Architects (Amendment) Regulations 2005

i Architects (Amendment) Regulations 2005 S.R. No. 53/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Objectives 2 6. Disclosure of name of architects 2 7. New heading for regulation 15 substituted 3 8. References to partnerships and companies 3 9. Notification of vacancies 3 10. Fees 3 11. Application for registration or approval 4 12. New regulation 42A inserted 4 42A. Classes of registration 4 13. New regulation 45 substituted 5 45. Prescribed course of study 5 14. Revocation of various redundant provisions 5 15. Contents of the register 5 16. Notification of changed information 5 17. New Part 7 inserted 6 PART 7—TRANSITIONAL 6 53. Transitional 6 18. Application forms 6 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2005 S.R. No. 53/2005 Architects Act 1991 Architects (Amendment) Regulations 2005 The Lieutenant-Governor as the Governors Deputy with the advice of the Executive Council approves the making of the following Regulations by the Architects Registration Board of Victoria: Dated: 31 May 2005 Responsible Minister: ROB HULLS Minister for Planning RUTH LEACH Acting Clerk of the Executive Council The Architects Registration Board of Victoria makes the following Regulations: Dated: 7 June 2005 ANDREW HUTSON, Chairperson JENIFER NICHOLLS, Member P. WATSON, Member R. A. FRITH, Member JANET KAYLOCK, Member 1. Objective The objective of these Regulations is to amend the Architects Regulations 2004— (a) to be consistent with recent amendments to the Architects Act 1991; and -- 2 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 2 (b) to prescribe a new course of study for registration as an architect. 2. Authorising provision These Regulations are made under section 69 of the Architects Act 1991. 3. Commencement These Regulations come into operation on 14 June 2005. 4. Principal Regulations In these Regulations, the Architects Regulations 2004 1 are called the Principal Regulations. 5. Objectives In regulation 1(d) of the Principal Regulations, omit "architectural". 6. Disclosure of name of architects (1) In regulation 13(1) of the Principal Regulations, for "the letterhead of" substitute "any written communication from". (2) For regulations 13(2) and 13(3) of the Principal Regulations substitute— "(2) An architect who is a member of an approved partnership must ensure that any written communication from the partnership discloses the names of the members of the partnership who are architects and states that those members are architects. (3) An architect who is a director of an approved company must ensure that any written communication from the company discloses the names of all directors of the company who are architects and states that those directors are architects.". r. 2 -- 3 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 3 7. New heading for regulation 15 substituted For the heading to regulation 15 of the Principal Regulations substitute— "Conduct of partnerships and companies". 8. References to partnerships and companies (1) In regulation 15 of the Principal Regulations— (a) for "architectural partnership" (wherever occurring) substitute "approved partnership"; and (b) for "architectural company" (wherever occurring) substitute "approved company". (2) In regulations 16(b) and 17(1) of the Principal Regulations, for "architectural" (wherever occurring) substitute "approved". 9. Notification of vacancies (1) In regulation 18(1) of the Principal Regulations, after "47(2)(a)," insert "(ca),". (2) For regulation 18(1)(d) of the Principal Regulations substitute— "(d) the President of the Royal Australian Institute of Architects (Victorian Chapter); and (e) the members of the Council appointed under section 47(2)(ca) of the Act.". 10. Fees (1) In regulation 41(1) of the Principal Regulations, for "retired architect" substitute "retired or non-practising architect". (2) In regulation 41(2) of the Principal Regulations, for "9(2)(b)" substitute "9(2)(d)". r. 7 -- 4 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 4 (3) In regulation 41(3) of the Principal Regulations, for "architectural partnership or an architectural company" substitute "approved partnership or approved company". (4) For regulations 41(4) and 41(5) of the Principal Regulations substitute— "(4) For the purpose of section 15(1) of the Act, the annual prescribed fee is— (a) for a retired or non-practising architect, $30; and (b) for any other architect, approved partnership or approved company, $150. (5) For the purpose of section 15(4) of the Act, the additional fee prescribed for late payment is— (a) for a retired or non-practising architect, $15; and (b) for any other architect, approved partnership or approved company, $45.". 11. Application for registration or approval In regulations 42(2) and 42(3) of the Principal Regulations, for "as an architectural" substitute "of a". 12. New regulation 42A inserted After regulation 42 of the Principal Regulations insert— "42A. Classes of registration For the purposes of section 9(2)(b) of the Act, the following classes of registration are prescribed— r. 11 -- 5 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 5 (a) practising architects; (b) retired or non-practising architects.". 