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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Architectural Practice
Bill 2008
A BILL FOR
An Act to provide for the registration of architects and architectural
businesses; to regulate architectural practice for the purpose of maintaining
high standards of competence and conduct by registered architects and registered
architectural businesses; to repeal the Architects Act 1939; and for
other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
Part 2—Architectural Practice Board of South
Australia
Division 1—Establishment of
Board
4 Establishment of Board
Division 2—Board's membership
5 Composition
of Board
6 Elections and casual vacancies
7 Terms and conditions of
membership
8 Presiding member
9 Vacancies or defects in appointment of
members
10 Remuneration
Division 3—Registrar and staff of
Board
11 Registrar of Board
12 Other staff of Board
Division 4—General functions and
powers
13 Functions of
Board
14 Committees
15 Delegations
Division 5—Board's procedures
16 Board's
procedures
17 Conflict of interest etc under Public Sector Management
Act
18 Powers of Board in relation to witnesses etc
19 Principles
governing hearings
20 Representation at proceedings before
Board
21 Costs
Division 6—Accounts, audit and annual
report
22 Accounts and audit
23 Annual report
Part 3—Registration and practice
Division 1—Registers
24 Register of
architects
25 Register of architectural businesses
26 Register of
removals
27 General provisions relating to registers
Division 2—Registration of
architects
28 Registration of natural persons as
architects
29 Application for registration
30 Removal from
register
31 Reinstatement on register
32 Fees and returns
Division 3—Registration of architectural
businesses
33 Registration of bodies corporate and partnerships as
architectural businesses
34 Application for registration
35 Removal from
register
36 Reinstatement on register
37 Fees and returns
Division 4—Restrictions relating to provision of
architectural services
38 Illegal holding out as
architect
39 Illegal holding out concerning limitations or
conditions
40 Use of certain titles or descriptions
prohibited
41 Exceptions for certain titles and descriptions
Part 4—Investigations and proceedings
Division
1—Preliminary
42 Interpretation
43 Cause for disciplinary
action
Division 2—Investigations
44 Powers of
inspectors
45 Offence to hinder, etc inspector
Division 3—Proceedings before
Board
46 Obligation to report unprofessional conduct of
architect
47 Inquiries by Board as to matters constituting grounds for
disciplinary action
48 Constitution of Board for purpose of
proceedings
49 Provisions as to proceedings before Board
Part 5—Appeals
50 Right of appeal to
District Court
51 Operation of order may be suspended
52 Variation or
revocation of conditions imposed by Court
Part 6—Miscellaneous
53 Variation or
revocation of conditions imposed by Board
54 Offence to contravene conditions
of registration
55 Improper directions to architect
56 Procurement of
registration by fraud
57 Statutory declarations
58 False or misleading
statement
59 Registered architects to be indemnified against
loss
60 Information relating to claim against architect to be
provided
61 Victimisation
62 Self-incrimination
63 Punishment of
conduct that constitutes an offence
64 Vicarious liability for
offences
65 Application of fines
66 Ministerial review of decisions
relating to courses
67 Confidentiality
68 Service
69 Evidentiary
provision
70 Regulations
Schedule 1—Repeal and transitional
provisions
Part 1—Repeal of Architects
Act 1939
1 Repeal of Act
Part 2—Transitional
provisions
2 Transitional provisions relating to
Board
3 Transitional provisions relating to registration
4 Transitional
provisions relating to completion of proceedings
5 Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Architectural Practice
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
Board means the Architectural Practice Board of South
Australia;
District Court means the Administrative and Disciplinary
Division of the District Court;
inspector means a person authorised by the Board to exercise
the powers of an inspector under this Act;
nominated contact address of a person means an address
nominated by the person for the purpose of service of notices and documents
under this Act;
record means—
(a) a documentary record; or
(b) a record made by an electronic, electromagnetic, photographic or
optical process; or
(c) any other kind of record;
register means a register kept under this Act;
registered architect means a person registered on the
register of architects;
registered architectural business means a body corporate, or
each of the partners in a partnership, registered on the register of
architectural businesses;
register of architects—see section 24;
register of architectural businesses—see
section 25;
Registrar means the person holding or acting in the office of
Registrar of the Board;
repealed Act means the Architects
Act 1939;
representative body means a body that is declared by the
regulations to be a representative body for the purposes of this Act;
unprofessional conduct includes—
(a) improper or unethical conduct in relation to professional practice;
and
(b) incompetence or negligence in relation to the provision of services as
an architect; and
(c) a contravention of or failure to comply with—
(i) a provision of this Act; or
(ii) a code of conduct or professional standard prepared or endorsed by
the Board under this Act; and
(d) conduct that constitutes an offence punishable by imprisonment for 1
year or more under some other Act or law.
(2) A reference in this Act to unprofessional conduct
extends to—
(a) unprofessional conduct committed before the commencement of this Act;
and
(b) unprofessional conduct committed within or outside South Australia or
the Commonwealth.
(3) A reference in this Act to engaging in conduct includes
a reference to failing or refusing to engage in conduct.
Part
2—Architectural Practice Board of South Australia
Division
1—Establishment of Board
(1) The Architectural Practice Board of South Australia is
established.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name;
and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(e) has the functions and powers assigned or conferred by or under this
Act.
(3) If a document appears to bear the common seal of the Board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Board was duly affixed to the document.
(1) The Board consists of 7 members appointed by the Governor of
whom—
(a) 3 must be registered architects chosen at an election (see
section 6); and
(b) 4 must be persons nominated by the Minister and of
these—
(i) 1 must be a lawyer; and
(ii) 1 must be a person with qualifications or experience in accounting,
business or finance; and
(iii) 1 must be a person with—
(A) qualifications or experience in urban or regional planning or building
surveying or construction; or
(B) knowledge of, or experience in, the building and construction
industry;
(iv) 1 must be a person who is not eligible for appointment under a
preceding provision of this subsection.
(2) At least 1 of the members of the Board must be a woman and 1 must be a
man.
(3) The Governor may appoint a person to be a deputy of a member and a
person so appointed may act as a member of the Board in the absence of the
member.
(4) The requirements of qualification and nomination made by this section
in relation to the appointment of a member extend to the appointment of a deputy
of that member.
6—Elections
and casual vacancies
(1) An election conducted to choose registered architects for appointment
to the Board must be conducted under the regulations in accordance with
principles of proportional representation.
