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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ARCHITECTS AMENDMENT BILL 2020
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 2A inserted
2A. Act does not affect mutual recognition
6. Section 4 amended (Constitution of Board)
7. Section 6 amended (Vacancies)
8. Section 9 amended (Register of architects)
9. Section 11 substituted
11. Restoration of registration and name on register
10. Sections 12, 13, 14, 15, 16, 17, 17A, 17B and 18 substituted
12. Application for registration
13. Determination of application
14. Annual registration fee
15. Renewal of registration
16. Insurance
17. Certificates of registration
18. Right of appeal if registration or renewal of
registration refused
11. Section 19 amended (Prohibited practices)
12. Section 20 amended (Continued use of name)
13. Part IVA inserted
PART IVA - Complaints and Disciplinary Matters
[Bill 6]-XI
20A. Person may make complaint
20B. Withdrawal and dismissal of complaint
20C. Board to notify person against whom complaint is
made
20D. Board may investigate complaint
20E. Determination of complaint
20F. Appeal against determination of complaint
14. Section 20G inserted
20G. Continuing professional development requirements
15. Section 22 amended (Power to summon witnesses)
16. Section 25A inserted
25A. Transitional provisions
17. Section 26 amended (Regulations)
18. Repeal of Act
2
ARCHITECTS AMENDMENT BILL 2020
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 August 2020
(Brought in by the Minister for Building and Construction, the
Honourable Elise Nicole Archer)
A BILL FOR
An Act to amend the Architects Act 1929
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Architects
Amendment Act 2020.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Architects Act 1929* is referred
to as the Principal Act.
_______________________________________________________________
*No. 42 of 1929
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4. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of Board:
complaint means a complaint, made
under section 20A, that has not
been withdrawn;
complainant means a person who has
made a complaint;
continuing professional development
requirement means a continuing
professional development
requirement determined by the
Board under section 20G;
(b) by inserting the following definition after
the definition of member:
professional misconduct, in relation to
a person, means -
(a) substantial or persistent
unprofessional conduct by
the person; or
(b) conduct of the person,
whether or not occurring
in connection with the
practice of architecture,
that would justify
concluding that the person
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is not a fit and proper
person to be an architect;
(c) by omitting the definition of Registrar
and substituting the following
definitions:
Registrar means the Registrar
appointed under section 7;
unprofessional conduct, in relation to
a person, means conduct by the
person, in the course of the
practice of architecture by the
person, that falls short of the
standard of competence and
diligence that a member of the
public is entitled to expect of a
reasonably competent person
engaging in the practice of
architecture.
5. Section 2A inserted
After section 2 of the Principal Act, the
following section is inserted in Part I:
2A. Act does not affect mutual recognition
Nothing in this Act derogates from the
effect of the Mutual Recognition
(Tasmania) Act 1993, the Mutual
Recognition Act 1992 of the
Commonwealth or the Trans-Tasman
Mutual Recognition Act 1997 of the
Commonwealth.
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6. Section 4 amended (Constitution of Board)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Board consists of 5 members
as follows:
(a) the President of the
Institute;
(b) 2 persons appointed by
the Governor, at least one
of whom is recommended
by the Minister as
representing the interests
of consumers;
(c) 2 practising architects
elected by the council of
the Institute in a manner
determined by the
council.
(b) by inserting in subsection (3) "or she"
after "he";
(c) by inserting in subsection (4) "or she"
after "he";
(d) by inserting in subsection (5) "or she"
after "he";
(e) by inserting in subsection (5) "or her"
after "his";
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(f) by omitting from subsection (6) "him
during his absence" and substituting "the
member during the member's absence";
(g) by inserting in subsection (6) "or she"
after "he";
(h) by omitting subsection (8) and
substituting the following subsection:
(8) A member of the Board is entitled
to be paid the remuneration and
travelling allowances fixed by the
Minister from time to time in
respect of that member.
7. Section 6 amended (Vacancies)
Section 6(1) of the Principal Act is amended as
follows:
(a) by inserting "or she" after "he";
(b) by inserting in paragraph (a) "or her"
after "his";
(c) by inserting in paragraph (b) "or her"
after "him";
(d) by inserting in paragraph (c) "or her"
after "resigns his";
(e) by inserting in paragraph (c) "or her"
after "under his".
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8. Section 9 amended (Register of architects)
Section 9 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) the class of registration and the
conditions, if any, imposed on the
registration; and
(b) by inserting the following subsections
after subsection (3):
(3A) If the registration of a person is
cancelled under this Act, the
Registrar must remove the name
of the person from the register.
