Overview
All registered architects are bound by law to comply with the professional and ethical conduct requirements of the Architects Act 2003. The Act is accessible online at the parliamentary website www.legislation.nsw.gov.au
The Regulations under the Act include the NSW Architects Code of Professional Conduct.
See "NSW Architects Code of Professional Conduct" for more details.
Under s. 39 of the Architects Act, the Board must investigate complaints about architects. It also investigates complaints against those representing themselves or others as an architect when they are ineligible to do so. It may also undertake investigations on its own behalf. The Board operates a fair, effective, and open procedure for considering and hearing complaints. Consumers may lodge complaints in writing with the Board.
For more information see "Complaints procedure and hearings"
When investigating complaints, the Board will refer to the Act and the Code in determining what constitutes proper and ethical conduct by an architect. Breaches of the Act include "unsatisfactory professional conduct" and "professional misconduct", defined under s. 32 of the Act and s. 8 of the Regulations. Representing as an architect, or representing another as an architect when ineligible to do so is also an offence, under s. 9 and 10 of the Act.
The Board may take disciplinary action against an` architect if found guilty of unsatisfactory professional conduct, or refer the person to the Administrative Decisions Tribunal for disciplinary action in the case of professional misconduct. It also imposes penalties on persons representing inaccurately as an architect.
See "Disciplinary action and penalties" for more details.
The offences of professional misconduct, unsatisfactory professional conduct and representing as an architect when ineligible to do so are defined below.
Breaches: Professional Misconduct
Professional misconduct is defined under s. 32 of the Act as "unsatisfactory professional conduct of a sufficiently serious nature to justify the suspension of an architect or cancellation of an architect's registration". Section 8 of the Regulations of the Act defines professional misconduct as "conduct that involves a substantial or consistent failure to reach reasonable standards of competence and diligence".
Unsatisfactory professional conduct
Meanings of unsatisfactory professional conduct under s. 32 of the Act include, but are not limited to:
- a failure to comply with the NSW Architects Code of Professional Conduct
- any contravention of the Architects Act or its Regulations
- any conduct which indicates the architect is not a fit and proper person to be registered
- any conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care in the practice of architecture
- any other improper or unethical conduct of the architect in the course of their practice
- any failure by a nominated architect to properly supervise the provision of architectural services
- any contravention by the architect of the conditions of their registration.
Representing as an architect
The Board also investigates complaints and monitors breaches relating to s.9 and s.10 of the Act. Breaches of these sections involve individuals or corporations representing themselves or others as an architect when they are not entitled to do so; that is, when they are not on the Register of Architects or the List of Architect Corporations and Firms.