(2) A person who is a registered architect at the time the voters roll is
prepared in accordance with the regulations for an election to choose registered
architects is entitled to vote at the election.
(3) If an election of a member fails for any reason, the Governor may
appoint a registered architect and the person so appointed will be taken to have
been appointed after due election under this section.
(4) If a casual vacancy occurs in the office of a member chosen at an
election, the following rules govern the appointment of a person to fill the
vacancy:
(a) if the vacancy occurs within 12 months after the member's election and
at that election a candidate or candidates were excluded, the Governor must
appoint the person who was the last excluded candidate at that
election;
(b) if that person is no longer qualified for appointment or is
unavailable or unwilling to be appointed or if the vacancy occurs later than 12
months after the member's election, the Governor may appoint a registered
architect nominated by the Minister;
(c) before nominating a registered architect for appointment the Minister
must consult the representative bodies;
(d) the person appointed holds office for the balance of the term of that
person's predecessor.
7—Terms
and conditions of membership
(1) A member of the Board will be appointed on conditions determined by
the Governor and for a term, not exceeding 3 years, specified in the instrument
of appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(2) However, a member of the Board may not hold office for consecutive
terms that exceed 9 years in total.
(3) The Governor may remove a member of the Board from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(4) The office of a member of the Board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(e) is removed from office under subsection (3).
(5) If a member of the Board is a member constituting the Board for the
purposes of any proceedings under Part 4 and the member's term of office
expires, or the member resigns, before those proceedings are completed, the
member may, for the purpose of continuing and completing those proceedings,
continue to act as a member of the Board.
The Minister must, after consultation with the Board, appoint a member who
is a registered architect (the presiding member) to preside at
meetings of the Board.
9—Vacancies or
defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
A member of the Board is entitled to remuneration, allowances and expenses
determined by the Governor.
Division
3—Registrar and staff of Board
(1) There will be a Registrar of the Board.
(2) The Registrar will be appointed by the Board on terms and conditions
determined by the Board.
(1) There will be such other staff of the Board as the Board thinks
necessary for the proper performance of its functions.
(2) An employee of the Board is not a Public Service employee.
(3) The Board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Division 4—General
functions and powers
(1) The functions of the Board are as follows:
(a) to oversee the practice of architecture by registered architects and
registered architectural businesses in the public interest;
(b) to approve, after consultation with authorities considered appropriate
by the Board, courses of education or training that provide qualifications for
registration on the register of architects;
(c) to determine, after consultation with authorities considered
appropriate by the Board, the requirements necessary for registration on the
register of architects;
(d) to establish and maintain the registers contemplated by this
Act;
(e) to prepare or endorse, subject to the approval of the Minister, codes
of conduct or professional standards for registered architects or codes of
conduct for registered architectural businesses;
(f) to prepare or endorse guidelines on continuing architectural education
for registered architects;
(g) to establish administrative processes for handling complaints received
against registered architects and registered architectural businesses (which may
include processes under which a person voluntarily enters into an
undertaking);
(h) to provide advice to the Minister as the Board considers
appropriate;
(i) to carry out other functions assigned to the Board by or under this
Act, or by the Minister.
(2) The Board must perform its functions under this Act with a view to
achieving and maintaining high professional standards both of competence and
conduct by registered architects and registered architectural
businesses.
(3) If—
(a) a code of conduct or professional standard prepared or endorsed by the
Board is approved by the Minister; or
(b) guidelines are prepared or endorsed by the Board,
the Board must—
(c) cause a copy of the code, standard or guidelines to be published in
the Gazette; and
(d) take reasonable steps to send a copy of the code, standard or
guidelines to each registered architect and each registered architectural
business to whom it applies; and
(e) ensure that a copy of the code, standard or guidelines is published on
the Internet and kept available for public inspection without charge during
normal office hours at the principal office of the Board,
(although proof of compliance with paragraphs (c), (d) and (e) is not
necessary for the purposes of any proceedings that involve an alleged
contravention of or failure to comply with a code of conduct or professional
standard).
(4) The administrative processes established by the Board for handling
complaints received against registered architects and registered architectural
businesses must be designed—
(a) to be fair to both the aggrieved person and the respondent;
and
(b) to keep both the aggrieved person and the respondent properly informed
about the steps taken by the Board in response to the complaint; and
(c) to provide, where appropriate, opportunities for the clarification of
any misapprehension or misunderstanding between the aggrieved person and the
respondent; and
(d) to keep both the aggrieved person and the respondent properly informed
about the outcome of the processes; and
(e) to take into account the needs of particular classes of persons who
may otherwise suffer disadvantage in the conduct of those processes.
(1) The Board may establish committees—
(a) to advise the Board or the Registrar on any matter; or
(b) to carry out functions on behalf of the Board.
(2) The membership of a committee will be determined by the Board and may,
but need not, consist of, or include, members of the Board.
(3) The Board will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board;
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
(1) The Board may delegate any of its functions or powers under this Act
other than—
(a) this power of delegation; and
(b) the power to hear and determine proceedings under Part 4.
(2) A delegation—
(a) may be made—
(i) to a member of the Board, the Registrar or an employee of the Board;
or
(ii) to a committee established by the Board; and
(b) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(c) is revocable at will and does not derogate from the power of the Board
to act in a matter.
(1) Subject to this Act, 4 members constitute a quorum of the
Board.
(2) A meeting of the Board (other than for the purposes of hearing and
determining proceedings under Part 4) will be chaired by the presiding member
or, in his or her absence, the members present at a meeting of the Board must
choose 1 of their number to preside at the meeting.
(3) A decision carried by a majority of the votes cast by members of the
Board at a meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, except in hearing and determining proceedings
under Part 4, the member presiding at the meeting may exercise a casting vote if
the votes are equal.
(5) A conference by telephone or other electronic means between the
members of the Board will, for the purposes of this section, be taken to be a
meeting of the Board at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members of the Board
in accordance with procedures determined by the Board; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, telegram, telex, fax, email or other written communication
setting out the terms of the resolution.
(7) However, subsections (5) and (6) do not apply in relation to the
hearing and determination of proceedings under Part 4 by the Board as
constituted for the purposes of proceedings under that Part.
(8) The Board must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Board may determine its own
procedures.