13. New regulation 45 substituted For regulation 45 of the Principal Regulations substitute— "45. Prescribed course of study For the purposes of section 10(c)(ii) of the Act, a prescribed course of study is the National Program of Assessment provided by the Architects Accreditation Council of Australia.". 14. Revocation of various redundant provisions Regulations 46, 47(2), 49(a) and 49(b) of the Principal Regulations are revoked. 15. Contents of the register (1) In regulations 50(a) and 50(b) of the Principal Regulations, omit "architectural" (wherever occurring). (2) In regulation 50(d) of the Principal Regulations, for "architectural" substitute "approved". (3) For regulation 50(e) of the Principal Regulations substitute— "(e) in the case of an approved company, the name and address of each director and shareholder; (f) details of the professional indemnity insurance held by architects listed on the Register.". 16. Notification of changed information In regulations 51(2), 51(3) and 51(4) of the Principal Regulations, omit "architectural" (wherever occurring). r. 13 -- 6 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 6 17. New Part 7 inserted After Part 6 of the Principal Regulations insert— "PART 7—TRANSITIONAL 53. Transitional Despite regulation 45, a person who, immediately before 14 June 2005, was enrolled in a course of study prescribed by regulation 45 as in force immediately before that date is to be treated as being enrolled in a course of study the passing of which satisfies section 10(c)(ii) of the Act to the extent that the section requires a person to pass a prescribed course of study.". 18. Application forms (1) In Part A of Schedule 2 to the Principal Regulations, after item 5 insert— "5A. CLASS OF REGISTRATION Please indicate class of registration applied for (tick one)— (a) Practising architect † (b) Retired or non-practising architect † 5B. PROOF OF PROFESSIONAL INDEMNITY INSURANCE COVER Please provide the following information on your professional indemnity insurance— (a) Name of insurance company (b) Policy number (c) Date of issue expiry date (d) Level of indemnity (e) Is the insurance held in your name? YES/NO (f) Is the insurance held by your employer/company/partnership? YES/NO r. 17 -- 7 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 7 (g) If YES to the question in paragraph (f) please provide the name or title of your employer/ company/partnership (h) Please attach a certificate of currency for the policy or a letter from your employer naming you as an insured employee.". (2) In Part A of Schedule 2 to the Principal Regulations, for item 7 substitute— "7. CURRENT MEMBERSHIP OF APPROVED PARTNERSHIP OR COMPANIES Please list all approved partnerships and approved companies of which you have been or currently are a member or director and specify when you became a member or director: BUSINESS NAME ADDRESS DATE(S)". (3) In the heading to Part B of Schedule 2 to the Principal Regulations, for "AS AN ARCHITECTURAL" substitute "OF A". (4) In Part B of Schedule 2 to the Principal Regulations, for item 8 substitute— "8. COMPLIANCE WITH THE ACT (1) Is a member of the partnership who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the partnership? YES/NO (2) Are the architectural services that are provided by the partnership carried out by or under the supervision of a person who is registered as an architect under the Architects Act 1991? YES/NO (3) Is the person referred to in sub-item (2) covered by the insurance required under the Architects Act 1991? YES/NO (4) If you have answered YES to the question in sub- item (3) please attach a certificate of currency for the insurance.". r. 18 -- 8 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 8 (5) In the heading to Part C of Schedule 2 to the Principal Regulations, for "AS AN ARCHITECTURAL" substitute "OF A". (6) In Part C of Schedule 2 to the Principal Regulations, Section C is revoked. (7) In Part C of Schedule 2 to the Principal Regulations, for section D substitute— "SECTION D COMPLIANCE WITH THE ACT 1. Are architectural services provided by the company? YES/NO 2. Does the constitution or do the objects of the company provide that one of the purposes of the company is the practise of architecture, or do the lawful activities of the company include the practise of architecture? YES/NO 3. Is a director of the company who is registered as an architect under the Architects Act 1991 responsible for carrying out the architectural services provided by the company? YES/NO 4. Is the director referred to in question 3 covered by the insurance required under the Architects Act 1991? YES/NO 5. If you have answered YES to question 4 please attach a certificate of currency for the insurance.". ═══════════════ r. 18 -- 9 of 10 -- S.R. No. 53/2005 Architects (Amendment) Regulations 2005 9 ENDNOTES 1 Reg. 4: S.R. No. 51/2004. Endnotes -- 10 of 10 --