(3B) The Registrar, on the application
of an architect, may, with the
approval of the Board, alter the
class of registration or the
conditions imposed on the
registration, or both, entered, in
relation to the architect, in the
register.
(3C) If the class of registration of an
architect, or the conditions of
registration of an architect, are
altered under subsection (3B), the
class or conditions are taken to be
imposed, on the day on which the
register is so altered, on the
registration of the architect.
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9. Section 11 substituted
Section 11 of the Principal Act is repealed and
the following section is substituted:
11. Restoration of registration and name on
register
(1) The Board -
(a) may register, and restore to the
register the name of, any person
whose registration has been
cancelled, if the cancellation of
the registration was in error; and
(b) if a magistrate so orders under the
Magistrates Court
(Administrative Appeals Division)
Act 2001, must register, and
restore to the register the name
of, any person whose registration
has been cancelled.
(2) The registration of a person, and the
restoration of the name of the person to a
register, under subsection (1) is to be
done -
(a) if the Board so directs, or the
magistrate so orders, without
payment of any fee; or
(b) in any other case, upon payment
of the prescribed fee.
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10. Sections 12, 13, 14, 15, 16, 17, 17A, 17B and 18
substituted
Sections 12, 13, 14, 15, 16, 17, 17A, 17B and 18
of the Principal Act are repealed and the
following sections are substituted:
12. Application for registration
(1) A person may apply to the Board for
registration as an architect.
(2) An application for registration is to be -
(a) made to the Board in a manner
approved by the Board; and
(b) supported by the evidence that
the Board requires; and
(c) accompanied by the prescribed
fee, if any.
13. Determination of application
(1) The Board, on receiving an application
made by a person under section 12, may
register, or refuse to register, the person
as an architect.
(2) The Board must register as an architect a
person who has made an application
under section 12 if the Board is satisfied
that -
(a) the person is professionally
competent under subsection (5) or
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(6) to be registered as an
architect; and
(b) the person is a fit and proper
person to be registered as an
architect; and
(c) the registration of the person is
not suspended under
section 20E(1)(g); and
(d) an order made under
section 20E(4) that is in force
does not prevent the registration
of the person at the relevant time;
and
(e) the person has the sufficient level
of professional indemnity
insurance, if any, that the person
is required by section 16(1) to
have.
(3) Despite subsection (2), the Board may
refuse to register a person as an architect
if the Board is satisfied that the
registration of the person as an architect
under a law of another State or a
Territory has been cancelled (or, in
effect, cancelled) on grounds on which
the registration of the person under this
Act could be cancelled under
section 20E.
(4) The Board must refuse to register as an
architect a person who has made an
application under section 12 if the Board
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may not register the person under
subsection (2).
(5) A person is professionally competent to
be registered as an architect if -
(a) the person -
(i) holds the architectural
qualifications that are
prescribed by the
regulations; or
(ii) has successfully
completed a course of
study that is recognised
by the Board as meeting
criteria prescribed by the
regulations for the
purposes of this
paragraph; and
(b) the person has -
(i) passed an examination or
interview, arranged or
approved by the Board, to
assess the person's
competency to practise
architecture; and
(ii) paid any fee, set by the
Board, for that
examination or interview.
(6) A person is professionally competent to
be registered as an architect if the Board
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is of the opinion that the person, by
reason of his or her ability and
competence in the field of architecture, is
a person whom it is appropriate to
register as an architect.
(7) If the Board refuses to register a person
as an architect, the Board must give
notice of the refusal in writing to the
person, setting out the reasons for the
refusal.
(8) The Board -
(a) may provide for different classes
of registration; and
(b) may impose conditions on the
registration of a person, and such
conditions may, but are not
required to, relate to the class of
registration of the person.
(9) Conditions of registration may relate to -
(a) the duration of registration; and
(b) the aspects of the practice of
architecture in which the person
may be engaged; and
(c) the extent to which an architect
must comply with any continuing
professional development
requirement; and
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s. 10
(d) any other matter that the Board
considers to be appropriate.
(10) The registration of an architect expires 3
years after the day on which the
registration of the architect is entered on
the register or such shorter period, if any,
as may be specified in a condition
imposed on the architect's registration.
14. Annual registration fee
(1) Every architect must, on or before 31
January in each year, pay to the Registrar
the prescribed registration fee in respect
of that year.
(2) If an architect fails to pay the prescribed
annual registration fee within the time
specified in subsection (1) or within such
further time as the Board in any case may
allow, the Board may, under this
subsection, cancel the registration of the
architect and remove the name of the
person from the register of architects.
(3) The Board must issue to an architect who
has paid the prescribed annual
registration fee for a year a statement
specifying that the person is registered as
an architect for the year.