17—Conflict of
interest etc under Public Sector Management Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector Management
Act 1995 by reason only of the fact that the member has an interest in
the matter that is shared in common with registered architects or registered
architectural businesses generally or a substantial section of registered
architects or registered architectural businesses in this State.
18—Powers of Board
in relation to witnesses etc
(1) For the purposes of proceedings before the Board (including an
application for registration or reinstatement of registration), the Board
may—
(a) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the attendance before the Board of any person whom the
Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the production of relevant documents, records or
equipment and, in the case of a document or record that is not in the English
language, require the production of—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record; or
(c) inspect any documents, records or equipment produced before it, and
retain them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d) require any person to make an oath or affirmation (which may be
administered by any member of the Board) to answer truthfully questions put by
any member of the Board or any person appearing before the Board; or
(e) require any person appearing before the Board (whether summoned to
appear or not) to answer any questions put by any member of the Board or by any
person appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this
section, a member or the Registrar may, without referring the matter to the
Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to
attend, or to produce documents, records or equipment, before the Board;
or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) misbehaves before the Board, wilfully insults the Board or 1 or more
of the members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of the Board; or
(d) refuses to be sworn or to affirm, or refuses or fails to answer
truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same
protection as a witness in proceedings before the Supreme Court.
19—Principles
governing hearings
(1) In proceedings before the Board under this Act, the
Board—
(a) is not bound by the rules of evidence and may inform itself on any
matter as it thinks fit; and
(b) must act according to equity, good conscience and the substantial
merits of the case without regard to technicalities and legal forms.
(2) In proceedings before the Board under this Act, the Board must keep
the parties to the proceedings properly informed as to the progress and outcome
of the proceedings.
20—Representation
at proceedings before Board
A party to proceedings before the Board (including an applicant for
registration or reinstatement of registration) is entitled to be represented at
the hearing of those proceedings.
(1) The Board may award such costs against a party to proceedings before
it as the Board considers just and reasonable.
(2) A party who is dissatisfied with the amount of the costs awarded by
the Board may request a Master of the District Court to tax the costs and, after
taxing the costs, the Master may confirm or vary the amount of the costs awarded
by the Board.
(3) Costs awarded by the Board under this section may be recovered as a
debt.
Division
6—Accounts, audit and annual report
(1) The Board must keep proper accounting records in relation to its
financial affairs, and must have annual statements of accounts prepared in
respect of each financial year.
(2) The accounts must be audited at least once in every year by an auditor
approved by the Auditor-General and appointed by the Board.
(3) The Auditor-General may at any time audit the accounts of the
Board.
(1) The Board must, on or before 30 September in each year, deliver to the
Minister a report on the administration of this Act and the work of the Board
during the financial year ending on the preceding 30 June.
(2) The report must—
(a) include the following information in relation to the relevant
financial year:
(i) the number and nature of complaints received by the Board against
registered architects and registered architectural businesses;
(ii) the number and nature of voluntary undertakings given to the
Board;
(iii) the outcomes of proceedings before the Board under Part 4;
(iv) information prescribed by the regulations; and
(b) incorporate the audited accounts of the Board for the relevant
financial year.
(3) The Minister must, within 12 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
Part
3—Registration and practice
(1) The Registrar must keep a register of architects.
(2) The register must include, in relation to each person on the
register—
(a) the person's full name and nominated contact address; and
(b) the qualifications for registration held by the person; and
(c) particulars of any condition of registration or limitation that
affects or restricts the person's right to provide services as an architect;
and
(d) information prescribed by the regulations,
and may include other information as the Board thinks fit.
(3) If a change occurs such that particulars contained in the register of
architects in relation to a registered architect are no longer accurate or
complete, the registered architect must, within 1 month after the change, give
the Registrar notice of the change in the manner prescribed by the
regulations.
Maximum penalty: $250.
Expiation fee: $80.
25—Register
of architectural businesses
(1) The Registrar must keep a register of architectural
businesses.
(2) The register must include—
(a) in relation to each body corporate on the register—
(i) the name and registered address of the body corporate; and
(ii) the full name and nominated contact address of each member of the
governing body of the body corporate; and
(iii) information identifying each member of the governing body who is a
registered architect; and
(iv) information prescribed by the regulations; and
(b) in relation to each partnership on the register—
(i) the name under which the partnership carries on business;
and
(ii) the full name and nominated contact address of each partner;
and
(iii) information identifying each partner who is a registered architect;
and
(iv) information prescribed by the regulations,
and may include other information as the Board thinks fit.
(3) If a change occurs such that particulars contained in the register of
architectural businesses in relation to a registered architectural business are
no longer accurate or complete, the registered architectural business must,
within 1 month after the change, give the Registrar notice of the change in the
manner prescribed by the regulations.
Maximum penalty: $250.
Expiation fee: $80.
(1) The Registrar must keep a register of natural persons, bodies
corporate and partnerships that have been removed from the register of
architects or register of architectural businesses under this Act or any other
Act or law or former Act or law and that have not had their registration
reinstated.
(2) The register—
(a) must not include any person who is dead; and
(b) must not include a body corporate that has been wound up or a
partnership that has been dissolved; and
(c) must include, in relation to each natural person on the register, a
statement of—
(i) the reason for removal of the person from the register of architects;
and
(ii) the date of removal; and
(iii) if the removal was consequent on suspension—the duration of
the suspension; and
(iv) if the person has been disqualified from being registered on the
register of architects—the duration of the disqualification; and
(d) must include, in relation to each body corporate or partnership on the
register, a statement of—
(i) the reasons for removal of the body corporate or partnership from the
register of architectural businesses; and
(ii) the date of removal; and
(iii) if the removal was consequent on suspension—the duration of
the suspension; and
(iv) if the body corporate or partnership has been disqualified from being
registered on the register of architectural businesses—the duration of the
disqualification; and
(e) must have deleted from it all information relating to any natural
person who has been reinstated on the register of architects or any body
corporate or partnership that has been reinstated on the register of
architectural businesses.
27—General
provisions relating to registers
(1) The Registrar is responsible to the Board for the form and maintenance
of the registers.
(2) The Registrar must correct an entry in a register that is not, or has
ceased to be, correct.
(3) The registers must be kept available for inspection by any person
during ordinary office hours at the office of the Registrar and the registers or
extracts of the registers must be made available to the public on the
Internet.
