the Local Job first policy in all projects valued at $3 million or more in Metropolitan Melbourne or for state-wide projects, or $1 million or more for projects in regional Victoria.

There were no procurements initiated by the ARBV in 2023-24 falling within the provisions of the Local Jobs First Policy.

Social procurement
The ARBV is a very small agency and whilst it remains conscious of its obligations under the State Government’s Social Procurement Framework, it is difficult for the entity to generate meaningful social value given:

1. the limited annual expenditure budget for goods and services, and
2. the nature of goods and services acquired over the course of the year.

Management continues to explore opportunities for social procurement, however, there was no expenditure of this nature in 2023-24.

Government advertising expenditure
There were no advertising campaigns in 2023-24 with a media spend of $100,000 or greater
(exclusive of GST).

Declarations of private interests
All ARBV Board members and the Accountable Officer have completed a declaration of private interests.

Disclosure of major contracts
The ARBV did not enter into any major contracts valued at $10 million or above during 2023-24.

Consultancy Expenditure
Details of consultancies $10,000 or greater
In 2023-24, there were 6 consultancies where the total fees payable was $10,000 or greater
(excluding GST). The total expenditure incurred during 2023-24 in relation to these consultancies was $121,329 (excl. GST).

Details of consultancies under $10,000
In 2023-24 there were two consultancies engaged during the year, where the total fees payable to the individual consultancies were less than $10,000. The total expenditure incurred during 2023-24 in relation to these consultancies was $3,220 (excl. GST).

Information and communication technology (ICT) expenditure
For the 2023‑24 reporting period, the ARBV had a total ICT expenditure of $497,251 with the details shown below.

ICT expenditure refers to the ARBV’s costs in providing business enabling ICT services within the current reporting period. It comprises Business as Usual (BAU) ICT expenditure and Non-Business as Usual (Non-BAU) ICT expenditure. Non-BAU ICT expenditure relates to extending or enhancing the ARBV’s current ICT capabilities. BAU ICT expenditure is all remaining ICT expenditure that primarily relates to ongoing activities to operate and maintain the current ICT capability.

Reviews and studies expenditure
During 2023-24, there were 8 reviews and studies undertaken with a total cost of $124,549. Details of individual reviews and studies are outlined below.

Freedom of Information Act 1982
The Freedom of Information Act 1982 (the Act) allows the public a right of access to documents held by the ARBV. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, Ministers, and other bodies subject to the Act.

An applicant has a right to apply for access to documents held by the ARBV. This comprises documents both created by the ARBV or supplied to the ARBV by an external organisation or individual. Information about the type of material produced by the ARBV is available on the ARBV’s website under its Part II Information Statement.

The Act allows the ARBV to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include but are not limited to cabinet documents; some internal working documents; law enforcement documents; documents covered by legal professional privilege, such as legal advice; personal information about other people; and information provided to the ARBV in-confidence.

From 1 September 2017, the Act has been amended to reduce the Freedom of Information (FOI) processing time for requests received from 45 to 30 days. However, when external consultation is required under subsections 29, 29A, 31, 31A. 33, 34 or 35, the processing time automatically reverts to 45 days. Processing time may also be extended by periods of 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the time frame for deciding a request.

If an applicant is not satisfied with a decision made by the ARBV, under section 49A of the Act, they have the right to seek a review by the Office of the Victorian Information Commissioner
(OVIC) within 28 days of receiving a decision letter.

Making a request
FOI requests can be lodged in writing to the ARBV via email or post. An application fee of $32.70 applies (as of 1 July 2024). Access charges may also be payable if the document pool is large, and the search for material, time consuming. Access to documents can also be obtained through a written request to the ARBV as detailed in section 17 of the Act.

When making an FOI request, applicants should ensure requests are in writing, and clearly identify what types of material/documents are being sought.

Requests for documents in the possession of the ARBV should be addressed to:

Registrar, ARBV
Level 10, 533 Little Lonsdale Street, Melbourne 3000

or registrar@arbv.vic.gov.au

FOI statistics/timeliness
During 2023-24, the ARBV received 2 FOI applications, one of which was still being finalised after 1 July 2024.

Further information
Further information regarding the operation and scope of FOI can be obtained from the Act; regulations made under the Act; and ovic.vic.gov.au. The ARBV’s Part II statement can be found on our website.

Competitive Neutrality Policy
Competitive neutrality requires government businesses to ensure where services compete, or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest. Government businesses are required to cost and price these services as if they were privately owned. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in the provision of service.

The ARBV continues to comply with the requirements on competitive neutrality reporting as required under the Competition Principles Agreement and Competition and Infrastructure Reform Agreement.

Public Interest Disclosures Act 2012
The Public Interest Disclosures Act 2012 encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act provides protection to people who make disclosures in accordance with the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

The ARBV does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct.

It is committed to ensuring transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

The ARBV will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.

Reporting procedures
You can make a public interest disclosure about the ARBV or its Board members, officers or employees by contacting the Independent Broad-based Anti-Corruption Commission (IBAC) details below.
The ARBV is not able to receive public interest disclosures.
The ARBV has established procedures for the protection of persons from detrimental action in reprisal for making a public interest disclosure about the ARBV, its Board members, officers or employees. You can access the ARBV’s procedures on its website at: www.arbv.vic.gov.au

Alternatively, disclosures may also be made directly to IBAC.
Level 1, North Tower, 459 Collins Street
Melbourne, VIC 3000
Mail: IBAC, GPO Box 24234, Melbourne
Victoria 3001
Phone: 1300 735 135
Internet: www.ibac.vic.gov.au
Email: See the website above for the secure email disclosure process, which also provides for anonymous disclosures.

