ARBV concerned by allegations of anti-competitive behaviour

The Architects Registration Board of Victoria (ARBV) is aware of the civil proceedings filed by the Australian Competition and Consumer Commission (ACCC) against Ashton Raggatt McDougall (ARM Architecture) and its former managing director, Anthony John Allen in the Victorian Registry of the Federal Court of Australia on 30 September 2022.

As the regulator of the architecture profession in Victoria, the ARBV is concerned by the allegations of anti-competitive behaviour and supports the ACCC's enforcement of anti-cartel laws.

The ARBV will be following the ACCC proceedings closely and the outcome reached by the Federal Court. In addition, the ARBV will gather information to assess whether there has been any non-compliance by architects involved in this matter.

If an architect is found to have breached the Competition and Consumer Act 2010, they could be in breach of the Victorian Architects Code of Professional Conduct, which requires an architect to:

• comply with all applicable laws in providing architectural services (Clause 1)
• endeavour to engender confidence in and respect of the profession of architecture (Clause 17)
• endeavour to maintain the standards and integrity of the profession of architecture (Clause 18)

We strongly encourage all architects to regularly review their compliance obligations as outlined in the Architects Act 1991 and the Architects Regulation 2015 (which incorporates the Victorian Architects Code of Professional Conduct). Architects should also be aware of their other legal obligations, such as those under competition and procurement laws.