(4) A person may, on payment of the prescribed fee, obtain a copy of any
part of a register kept under this Act.
(5) A certificate stating that a natural person, body corporate or
partnership was, or was not, registered on a particular register under this Act
at a particular date or during a particular period and purporting to be signed
by the Registrar will, in the absence of proof to the contrary, be accepted in
legal proceedings as proof of the registration, or of the fact that the person,
body or partnership was not so registered, on the date or during the period
stated in the certificate.
Division
2—Registration of architects
28—Registration of
natural persons as architects
(1) Subject to this Act, a natural person is eligible for registration on
the register of architects if the person, on application to the Board, satisfies
the Board that he or she—
(a) has qualifications approved or recognised by the Board for the
purposes of registration on the register; and
(b) has met the requirements determined by the Board to be necessary for
the purposes of registration on the register; and
(c) is, unless exempted by the Board, insured in a manner and to an extent
approved by the Board against civil liabilities that might be incurred by the
person in connection with the provision of services as a registered architect;
and
(d) is a fit and proper person to be registered on the register of
architects.
(2) If a person who applies for registration, or reinstatement of
registration, on the register of architects does not, in the opinion of the
Board, have the necessary qualifications or experience required for registration
on the register, the Board may register the person on the register under this
subsection (limited registration)—
(a) in order to enable the person—
(i) to do whatever is necessary to become eligible for full registration
under this Act; or
(ii) to teach or to undertake research or study in this State;
or
(b) if, in its opinion, it would otherwise be in the public interest to do
so.
(3) In granting a person limited registration, the Board may impose 1 or
more of the following conditions on the registration:
(a) a condition restricting the places or times at which the person may
provide services as a registered architect;
(b) a condition limiting the kind of services that the person may provide
as a registered architect;
(c) a condition limiting the period during which the registration will
have effect;
(d) a condition requiring that the person be supervised in the provision
of services as a registered architect by a particular person or by a person of a
particular class;
(e) such other conditions as the Board thinks fit.
29—Application for
registration
(1) An application for registration on the register of architects
must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the registration fee fixed under this Act.
(2) An applicant for registration must, if the Board so requires provide
the Board with specified information to enable the Board to determine the
application.
(3) The Board may require an applicant for registration as an architect to
obtain additional qualifications or experience specified by the Board before the
Board determines the application.
(4) If it appears likely to the Registrar that the Board will grant an
application for registration as an architect, the Registrar may provisionally
register the applicant (provisional registration).
(5) Provisional registration remains in force until the Board determines
the application.
(6) The registration by the Board under this Act of a person who was
provisionally registered as an architect has effect from the commencement of the
provisional registration.
(1) The Registrar must, on application by a registered architect, remove
the person from the register of architects.
(2) The Registrar must remove from the register of architects a
person—
(a) who dies; or
(b) who ceases to hold a qualification required for registration on the
register; or
(c) who ceases for any other reason to be entitled to be registered on the
register; or
(d) whose registration has been suspended or cancelled under this
Act.
(3) The Registrar may act under subsection (2) without giving prior
notice to the relevant person.
(1) A person who has been removed from the register of
architects—
(a) on application; or
(b) on account of failure to pay the annual fee or to furnish the return
required under section 32; or
(c) on account of failure to pay a fine imposed on the person by the Board
under this Act; or
(d) on account of the person ceasing to hold a qualification required for
registration or otherwise ceasing to be entitled to be registered,
may apply to the Board at any time for reinstatement on the
register.
(2) A person whose registration on the register of architects has been
suspended may apply to the Board for reinstatement on the register (but not, in
the case of an order for suspension for a specified period made in disciplinary
proceedings, until after the expiry of that period).
(3) A person who has been disqualified from being registered on the
register of architects may, subject to the terms of the order for
disqualification, apply to the Board for reinstatement on the
register.
(4) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the reinstatement fee fixed under this
Act.
(5) An applicant for reinstatement must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(6) The Board may require an applicant for reinstatement to obtain
additional qualifications or experience specified by the Board before the Board
determines the application.
(7) Subject to this section, the Board must reinstate the applicant on the
register of architects if satisfied that the applicant is eligible for
registration on the register.
(8) The Board may refuse to reinstate the applicant on the register of
architects until all complaints (if any) laid against the applicant under this
Act have been finally disposed of.
(1) Subject to this Act, a person will not be registered on the register
of architects, nor will a person's registration on that register be reinstated,
until the registration or reinstatement fee, and the annual fee, fixed under
this Act have been paid.
(2) A registered architect must, in each calendar year before the date
fixed for that purpose by the Board—
(a) pay to the Board the annual fee fixed under this Act; and
(b) furnish the Board with a return in a form approved by the Board
containing information required by the Board.
(3) The Board may, without further notice, remove from the register of
architects a person who fails to pay the annual fee or furnish the required
return by the due date.
Division
3—Registration of architectural businesses
33—Registration of
bodies corporate and partnerships as architectural
businesses
(1) A body corporate is eligible for registration on the register of
architectural businesses if, on application to the Board, the Board is satisfied
that—
(a) in the case of a body corporate with a governing body consisting of an
even number of members—at least half of the members of the governing body
are registered architects;
(b) in any other case—a majority of the members of the governing
body of the body corporate are registered architects.
(2) A partnership is eligible for registration on the register of
architectural businesses if, on application to the Board, the Board is satisfied
that—
(a) in the case of a partnership consisting of an even number of
partners—at least half of the partners are registered architects or bodies
corporate that are registered architectural businesses; or
(b) in any other case—a majority of the partners are registered
architects or bodies corporate that are registered architectural
businesses.
34—Application
for registration
(1) An application for registration on the register of architectural
businesses must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the registration fee fixed under this Act.
(2) An application for registration of a partnership must be made jointly
by all the partners in the partnership.
(1) The Registrar must, on application by a registered architectural
business, remove the body corporate or partnership from the register of
architectural businesses.
(2) The Registrar must remove from the register of architectural
businesses—
(a) a body corporate that has been wound up; or
(b) a partnership that has been dissolved; or
(c) subject to subsection (3), a body corporate or partnership that
ceases to be entitled to be registered on that register; or
(d) a body corporate or partnership whose registration has been suspended
or cancelled under this Act.