15. Renewal of registration
(1) An architect may, before, or within 30
days after, the expiration of his or her
registration, apply to the Board for
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s. 10
renewal of his or her registration as an
architect.
(2) An application under subsection (1) for
renewal of registration as an architect is
to be -
(a) made to the Board in a manner
approved by the Board; and
(b) supported by the evidence that
the Board may require; and
(c) accompanied by the prescribed
fee, if any.
(3) The Board may renew, or refuse to
renew, the registration as an architect of
a person who has made an application
under subsection (1) for renewal of
registration as an architect.
(4) The Board must renew under
subsection (3) the registration of a person
as an architect if the Board is satisfied
that the architect -
(a) is, under section 13,
professionally competent to be
registered as an architect; and
(b) has complied with each of the
continuing professional
development requirements,
except if a condition of the
registration of the person does not
require compliance with such a
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s. 10
requirement or section 25A(8)
applies; and
(c) is a fit and proper person to be
registered; and
(d) has complied with all relevant
Codes of Practice; and
(e) has the sufficient level of
professional indemnity insurance,
if any, that the architect is
required by section 16(1) to have;
and
(f) satisfies any other prescribed
requirements.
(5) The Board must refuse under
subsection (3) to renew the registration
of a person as an architect if the Board
may not renew the registration of the
person under subsection (4).
(6) If the Board renews the registration of an
architect under subsection (3), the
registration is renewed from the day on
which the architect's current registration
would expire or has expired.
(7) When the Board renews the registration
of an architect under subsection (3), the
Board may alter the class of registration
or the conditions imposed on the
registration, or both.
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(8) If the Board refuses under subsection (3)
to renew the registration of a person as
an architect, the Board must give notice
of the refusal in writing to the person
setting out the reasons for the refusal.
16. Insurance
(1) The Board is not to register a person as
an architect, or renew the registration of
an architect, unless the Board is satisfied
that the person has a sufficient level of
professional indemnity insurance.
(2) Subsection (1) does not apply in relation
to a person who is to be registered, or re-
registered as an architect, in a class of
registration to which a determination
under subsection (5) relates.
(3) A person who is required under
subsection (1) to have a sufficient level
of professional indemnity insurance must
notify the Board of any significant
change in his or her professional
indemnity insurance within 7 days of that
change occurring.
(4) Without limiting the circumstances in
which the Board may be satisfied that a
person has a sufficient level of
professional indemnity insurance, a
person is taken, for the purposes of this
Act, to have a sufficient level of
professional indemnity insurance if -
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s. 10
(a) he or she is employed or engaged
by a company, firm or authority
to carry out architectural work;
and
(b) an insurance policy held by that
company, firm or authority
covers that work.
(5) The Board may determine that all
architects who are registered in a class of
registration specified in the
determination are not required to have a
sufficient level of professional indemnity
insurance.
17. Certificates of registration
(1) The Board may, on the application of an
architect and on payment of the
prescribed fee, issue a certificate of
registration in relation to the architect.
(2) A certificate of registration is to be in the
form approved by the Board.
(3) A person must, as soon as practicable
after ceasing to be an architect, return to
the Board a certificate of registration in
relation to the architect.
Penalty: Fine not exceeding 10 penalty
units.
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18. Right of appeal if registration or renewal of
registration refused
A person who has been refused
registration, or renewal of registration,
under this Act on a ground other than
that he or she has not passed the
examination referred to in
section 13(5)(b)(i), may appeal to the
Magistrates Court (Administrative
Appeals Division) under the Magistrates
Court (Administrative Appeals Division)
Act 2001 against the decision to refuse
registration, or renewal of registration.
11. Section 19 amended (Prohibited practices)
Section 19 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or she"
after "that he";
(b) by inserting in subsection (1) "or she"
after "which he";
(c) by inserting in subsection (3) "or her"
after "on by him";
(d) by inserting in subsection (3) "or her"
after "exercised by him";
(e) by inserting in subsection (3) "or her"
after "done by him";
(f) by inserting in subsection (3) "or herself"
after "himself";
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(g) by inserting in subsection (3)(c) "or she"
after "he";
(h) by inserting in subsection (3A) "or
herself" after "himself";
(i) by inserting in subsection (3A) "or she"
after "he";
(j) by omitting subsection (4) and
substituting the following subsections:
(4) A person must not contravene a
provision of this section.
Penalty: In the case of -
(a) a body corporate,
a fine not
exceeding 150
penalty units; or
(b) an individual, a
fine not exceeding
75 penalty units.
