ARBV is committed to improving the culture of compliance within the profession of architecture in Victoria. The purpose of this publication is to remind architects practising in Victoria of the breadth of their professional conduct obligations. These include obligations arising in the workplace and obligations that may arise outside the workplace.
This publication also reminds practising architects of the need to take positive steps to comply with their obligations, including providing education and training for staff where necessary.
ARBV’s role in regulating professional conduct of architects
One of ARBV’s functions is to regulate the professional conduct of architects in Victoria. ‘Professional conduct’ in this context encompasses a broad range of conduct of an architect.
It is not limited to the technical aspects of the profession of architecture. It includes all aspects of an architect’s behaviour in the course of their practice. It may even extend to conduct outside an architects’ workplace, to the extent that such conduct could demonstrate a lack of fitness to practice architecture or could diminish public confidence in the profession.
Recent federal court findings
In 2023, findings were made against a Victorian architectural firm in the Federal Court in proceedings brought by the Australian Competition and Consumer Commission for breaches of Australian competition law. This arose from anti-competitive conduct by that firm during a public tender for government-funded architectural work. The firm in question admitted during the proceeding that it did not have adequate structures in place to ensure compliance with competition law by those working at the firm. In addition, the firm admitted that it had not provided any formal training on competition law to those working at the firm.
Those proceedings resulted in the Federal Court making findings against the firm and a director of the firm and imposing very significant monetary penalties on both of them.
This outcome highlights the need for all architects and architectural practices, no matter their size, structure or type of practice, to:
- be aware of their legal obligations arising not only under the Architects Act 1991 (Vic.) and the Architects Regulations 2015, but also under other legislation which regulates businesses in Australia;
- ensure that there are structures in place to monitor compliance with those obligations; and
- provide training to relevant staff to ensure those obligations are complied with.
Workplace obligations that architects must know about and comply with
There are a range of laws that apply to Victorian workplaces, including architectural practices and it is incumbent on architects to be aware of and compliant with those laws.
Those laws include:
- competition laws which prohibit conduct which lessens competition;
- occupational health and safety laws which require a work environment that is safe and free from risks to health, including protection against bullying;
- equal opportunity laws which impose a positive obligation to prevent sexual harassment, discrimination and victimisation in workplaces;
- laws regarding taxation and payment of superannuation and other employment entitlements; and
- laws which prevent companies from trading whilst insolvent and which impose responsibility on individual directors where insolvent trading occurs.
Architects operating an architectural practice must make sure that they know about and understand these laws. They may need to seek legal advice or the input of workplace consultants to ensure that they are aware of all relevant requirements. They should arrange for training of staff where required and continually or regularly monitor and review workplace practices to ensure that the relevant requirements are being complied with.
ARBV cannot intervene in workplace disputes. However, it has the power to investigate where there is evidence that substantiates that an architect may have contravened a provision of the Architects Act or the Regulations. Where an architect has been found by a court or other body to have contravened a workplace or other law, this contravention may additionally constitute a ground on which a disciplinary finding can be made against the architect under the Architects Act or Regulations. Accordingly, it may be a basis on which ARBV investigates the architect’s conduct and refers that conduct to the Architects Tribunal, in addition to any other proceedings brought against the architect by other regulatory authorities.
Conduct outside the workplace
The Architects Act and Regulations impose conduct obligations on architects not only in relation to their practice of architecture and running their business, but also in some circumstances to conduct outside the workplace. Where an architect has committed a serious transgression that is unrelated to their practice or workplace, this conduct could still constitute ‘unprofessional conduct’ under the Victorian Architects Code of Professional Conduct.
The Code includes specific requirements regarding architectural practice but also contains more broad-ranging obligations, including a duty to engender confidence in and respect for the profession of architecture. Where an architect’s transgression outside the workplace is of a nature that the conduct could have the effect of diminishing confidence in and respect for the profession of architecture, then ARBV has the power to investigate that conduct and take appropriate action.
ARBV’s expectations as regulator
ARBV expects that all architects in Victoria will take positive steps to comply with all applicable laws relating to their architectural practice, arising under the Architects Act or arising from other workplace laws. It also expects that, as required by the Victorian Architects Code of Professional Conduct, architects will avoid conduct outside the workplace that could impact public confidence in the profession.
In addition to investigating conduct and referring that conduct to the Architect’s Tribunal where appropriate, ARBV intends to take proactive steps to monitor compliance more generally within Victorian architectural practices. This may occur via reviews of its own data, via surveys of the profession or those interacting with the profession or via the exchange of information with other regulators or law enforcement agencies. Architects and architectural practices should take all available steps to ensure that their practice is compliant with all obligations and that a culture of compliance is fostered within their business.
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