(3) If, as a result of a change in the membership of—
(a) the governing body of a body corporate; or
(b) a partnership,
the body corporate or partnership ceases to be entitled to be registered on
the register of architectural businesses, the Board may, subject to such
conditions as it thinks fit, exempt the body corporate or partnership from the
application of subsection (2)(c) for a specified period in order to enable
1 or more registered architects or registered architectural businesses to become
members of the governing body or partnership, as the case requires.
(4) The Registrar may act under subsection (2) without giving prior
notice to any person.
(1) A body corporate, or the partners in a partnership, that has been
removed from the register of architectural business under this
Act—
(a) on application; or
(b) on account of failure to pay the annual fee or to furnish the return
required under section 37; or
(c) on account of failure to pay a fine imposed on the body corporate or a
partner by the Board under this Act; or
(d) on account of the body corporate or partnership ceasing to be entitled
to be registered,
may apply to the Board at any time for reinstatement on the
register.
(2) A body corporate, or the partners in a partnership, whose registration
on the register of architectural businesses has been suspended may apply to the
Board for reinstatement of the body corporate or partnership on the register
(but not, in the case of an order for suspension for a specified period made in
disciplinary proceedings, until after the expiry of that period).
(3) A body corporate, or the partners in a partnership, that has been
disqualified from being registered on the register of architectural businesses
may, subject to the terms of the order for disqualification, apply to the Board
for reinstatement of the body corporate or partnership on the
register.
(4) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the reinstatement fee fixed under this
Act.
(5) An applicant for reinstatement must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(6) Subject to this section, the Board must, on application, reinstate a
body corporate or partnership on the register of architectural businesses if
satisfied that the body corporate or partnership is eligible for registration on
the register.
(7) The Board may refuse to reinstate the body corporate or partnership on
the register of architectural businesses until all complaints (if any) laid
against the body corporate or any partner in the partnership under this Act have
been finally disposed of.
(1) Subject to this Act, a body corporate or partnership will not be
registered on the register of architectural businesses, nor will the
registration of a body corporate or partnership be reinstated, until the
registration fee or reinstatement fee, and the annual fee, fixed under this Act
have been paid.
(2) A registered architectural business must, in each calendar year before
the date fixed for that purpose by the Board—
(a) pay to the Board the annual fee fixed under this Act; and
(b) furnish the Board with a return in a form approved by the Board
containing information required by the Board.
(3) The Board may, without further notice, remove from the register of
architectural businesses a body corporate or partnership that fails to pay the
annual fee or furnish the required return by the due date.
Division
4—Restrictions relating to provision of architectural
services
38—Illegal holding
out as architect
(1) A natural person must not hold himself or herself out as an architect
or permit another person to do so unless registered on the register of
architects.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out a natural person as an architect unless
that natural person is registered on the register of architects.
Maximum penalty: $50 000 or imprisonment for 6 months.
(3) A person must not hold out a body corporate as an architect or permit
another person to do so unless the body corporate is registered on the register
of architectural businesses.
Maximum penalty: $50 000 or imprisonment for 6 months.
(4) A person must not hold out a partnership as a partnership of
architects or firm of architects or permit another person to do so unless the
partnership is registered on the register of architectural businesses.
Maximum penalty: $50 000 or imprisonment for 6 months.
39—Illegal holding
out concerning limitations or conditions
(1) A person whose registration on the register of architects is limited
or subject to a condition under this Act must not hold himself or herself out as
having a registration that is not limited or not subject to a condition or
permit another person to do so.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another whose registration on the register
of architects is limited or subject to a condition under this Act as having a
registration that is not limited or not subject to a condition.
Maximum penalty: $50 000 or imprisonment for 6 months.
40—Use of certain
titles or descriptions prohibited
(1) A natural person who is not a registered architect must not use a
prescribed word, or its derivatives, to describe himself or herself or a service
that he or she personally provides.
Maximum penalty: $50 000.
(2) A body corporate that is not a registered architectural business must
not use a prescribed word, or its derivatives, to describe the body corporate or
a service that the body corporate provides.
Maximum penalty: $50 000.
(3) A person who is a partner in a partnership that is not a registered
architectural business must not use a prescribed word, or its derivatives, to
describe the partnership or a service that the partnership provides.
Maximum penalty: $50 000.
(4) A person must not, in the course of advertising or promoting a service
that he or she, or a partnership in which he or she is a partner, provides, use
a prescribed word, or its derivatives, to describe a person who is engaged in
the provision of the service or the partnership if the person or partnership is
not a registered architect or registered architectural business, as the case
requires.
Maximum penalty: $50 000.
(5) In this section—
prescribed word means—
(a) architect; or
(b) any other word or expression prescribed by the regulations.
41—Exceptions for
certain titles and descriptions
Nothing in this Division prohibits—
(a) an employee of a registered architect or registered architectural
business from using the title or description of "architectural assistant",
"architectural technician" or "architectural drafter"; or
(b) a person from using the title or description of "landscape architect",
"naval architect" or "computer systems architect"; or
(c) a person who holds an architectural qualification from describing
himself or herself as holding that qualification; or
(d) a person from using the word "architectural" only as indicating that
the person carries on the business of supplying goods in connection with
architecture; or
(e) a person from using a name, title or description prescribed by the
regulations in such circumstances, and subject to such restrictions, as may be
prescribed by the regulations.
Part
4—Investigations and proceedings
In this Part—
(a) a reference to a registered architect includes a
reference to a person who is not but who was, at the relevant time, a registered
architect under this Act or the repealed Act;
(b) a reference to a registered architectural business
includes a reference to—
(i) the partners in a partnership that is not but that was, at the
relevant time, a registered architectural business under this Act;
(ii) a body corporate that is not but that was, at the relevant time, a
registered architectural business under this Act or a registered architect under
the repealed Act.
43—Cause for
disciplinary action
(1) There is proper cause for disciplinary action against a person who is
a registered architect if—
(a) the person's registration was improperly obtained; or
(b) the person is guilty of unprofessional conduct; or
(c) the person is for any reason no longer a fit and proper person to be
registered on the register of architects.
(2) There is proper cause for disciplinary action against a body
corporate, or the partners in a partnership, that is a registered architectural
business if—
(a) the registration of the body corporate or partnership was improperly
obtained; or
(b) the body corporate or a partner in the partnership has contravened or
failed to comply with—
(i) a provision of this Act; or
(ii) a code of conduct prepared or endorsed by the Board.
