Victorian Numbered Acts

BUILDING AND PLANNING LEGISLATION AMENDMENT ACT 2023 (NO. 1 OF 2023) - SECT 29

After section 16 of the Architects Act 1991 insert —

        " 16A     Time for inclusion of information in the Register of Architects

    (1)     If the regulations require any details specified in section 16(2) to be included in the Register of Architects, the Board must record that information in the Register as soon as practicable after the prescribed period after the criminal sanction or disciplinary sanction is imposed.

    (2)     Information about a disciplinary sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.

    (3)     Information about a criminal sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.

    (4)     In this section—

"prescribed period" means—

        (a)     in the case of a disciplinary sanction, the later of the following to occur—

              (i)     the end of the period within which an application for review of the decision to impose a disciplinary sanction may be made to VCAT;

              (ii)     if an application for review of the decision to impose a disciplinary sanction is made to VCAT, a decision is made by VCAT affirming the decision; or

        (b)     in the case of a criminal sanction arising from a criminal proceeding, the later of the following to occur—

              (i)     the end of the period within which an appeal may be brought against the criminal sanction;

              (ii)     if an appeal is brought against the criminal sanction, a decision is made dismissing the appeal.

        16B     Architect must give information to the Board for the Register of Architects

    (1)     The Board may request in writing that an architect give to the Board information in relation to the architect that is required to be contained in the Register of Architects.

    (2)     An architect must comply with a request under subsection (1) from the Board within 5 business days after receiving the request.

Penalty:     10 penalty units.

        16C     Publication of information on Register of Architects

    (1)     The Board must publish on its website the information on the Register of Architects that is required by the regulations to be published.

    (2)     The Board may publish on its website the information on the Register of Architects that is permitted by the regulations to be published.".