Making a complaint about an architect

If you are unhappy about the services provided by an architect, we recommend you first discuss your concerns or questions with the architect. Raising a complaint with the architect is often the quickest and best way to deal with a problem when it arises. It may be useful to keep a record of the discussions and to follow them up with a written description of the issues discussed and any outcomes.

Steps you could take:

• Review the client architect agreement to see what was agreed about roles and responsibilities, scope of works and dispute resolution.
• Make notes of any meetings and keep copies of any correspondence.
• Tell the architect what you would like them to do to settle the complaint within a certain timeframe.
• Keep all documentation relating to the project, including invoices, proof of payment, draft designs and correspondence.

You can submit a complaint through our online complaint’s portal. If you are unable to access the online portal, call us on 03 9417 4444 and we will assist you.

In order for us to assess your complaint, we require the following:

• Your name, address and contact details
• Name and address of the architect you are making a complaint about
• Your relationship with the architect (for example, client, contractor employee)
• The specific allegations being made against the architect
• A timeline of events, where applicable
• Any documents or other evidence required to support the complaint (for example, client architect agreement, relevant correspondence, etc).

We accept anonymous complaints, however, the complaint might not progress to investigation if we do not have sufficient information. With incomplete information, our ability to gather and test evidence relevant to the complaint may be hampered. This includes gathering evidence from the architect, the subject of the complaint, who may not be able to respond to the adverse material alleged against them if the identity of the complainant and project are not disclosed.

There are some aspects of complaints that we are unable to deal with – though we will always try to provide helpful advice. For example, we are unable to:

• Give legal advice about a contractual dispute.
• Require an architect to fix a defect or to provide copies of plans and drawings.
• Generally, investigate complaints that are more than six years old.
• Order an architect to pay compensation or damages.
• Deal with a complaint through dispute resolution.
• Become involved in disputes about a contract, payment of fees or decide whether an architect was negligent. These are legal issues and must be dealt with through the courts.
• Deal with complaints about matters that are covered by general law (for example, employment, criminal activity or copyright disputes).
• Intervene in a planning dispute.

Assessment of the complaint

When we receive a complaint, we will first assess the concerns raised to determine whether it is a matter which we can investigate. In some cases, the concerns do not fall within our legislative powers – if this happens we will let you know and suggest other ways you might address your concerns or resolve your dispute. We will assess a complaint within 4-8 weeks of receipt of the complaint, unless we require further information from the complainant.

Notifying the architect or practitioner

As required by procedural fairness, we will notify the architect of the complaint, including the complainant’s identity (if not an anonymous complainant) and invite them to provide comment to the allegations, unless there are concerns about safety or security.

Investigation

After we have assessed the complaint and have determined that we will investigate it, we may seek information and documents from relevant parties. We may request a formal interview or issue a notice under our formal information-gathering powers. Penalties may apply for non-compliance with our notice to provide information/documents.

The length of an investigation will depend on the complexity of the complaint and the allegations and the parties’ cooperation with the investigation. Complex investigations with multiple issues and multiple events may take up to 40 weeks to complete. Less complex investigation may take up to 15 weeks to complete. We may require technical advice to inform us about aspects of the complaint.

During the investigation, we will provide the complainant and the architect with updates regarding the status of the investigation.

We apply the legal principle of procedural fairness in our investigations and decision-making process. Procedural fairness involves two requirements:

1. the fair hearing rule - we will provide the relevant parties with the opportunity to be heard before we make a decision that affects them; and
2. the rule against bias – we will ensure that all ARBV determinations are impartial and free from bias.

Once all parties have provided their submissions and evidence, the ARBV will determine whether the matter should be referred to the Architects Tribunal for an inquiry. Both the complainant and the architect will receive written notification of the ARBV’s determination. The ARBV may:

• take no further action
• give the architect advice about their future conduct or practice
• refer the complaint to the Architects Tribunal for an inquiry.

Review of the ARBV Determination

Where the ARBV provides notice to a complainant that an inquiry should not be held, that complainant may apply to the Victorian Civil and Administrative Tribunal for review of the determination within 3 months after the day on which the ARBV gives notice of the determination.

If you are unhappy with the way we have handled your complaint about a practitioner, please speak to the officer handling the matter as a first step. We will listen to your feedback, and where possible, use it to improve our service. You can complain to the Victorian Ombudsman at ombudsman.vic.gov.au at any time about our handling of your complaint.

The Tribunal is independent from the ARBV and has its own functions and powers. The Tribunal will consist of three people – one practising architect, one who is not an architect and one who is a representative of consumer interests. At least one member of the Tribunal must have legal experience and knowledge.

When a complaint is referred to the Tribunal, the Tribunal, with assistance of Counsel Assisting (a solicitor) will prepare the Notice of Inquiry setting out the issues and any agreed facts. The Tribunal inquiry will be conducted with as little formality and technicality as the requirements of the Act and the proper consideration of the matter permit. The Tribunal is not bound by rules of evidence but may inform itself in any way it thinks fit. The Tribunal may call for a hearing to hear submissions.

The Tribunal may make a range of determinations, including (but not limited to) cautioning, reprimanding, suspending or cancelling an architect’s registration.

Review of the Tribunal Determination

An architect who has been the subject of a disciplinary action may apply to the Victorian Civil and Administrative Tribunal for a review of the Tribunal’s determination.