(1) If there are reasonable grounds for suspecting—
(a) that there is proper cause for disciplinary action against a
registered architect or registered architectural business; or
(b) that a person is guilty of an offence against this Act,
an inspector may investigate the matter.
(2) For the purposes of an investigation, an inspector
may—
(a) at any reasonable time, enter and inspect premises of a registered
architect or registered architectural business or premises on which the
inspector reasonably suspects an offence against this Act has been or is being
committed; or
(b) with the authority of a warrant issued by a magistrate or in
circumstances in which the inspector reasonably believes that immediate action
is required, use reasonable force to break into or open any part of, or anything
in or on any premises referred to in paragraph (a); or
(c) while on premises entered under paragraph (a) or (b), seize and
retain anything found on the premises that the inspector reasonably believes may
afford evidence relevant to the matters under investigation; or
(d) require any person who has possession of documents or records relevant
to the matters under investigation to produce those documents or records for
inspection, including written records that reproduce in a readily understandable
form information kept by computer, microfilm or other process; or
(e) inspect any documents or records produced to the inspector and retain
them for such reasonable period as the inspector thinks fit, and make copies of
the records or documents; or
(f) require any person who is in a position to provide information
relevant to the matters under investigation to answer any question put by the
inspector in relation to those matters; or
(g) take photographs, films or video or audio recordings; or
(h) if the inspector reasonably suspects that an offence against this Act
has been or is being committed, require the suspected offender to state his or
her full name and address.
(3) An inspector must not exercise the power conferred by
subsection (2)(a) in relation to residential premises except with the
permission of the occupier of the premises or on the authority of a warrant
issued by a magistrate.
(4) A magistrate must not issue a warrant under this section unless
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
(5) The person in charge of premises at the relevant time must give an
inspector such assistance and provide such facilities as are necessary to enable
the powers conferred by this section to be exercised.
Maximum penalty: $5 000.
45—Offence to
hinder, etc inspector
A person who—
(a) hinders or obstructs an inspector in the exercise of powers conferred
by this Act; or
(b) uses abusive, threatening or insulting language to an inspector;
or
(c) refuses or fails to comply with a requirement of an inspector under
this Act; or
(d) when required by an inspector to answer a question, refuses or fails
to answer the question to the best of the person's knowledge, information and
belief; or
(e) falsely represents, by words or conduct, that he or she is an
inspector,
is guilty of an offence.
Maximum penalty: $10 000.
Division
3—Proceedings before Board
46—Obligation
to report unprofessional conduct of architect
(1) If a person who provides services through the instrumentality of a
registered architect is of the opinion that the architect has engaged in
unprofessional conduct, the person must submit a written report to the Board
setting out the person's reasons for that opinion and any other information
required by the regulations.
Maximum penalty: $10 000.
(2) The Board must cause a report made under this section to be
investigated.
47—Inquiries by
Board as to matters constituting grounds for disciplinary
action
(1) A complaint setting out matters that are alleged to constitute grounds
for disciplinary action against a person (the respondent) may be
laid before the Board (in a manner and form approved by the Board)
by—
(a) the Registrar; or
(b) the Minister; or
(c) a representative body; or
(d) a person who is aggrieved by conduct of the person or, if the person
aggrieved is suffering from a mental or physical incapacity, by a person acting
on his or her behalf.
(2) If a complaint is laid under this section, the Board must inquire into
the subject matter of the complaint unless the Board considers that the
complaint is frivolous or vexatious.
(3) If a complaint is laid under this section against a partner in a
partnership that is a registered architectural business, the Board must give
notice of the complaint to each other partner in the partnership.
(4) If a complaint has been laid under this section by or on behalf of an
aggrieved person and the Board is satisfied that the complaint arose from a
misapprehension on the part of the complainant or from a misunderstanding
between the parties, it may, before proceeding further with the hearing of the
complaint, require the parties to attend before the Registrar in order to
clarify the misapprehension or misunderstanding.
(5) If, after conducting an inquiry under this section, the Board is
satisfied on the balance of probabilities that there is proper cause for
disciplinary action against the respondent, the Board may, by order, do 1 or
more of the following:
(a) censure the respondent;
(b) require the respondent to pay to the Board a fine not exceeding
$10 000;
(c) if the respondent is a registered architect—
(i) impose conditions on the respondent's registration restricting the
respondent's right to provide services as an architect;
(ii) suspend the respondent's registration for a period not exceeding
1 year;
(iii) cancel the respondent's registration;
(iv) disqualify the respondent from being registered;
(d) if the respondent is a body corporate, or a partner in a partnership,
that is a registered architectural business—
(i) suspend the registration of the body corporate or partnership for a
period not exceeding 1 year;
(ii) cancel the registration of the body corporate or
partnership;
(iii) disqualify the body corporate or partnership from being
registered.
(6) The Board may stipulate that a disqualification under
subsection (5) is to apply—
(a) permanently; or
(b) for a specified period; or
(c) until the fulfilment of specified conditions; or
(d) until further order.
(7) If—
(a) a person has been found guilty of an offence; and
(b) the circumstances of the offence form, in whole or in part, the
subject matter of the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.
(8) The Board may—
(a) fix a period within which a fine imposed under this section must be
paid;
(b) on application by a person liable to pay a fine imposed under this
section, extend the period within which the fine must be paid.
(9) A fine imposed under this section is recoverable by the Board as a
debt.
(10) The Board may, without further notice, remove from the register of
architects a person who fails to pay a fine imposed under this
section.
(11) The Board may, without further notice, remove a body corporate or
partnership from the register of architectural businesses if the body corporate
or a partner in the partnership fails to pay a fine imposed under this
section.
48—Constitution of
Board for purpose of proceedings
(1) The Board will, for the purpose of hearing and determining proceedings
under this Part, be constituted of 3 members of the Board, of
whom—
(a) 1 will be the member (or his or her deputy) who is a lawyer;
and
(b) 1 will be a member who is a registered architect.
(2) The member referred to in subsection (1)(a) will preside over the
proceedings.
(3) The members of the Board, other than the lawyer, will, for the
purposes of any particular proceedings, be selected by the presiding member of
the Board.
(4) If a member of the Board as constituted under this section (other than
the member presiding over the proceedings) dies or is for any other reason
unable to continue with the proceedings, the Board constituted of the remaining
members may, if the member presiding over the proceedings so determines,
continue and complete the proceedings.
