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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Thursday, 4 March 2004) . . Page.. 714 ..

recognition act and the Trans-Tasman Mutual Recognition Act provide for information sharing in this respect where requested. The bill adds to the effectiveness of these provisions by ensuring the timeliness in providing the advice.

There is a range of offence provisions in the bill to support the integrity of the architects registration system. An individual who is not an architect will not be able to represent themselves to be an architect or allow themselves to be represented as an architect. Individuals will not be able to advertise using the term “architect” or “architectural services” unless they are registered.

A comparable offence is included for firms. They must not represent their corporation or partnerships to be an architect or be represented as an architect unless they have at least one nominated architect who is responsible for the provision of architectural services by the corporation or partnership. The name of each nominated architect or architects must be prominently displayed at each place of business, corporation or firm so as to be clearly visible to a person from outside or immediately on entering the place of business.

There are certain circumstances where use of the words “architect” and “architectural services” would not be a breach of the offence provisions, such as those who advertise as landscape architects, naval architects or golf course architects. These are titles of professions that, while including the word “architect”, are used in contexts clearly unrelated to the issues covered by this bill. Examples of other allowed terms are an employee of a registered architect using the title or description “architectural assistant”, “architectural technician” or “architectural drafter”.

A person who holds an architectural qualification will still be able to describe himself or herself as holding that qualification but must be registered in order to advertise as an architect providing architectural services. When a person advertises to provide architectural services, the advertisement must include the name, contact details and registration number of the architect responsible for carrying out the services. Where a firm advertises to provide architectural services, it must include the name and registration of the nominee or principal nominee.

Registered architects will be required to disclose to their clients what professional indemnity insurance they hold that is relevant to their provision of architectural services. In today’s insurance environment this is a more practical alternative to requiring mandatory professional indemnity insurance. This bill benefits both consumers and the profession of architect. The transparency of the complaints and discipline process, including appeal rights, will provide greater accountability in the administration of the registration scheme.

One of the most significant improvements regarding consumer protection is the provision for a code of conduct. The code would relate to the professional standards and client service required of registered architects, and failure to operate in accordance with an approved code could be grounds for disciplinary action.

The Architects Bill is, of course, only one element of the government’s program for reforming our legislation covering building and construction professions. The construction occupations legislation, also before the Assembly, is another one. The two reforms complement each other. While recognising the major differences between the

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