Foreword

This report is the product of a research project undertaken jointly by the ARBV and NSW ARB to identify current and future systemic compliance issues and associated risks affecting regulation of the architecture profession in Australia.

The project was initiated in light of a range of recent developments affecting the profession, including:

• high-profile cases here and abroad alleging negligence of architects
• reviews of the Australian construction sector that have raised questions about the role of architects in sectoral outcomes
• various emerging disruptive forces that may have an impact upon the provision of architectural services by architects.

The primary purpose of the project is to assist the ARBV and NSW ARB to target proactive regulatory activity so that systemic risks can be mitigated. This type of regulatory activity is designed to pre-empt and prevent regulatory non-compliance by architects and, in turn, avoid harm to clients and end-users of architectural services.

The findings highlight the need for a collaborative and coherent approach across the sector to manage and, ideally, avert the materialisation of systemic risks. The report identifies the role that various other stakeholders can also play to address risk, including:

• architects
• industry bodies
• providers of education and training to architects
• government.

A key message emerging from the report is the critical importance of regulation in delivering positive outcomes for the sector.

Compliance by architects with professional standards and their broader regulatory obligations will help architects to thrive notwithstanding the challenges that current market conditions create and, in turn, will ensure that the interests of clients and end-users are protected.

As regulators of the profession in Victoria and NSW respectively, the ARBV and NSW ARB remain committed to supporting architects in complying with the regulatory framework.

The findings of this project intersect with a broad spectrum of issues that concern the current state and future of architecture as a profession in Australia. While some of the risks identified may come as no surprise, this report provides an unprecedented perspective on the implications of such risks for the 2 largest regulators of the profession in Australia.

The intent of this project’s findings is to foster progress in existing discussions and provide the basis for further research and joint initiatives among regulators and other stakeholders, including professional bodies and academia.

The outcome of this project is the result of a collaboration steered by a joint working group from the ARBV and NSW ARB. We are thankful to Dariel De Sousa of Dart Legal & Consulting and acknowledge her contribution to the research, preparation of the report, and patient coordination and consolidation of inputs from the working group.

We are also thankful to the Registrars, Dr Glenice Fox (ARBV) and Dr Kirsten Orr (NSW ARB), for their coordinated effort that brought this project to life.

We finally wish to thank all members of the working group and the Board members of the ARBV and NSW ARB for supporting the establishment and funding of the research.