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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Thursday, 4 March 2004) . . Page.. 713 ..

Where there is more than one approved nominee, the firm must nominate to the board in writing a primary nominee. The firm must ensure that any written business correspondence bearing the name of the firm includes the name of the nominee responsible for the provision of the architectural services and their registration number. The name of the nominee or primary nominee must also be displayed prominently at each place of business of the firm.

One of the key improvements required of the existing legislative arrangements is the provision of a complaints process. This is also required to comply with the harmonisation framework. Any person may make a complaint to the board against an architect in respect of the architect’s conduct as an architect. The complaints process provides an accountable system for investigating the complaint and requires the board to advise the complainant of the outcome of the complaint, unless the complaint is withdrawn.

The harmonisation framework requires the inclusion of specific provisions for more transparent disciplinary proceedings, including appeal rights. The board will be able to instigate disciplinary action where a disciplinary ground exists, including as a result of investigating a complaint. The disciplinary grounds include an architect failing to comply with a provision of the act, failing to comply with a condition on his or her registration and breaching a code of professional conduct adopted under the act.

There will be circumstances where the board, having investigated a complaint and forming the opinion that a disciplinary ground may exist, may need to undertake further investigation and seek further information before making a decision on the appropriate course of action. The bill provides for an inquiry process to assist in making well-informed decisions in relation to disciplinary action.

If the disciplinary ground is proven, the board has a range of actions available, including placing conditions on the registration, requiring the architects to complete a stated course of study, suspending or cancelling the registration and imposing a financial penalty of not more than $1,000. Any decision to take disciplinary action is of course appealable to the Administrative Appeals Tribunal.

Notification of a decision to take disciplinary action is considered necessary to ensure that consumers have relevant information available when making a decision on the possible engagement of an architect to provide architectural services. This is particularly so if conditions have been placed on a registration. If the board takes disciplinary action against an architect, the board must notify the public of the disciplinary action taken, including the name and other identifying particulars, a short description of the disciplinary grounds and the details of the disciplinary action taken.

The bill contains provisions to ensure that the registered architect is given the opportunity to appeal a decision before the disciplinary action is notified, which is important where it may be found through independent review that the decision should be changed. Notifying neighbouring jurisdictions of disciplinary action is important for jurisdictions co-operating to ensure that their respective registration systems are up to date. It is also important when a disciplinary action in one jurisdiction may be grounds for refusing, or placing conditions on, a registration in another jurisdiction. The mutual

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