(4A) If a person is found guilty of an
offence against subsection (4)
consisting of a breach of
subsection (2), the court may
direct the Board to remove the
name of the person from the
register.
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s. 12
12. Section 20 amended (Continued use of name)
Section 20 of the Principal Act is amended by
inserting ", her" after "him".
13. Part IVA inserted
After section 20 of the Principal Act, the
following Part is inserted:
PART IVA - COMPLAINTS AND DISCIPLINARY
MATTERS
20A. Person may make complaint
(1) Any person (including the Board) may
make a complaint against an architect -
(a) in respect of the architect's
conduct as an architect; or
(b) if the person is of the opinion that
there are grounds on which an
order could be made in relation to
the architect under section 20E.
(2) A complaint (other than a complaint
made by the Board) is to be made to the
Board and is to be lodged with the
Registrar.
(3) A complaint -
(a) is to be in writing; and
(b) must identify the complainant;
and
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(c) must contain particulars of the
allegations on which it is
founded.
(4) The Board may require the complainant
to provide further particulars of a
complaint.
(5) The Board may direct the Registrar to
provide, to a person specified by the
Board or to each member of a class of
persons that is specified by the Board,
reasonable assistance in making a
complaint.
20B. Withdrawal and dismissal of complaint
(1) A complaint may be withdrawn by the
complainant at any time.
(2) The Board may dismiss a complaint if
the Board is satisfied that the complaint -
(a) is frivolous or vexatious or
otherwise lacking in merit; or
(b) is in respect of a matter that has
already been dealt with under this
Act; or
(c) is trivial in nature.
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20C. Board to notify person against whom
complaint is made
(1) As soon as practicable after a complaint
is made, the Board is to give the architect
against whom it is made written notice
of -
(a) the making of the complaint; and
(b) the nature of the complaint; and
(c) the identity of the complainant.
(2) A notice under subsection (1) must invite
the architect to make, within the period,
of not less than 7 days, that the Board
specifies in the notice, the
representations to the Board, in respect of
the complaint, that the architect thinks
fit.
(3) Notice is not required to be given under
subsection (1) if the giving of the notice
will or is likely to -
(a) prejudice the investigation of the
complaint; or
(b) place the health or safety of a
person at risk; or
(c) place the complainant or another
person at risk of intimidation or
harassment.
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20D. Board may investigate complaint
(1) The Board may conduct an investigation
of a complaint.
(2) The Board may determine the manner in
which a complaint is to be investigated
and may appoint any person to assist in
the investigation of a complaint.
(3) Without limiting the generality of
subsection (1) or (2), the Board may
conduct a hearing for the purposes of an
investigation of a complaint.
(4) In conducting an investigation of a
complaint, the Board may regulate its
own proceedings and is not bound to
observe the rules of evidence but may
inform itself of any matter in the manner
it thinks fit.
20E. Determination of complaint
(1) The Board may, after completing an
investigation of a complaint in relation to
an architect, determine the complaint by
making any one or more of the following
orders:
(a) an order dismissing the
complaint;
(b) an order administering a caution
or reprimand to the architect;
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s. 13
(c) an order requiring the architect to
complete a course of training
specified by the Board;
(d) an order adding a condition to the
registration of the architect, or
adding to, or altering, the
conditions of registration of the
architect;
(e) an order requiring the architect to
ensure the rectification of work,
carried out by the architect, that
was defective;
(f) an order requiring the architect to
pay the reasonable costs of the
Board related to carrying out the
investigation of the complaint;
(g) an order suspending the
registration of the architect for a
period not exceeding the
unexpired period of registration
or until the architect complies
with another order made under
this subsection in relation to the
architect;
(h) subject to subsection (3), an order
cancelling the registration of the
architect.
(2) Without limiting the grounds on which
an order suspending the registration of an
architect may be made under
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subsection (1)(g), the registration of an
architect may be suspended if -
(a) the registration of the person as
an architect under a law of
another State or a Territory has
been suspended or cancelled on
grounds on which the registration
of the person under this Act could
be suspended or cancelled; or
(b) the person has engaged in
professional misconduct or
unprofessional conduct; or
(c) the person has failed to comply
with any condition imposed on
his or her registration.