(5) Any questions of law or procedure arising before the Board will be
determined by the member presiding over the proceedings and any other questions
by unanimous or majority decision of the members.
(6) The Board constituted of the member presiding over the proceedings
may, sitting alone—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) enter consent orders,
and may, for that purpose or as a consequence, while sitting alone, make
any determination or order (including a final order) that the member considers
appropriate.
49—Provisions as
to proceedings before Board
(1) The Board must give at least 14 days' written notice of the time and
place at which it intends to conduct proceedings under this Part
to—
(a) each of the parties to the proceedings; and
(b) if the respondent is a partner in a partnership that is a registered
architectural business—each other partner in the partnership.
(2) However—
(a) the Board may, if it thinks special reasons exist for doing so, give a
lesser period of written notice under subsection (1); and
(b) the requirement to give written notice under subsection (1) does
not extend to adjournments.
(3) The Board must afford to the parties a reasonable opportunity to call
and give evidence, to examine or cross-examine witnesses, and to make
submissions to the Board.
(4) Each partner in a partnership to whom notice is given under
subsection (1)(b) is entitled to appear and be heard in the
proceedings.
(5) If a party to whom notice has been given under this section does not
attend at the time and place fixed by the notice, the Board may proceed to hear
and determine the matter in the absence of that party.
(6) A person who is aggrieved by the conduct of a person that is the
subject-matter of proceedings before the Board under this Part is, subject to
any direction of the Board to the contrary, entitled to be present at the
hearing of the proceedings.
(7) In the course of proceedings before the Board under this Part, the
Board may—
(a) receive in evidence a transcript of evidence taken in proceedings
before a court, tribunal or other body constituted under the law of South
Australia or of any other State or Territory of Australia or of another country,
and draw any conclusions of fact from the evidence that it considers
proper;
(b) adopt, as in its discretion it considers proper, any findings,
decision, judgment, or reasons for judgment, of any such court, tribunal or body
that may be relevant to the proceedings.
(8) The Board should conduct proceedings under this Part as expeditiously
as possible.
50—Right of appeal
to District Court
(1) An appeal lies to the District Court against—
(a) a refusal by the Board to register, or reinstate the registration of,
a person on the register of architects; or
(b) a refusal by the Board to register a body corporate or partnership on
the register of architectural businesses; or
(c) the imposition by the Board of conditions on a person's registration
on the register of architects; or
(d) a decision made by the Board in proceedings under Part 4.
(2) An appeal under subsection (1)(d) against a decision may be
instituted by the complainant or the respondent in the proceedings in which the
decision was made.
(3) An appeal must be instituted within 1 month of the date of the
decision appealed against.
51—Operation of
order may be suspended
(1) If an order has been made by the Board, and the Board or the District
Court is satisfied that an appeal against the order has been instituted, or is
intended, it may suspend the operation of the order until the determination of
the appeal.
(2) If the Board has suspended the operation of an order under
subsection (1), the Board may terminate the suspension, and if the District
Court has done so, the Court may terminate the suspension.
52—Variation or
revocation of conditions imposed by Court
(1) The District Court may, at any time, on application by a registered
architect, vary or revoke a condition imposed by the Court in relation to the
person's registration under this Act.
(2) The Board, the Minister and representative bodies are entitled to
appear and be heard on an application under this section.
53—Variation or
revocation of conditions imposed by Board
(1) The Board may, at any time, on application by a registered architect,
vary or revoke a condition imposed by the Board in relation to the person's
registration under this Act.
(2) The Registrar, the Minister and representative bodies are entitled to
appear and be heard on an application under this section that relates to
conditions imposed by the Board under Part 4.
54—Offence to
contravene conditions of registration
A person who contravenes, or fails to comply with, a condition imposed
under this Act on the person's registration on the register of architects is
guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
55—Improper
directions to architect
If a person who provides services through the instrumentality of a
registered architect directs or pressures the architect to engage in
unprofessional conduct, the person is guilty of an offence.
Maximum penalty: $75 000.
56—Procurement of
registration by fraud
A person who, by fraud or any other dishonest means, procures registration
or reinstatement of registration under this Act (whether for himself or herself
or for another person or for a partnership) is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 6 months.
If a person is required under this Act to furnish information to the Board,
the Board may require that the information be verified by statutory declaration
and, in that event, the person will not be taken to have furnished the
information as required unless it has been verified in accordance with the
requirements of the Board.
58—False or
misleading statement
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Act.
Maximum penalty: $20 000.
59—Registered
architects to be indemnified against loss
(1) A registered architect must not, unless exempted by the Board, provide
services as a registered architect unless insured or indemnified in a manner and
to an extent approved by the Board against civil liabilities that might be
incurred by the person in connection with the provision of services by the
person as a registered architect.
Maximum penalty: $10 000.
(2) The Board may, subject to such conditions as it thinks fit, exempt a
person, or a class of persons, from the requirements of this section and may,
whenever it thinks fit, revoke an exemption or revoke or vary the conditions
under which an exemption operates.
60—Information
relating to claim against architect to be provided
If a person has claimed damages or other compensation from a registered
architect or other person for alleged negligence committed by the registered
architect in connection with the provision of services as a registered
architect, the person against whom the claim is made must—
(a) within 30 days after the claim is made; and
(b) within 30 days after any order is made by a court to pay damages or
other compensation in respect of that claim or any agreement has been entered
into for payment of a sum of money in settlement of that claim (whether with or
without a denial of liability),
provide the Board with prescribed information relating to the
claim.
Maximum penalty: $10 000.
(1) A person commits an act of victimisation against another person (the
victim) if he or she causes detriment to the victim on the ground,
or substantially on the ground, that the victim—
(a) has disclosed or intends to disclose information; or
(b) has made or intends to make an allegation,
that has given rise, or could give rise, to proceedings against the person
under this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal Opportunity
Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a complaint
under that Act, he or she cannot subsequently commence proceedings in a court
seeking a remedy in tort.
(3) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
If a person is required to provide information or to produce a document,
record or equipment under this Act and the information, document, record or
equipment would tend to incriminate the person or make the person liable to a
penalty, the person must nevertheless provide the information or produce the
document, record or equipment, but the information, document, record or
equipment so provided or produced will not be admissible in evidence against the
person in proceedings for an offence, other than an offence against this or any
other Act relating to the provision of false or misleading
information.