Building Act 1993
The ARBV does not own or control any government buildings and consequently is exempt from notifying its compliance with the building and maintenance provisions of the Building Act 1993.

Disability Act 2006
The Disability Act 2006 reaffirms and strengthens the rights of people with a disability and recognises that this requires support across the government sector and within the community.

The ARBV has a Disability Action Plan in place. Consistent with the plan, the ARBV’s Human Resources policies e.g. Occupational Health and Safety and Equal Employment and Anti-Discrimination recognise and seek to address the rights and needs of people with disabilities.

The ARBV is committed to making reasonable adjustments for a person with a disability to ensure an inclusive and disability equitable workplace. Those adjustments include where:

• a person with a disability who applies for a job, is offered employment, or is an employee, and requires the adjustments in order to participate in the recruitment process or perform the genuine and reasonable requirements of the job
• it is necessary to ensure employees with a disability can work safely and productively flexibility in the working arrangements is required for example where the employee is the carer of a child under 18 with a disability.

The ARBV’s Service Charter provides that the ARBV will be accessible for those with disabilities and will tailor communications to accessibility needs where possible.

Web content can be difficult for users with a disability to navigate and process. The ARBV follows the accessibility standards for vic.gov.au in relation to content on the ARBV website. The ARBV also provides multiple channels of communication to assist with access to and delivery of services. These measures help to ensure people with disabilities have the same access to information and services as others in the community.

Office-based environmental impacts
The ARBV is committed to reducing its environmental footprint and promoting awareness and participation amongst its employees. The use of recycled paper together with the emphasis on electronic document management and a “paperlite” approach is reducing paper and storage. Wastepaper is binned for recycling and used printer cartridges are disposed of via Officeworks e-waste recycling.

Disclosure of Emergency Procurement
Nil reports. In 2023-2024 the ARBV did not activate any Emergency Procurement in accordance with the requirements of government policy and accompanying guidelines.

Disclosure of procurement complaints
Nil reports. Under the Governance Policy of the Victorian Government Purchasing Board
(VGPB), the ARBV must disclose any formal complaints relating to the procurement of goods and services received through its procurement complaints management system.

Additional information available on request
In compliance with the requirements of the Standing Directions 2018 of the Minister for Finance, details in respect of the items listed below, where applicable to the ARBV, have been retained and are available on request, subject to the provisions of the Freedom of Information Act 1982:

(a) details of publications produced by the ARBV about itself, and how these can be obtained
(b) details of major research undertaken by the ARBV
(c) details of major promotional, public relations and marketing activities undertaken by the ARBV to develop community awareness of the entity and its services
(d) details of changes in prices, fees, charges, rates and levies charged
(e) a statement on industrial relations within the ARBV
(f) details of all consultancies and contractors, including consultants/contractors engaged, services provided, and expenditure committed for each engagement.

The information is available on request from:
Registrar, ARBV
Level 10, 533 Little Lonsdale Street, Melbourne 3000
or registrar@arbv.vic.gov.au
Statement of availability of other information available on request

Details of the following items have been included in the ARBV’s annual report, on the pages indicated below:

(a) a list of the ARBV’s major committees, the purposes of each committee, and the extent to which the purposes have been achieved (on page 39)
(b) assessments and measures undertaken to improve the occupational health and safety of employees (on page 42).

Information that is not applicable to the ARBV
The following information is not relevant to the ARBV for the reasons set out below:

(a) declaration of shares held by senior officers (no shares have ever been issued in the ARBV)
(b) details of overseas visits undertaken (no ARBV members or senior executives took overseas work-related trips)
(c) details of any major external reviews carried out on the ARBV (no major external reviews undertaken)
(d) details of major development activities undertaken by the ARBV (no major development activities undertaken).

DataVIC Access Policy
The ARBV discloses information online and via printed publications. It also provides information services in person and/or by phone, annual report and website.

Asset Management Accountability Framework (AMAF) maturity assessment

The following sections summarise the ARBV's assessment of maturity against the requirements of the Asset Management Accountability Framework (AMAF). The AMAF is a non-prescriptive, devolved accountability model of asset management that requires compliance with 41 mandatory requirements. These requirements can be found on the DTF website. The ARBV's target maturity rating is 'competence', meaning systems and processes fully in place, consistently applied and systematically meeting the AMAF requirement.

Leadership and Accountability (requirements 1-19)
The ARBV has met its target maturity level within this category. There is no material non-compliance reported in this category.

Planning (requirements 20-23)
The ARBV has met its target maturity level in this category.

Acquisition (requirements 24 and 25)
The ARBV has met its target maturity level in this category.

Operation (requirements 26-40)
The ARBV has met its target maturity level within this category.

Disposal (requirement 41)
The ARBV has met its target maturity level in this category.

The attached financial statements for the Architects Registration Board of Victoria (ARBV) have been prepared in accordance with Direction 5.2 of the Standing Directions of the Assistant Treasurer under the Financial Management Act 1994, applicable Financial Reporting Directions, Australian Accounting Standards including Interpretations, and other mandatory professional reporting requirements.

Financial management compliance attestation statement

Financial statement