(3) The Board may only make an order
under subsection (1)(h) cancelling the
registration of an architect if -
(a) the grounds on which he or she
was taken to be professionally
competent to be registered as an
architect under section 13(5) no
longer exist or never existed; or
(b) the architect has failed to comply
with a summons issued to the
architect under section 22; or
(c) the architect is convicted in
Tasmania of an indictable offence
that is punishable by
imprisonment for 12 months or
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more, or is convicted elsewhere
than in Tasmania of an indictable
offence that, if committed in
Tasmania, would be an offence so
punishable; or
(d) the architect has been registered
by means of any false or
fraudulent representation or
declaration made either orally or
in writing; or
(e) the architect is a mentally
incapacitated person; or
(f) the architect has failed to comply
with a continuing professional
development requirement; or
(g) the architect does not have a
sufficient level of professional
indemnity insurance, within the
meaning of section 16, that the
architect is required to have; or
(h) the architect has engaged in
unprofessional conduct; or
(i) the architect has failed to comply
with an order made under
subsection (1).
(4) If an order is made under subsection (1)
cancelling the registration of a person,
the order must specify -
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(a) that the person must not be
registered under this Act during
any period; or
(b) the period, of not more than 5
years, in which the person must
not be registered under this Act.
(5) The Board must, after determining a
complaint under subsection (1), give
notice in writing of that determination,
any orders contained in the
determination, the findings of the Board,
and the reasons for the determination,
to -
(a) that person; and
(b) all other State, Territory and
national registration authorities;
and
(c) the Administrator, within the
meaning of the Occupational
Licensing Act 2005; and
(d) the complainant, unless the
complainant is the Board.
20F. Appeal against determination of complaint
A person who has made a complaint, or
an architect against whom a complaint is
made, may appeal to the Magistrates
Court (Administrative Appeals Division)
under the Magistrates Court
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(Administrative Appeals Division) Act
2001 against -
(a) the dismissal of the complaint
under section 20B; or
(b) the determination of the
complaint, and the making of any
order, under section 20E.
14. Section 20G inserted
Before section 21 of the Principal Act, the
following section is inserted in Part V:
20G. Continuing professional development
requirements
(1) The Board may determine the continuing
professional development requirements
for the purposes of this Act.
(2) As soon as practicable after determining
under subsection (1) the continuing
professional development requirements
for the purposes of this Act, the Board -
(a) is to provide to architects a copy
of the requirements or a notice of
the determination of the
requirements and of the electronic
address at which a copy of the
requirements may be viewed
under paragraph (b); and
(b) is to ensure that a copy of the
professional development
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requirements is available for
viewing at an electronic address
of the Board at all times while the
requirements remain in force.
(3) The Board may revoke a determination
under subsection (1).
(4) As soon as practicable after revoking
under subsection (3) a determination
under subsection (1), the Board -
(a) is to notify architects of the
revocation of the determination;
and
(b) is to ensure that notice of the
revocation of the determination is
available for viewing at an
electronic address of the Board
for not less than 12 months after
the revocation is made.
15. Section 22 amended (Power to summon witnesses)
Section 22(2) of the Principal Act is amended as
follows:
(a) by inserting "or her" after "him";
(b) by omitting "penalty of $20" and
substituting "penalty of 125 penalty
units".
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16. Section 25A inserted
After section 25 of the Principal Act, the
following section is inserted in Part V:
25A. Transitional provisions
(1) In this section -
amending Act means the Architects
Amendment Act 2020;
commencement day means the day on
which section 14 of the amending
Act commences.
(2) A person who was, immediately before
the commencement day, registered under
this Act, is to be taken, on and from that
day, to have had his or her registration
renewed under this Act on that day.
(3) If, before the commencement day, a
person had paid the annual registration
fee, referred to in section 11 as in force
before that day, for a calendar year, the
person is to be taken to have paid the
annual registration fee under section 14
for that year.
(4) A certificate of registration issued under
this Act as in force immediately before
the commencement day is to be taken to
be a certificate of registration issued
under this Act as in force after the
commencement day.
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(5) Part IVA of this Act as inserted by the
amending Act applies in relation to an
architect as if the Part, as so inserted,
applied before the commencement day.
(6) If an application for registration made
under this Act as in force before the
commencement day has not been
determined by the Board before that day,
the application is to be taken to have
been made under section 12 on the
commencement day.
(7) An order made under section 16 of this
Act as in force before the
commencement day is to be taken after
the commencement day to be an order
made under section 20E.
(8) The Board may not refuse under
section 15(5) to renew the registration of
an architect within the 2-year period after
the commencement day on the ground
that the person has not, within that
period, complied with section 15(4)(b).
(9) A complaint may be made in relation to
an activity or behaviour of an architect
whether the activity or behaviour
occurred before or after the
commencement day.
17. Section 26 amended (Regulations)
Section 26 of the Principal Act is amended by
omitting paragraph (ba).
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Architects Amendment Act 2020
Act No. of 2020
s. 18
18. Repeal of Act
This Act is repealed on the first anniversary of
the day on which the last uncommenced
provision of this Act commenced.