63—Punishment of
conduct that constitutes an offence
If conduct constitutes an offence and is also a ground for disciplinary
action under this Act, the taking of disciplinary action under this Act is not a
bar to conviction and punishment for the offence, nor is conviction and
punishment for the offence a bar to disciplinary action under this
Act.
64—Vicarious
liability for offences
If a body corporate is guilty of an offence against this Act, each person
who is a member of the governing body of the body corporate is guilty of an
offence and liable to the same penalty as is prescribed for the principal
offence unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the commission of the principal
offence.
A fine imposed for an offence against this Act must be paid to the
Board.
66—Ministerial
review of decisions relating to courses
(1) If the Board—
(a) refuses to approve a course of education or training for the purposes
of this Act; or
(b) revokes an approval of a course of education or training under this
Act,
the provider of the course may apply to the Minister for a review of that
decision.
(2) The Minister may determine the application as the Minister thinks fit
and, if the Minister finds in favour of the applicant, grant or preserve the
approval (as appropriate).
(1) A person engaged or formerly engaged in the administration of this Act
or the repealed Act must not divulge or communicate personal information
obtained (whether by that person or otherwise) in the course of official duties
except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act or the repealed Act;
or
(d) to an authority responsible under the law of a place outside this
State for the registration or licensing of architects, where the information is
required for the proper administration of that law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2) Subsection (1) does not prevent disclosure of statistical or other
data that could not reasonably be expected to lead to the identification of any
person to whom it relates.
(3) Information that has been disclosed under subsection (1) for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(1) A notice or document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known nominated contact, residential, business or (in the case of a corporation)
registered address; or
(c) be left for the person at the person's last known nominated contact,
residential, business or (in the case of a corporation) registered address with
someone apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of subsection (1), a notice or other
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may, if the person is a company or registered body
within the meaning of the Corporations Act 2001 of the Commonwealth, be
served on the person in accordance with that Act.
(1) In proceedings for an offence against this Act or in disciplinary
proceedings under Part 4, an allegation in the complaint—
(a) that a person named in the complaint is or is not, or was or was not,
on a specified date, registered on the register of architects;
(b) that the registration of a person named in the complaint is, or was on
a specified date, subject to specified conditions;
(c) that a body corporate or partnership named in the complaint is or is
not, or was or was not, on a specified date, registered on the register of
architectural businesses;
(d) that a person named in the complaint is, or was on a specified date,
an inspector,
must be accepted as proved in the absence of proof to the
contrary.
(2) In legal proceedings, a document apparently certified by the Registrar
to be a copy of a register under this Act, or a copy of a code of conduct or
professional standard prepared or endorsed by the Board must be accepted as such
in the absence of proof to the contrary.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) prescribe, or empower the Board to fix—
(i) fees or charges for the purposes of this Act;
(ii) fees or charges for services provided by the Board in the exercise of
functions under this Act,
and may provide for the recovery of a fee or charge so
prescribed;
(b) exempt any person or class of persons from the obligation to pay a fee
or charge so prescribed;
(c) regulate, or otherwise make provision with respect to, the education
of architects for the purposes of this Act, including by making provision with
respect to the approval of courses that may lead to registration;
(d) make any provision with respect to the keeping of a
register;
(e) prescribe penalties, not exceeding $5 000, for breach of, or
non-compliance, with a regulation.
(3) The regulations may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed person or body, either as in force at the time the regulations are
made or as in force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(e) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed authority.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Repeal
and transitional provisions
Part 1—Repeal of Architects
Act 1939
The Architects Act 1939 is repealed.
Part 2—Transitional provisions
2—Transitional
provisions relating to Board
(1) The Architectural Practice Board of South Australia is the same body
corporate as the Architects Board of South Australia established under the
repealed Act.
(2) On the commencement of this subclause all members of the Board then in
office vacate their respective offices so that fresh appointments may be made to
the Board under this Act.
(3) For the purposes of section 7(2), the consecutive terms of a
member of the Architects Board of South Australia served immediately before the
commencement of this clause are not to be taken into account.
(4) If appointments are to be made to the Board pursuant to the Acts
Interpretation Act 1915 prior to the commencement, and for the
purposes, of section 5—
(a) a reference in that section to a registered architect
will, for those purposes, be taken to be a reference to a natural person who is
a registered architect under the repealed Act at the relevant time;
and
(b) despite section 14C(3) of the Acts Interpretation
Act 1915, such an appointment takes effect on the commencement of
section 5 and not before.
3—Transitional
provisions relating to registration
(1) The register of architects maintained under the repealed Act continues
in existence as the register of architects under this Act.
(2) A natural person whose name is in the register of architects
immediately following the commencement of this clause will be taken to be
registered under this Act on the register of architects and any restrictions,
limitations or conditions that applied to the registration of the person under
the repealed Act immediately before that commencement will be taken to continue
to apply to the registration of the person under this Act as if they had been
imposed by the Board under this Act.
(3) A body corporate registered on the register of architects under the
repealed Act immediately before the commencement of this clause will, on that
commencement, be taken to be registered under this Act on the register of
architectural businesses.
(4) If a person who was removed from the register of architects under the
repealed Act for any reason and who had not, before the commencement of this
Act, been reinstated on that register, applies for registration under this Act,
the Board may deal with the application as though it were an application for
reinstatement on the register of architects, or in the case of a body corporate,
the register of architectural businesses, under this Act.
(5) A partnership of architects registered under the repealed Act in
existence immediately before the commencement of this clause will, until 3
months after that commencement, be regarded as if it were a registered
architectural business and, if within that period of 3 months, the partners make
an application for registration of the partnership on the register of
architectural businesses, despite section 34, no registration fee is
payable in respect of the application.
4—Transitional
provisions relating to completion of proceedings
(1) Disciplinary and other proceedings (including an application for
registration or reinstatement of registration) commenced but not determined
under the repealed Act before the commencement of this clause are to be
determined as if they had been commenced under this Act.
(2) Despite clause 2(2), the Board may, in relation to particular
proceedings commenced but not determined under the repealed Act before the
commencement of this clause, continue and complete the proceedings as
constituted for the purposes of those proceedings under the repealed
Act.
The regulations may make other provisions of a savings or transitional
nature consequent on the enactment of this Act.