Architects Regulations 2004

Victorian Legislation Parliamentary Documents i Architects Regulations 2004 S.R. No. 51/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Revocation 2 5. Definitions 3 PART 2—PROFESSIONAL CONDUCT 4 Division 1—General Obligations 4 6. Standard of practice 4 7. Duties 4 8. Notice of conflict of interest 4 9. Client's consent 5 Division 2—Specific Obligations 5 10. Administering contract conditions 5 11. Source of remuneration 5 12. Correctness of representations 6 13. Disclosure of name of architects 6 14. Defining the terms of engagement 6 Division 3—General 7 15. Conduct of architectural partnerships and architectural companies 7 16. Unprofessional conduct 7 17. Guidelines 7 -- 1 of 35 -- Victorian Legislation Parliamentary Documents Regulation Page ii PART 3—THE BOARD 9 Division 1—Nomination of certain members of the Board 9 18. Nominated members of the Board 9 Division 2—Election of architects for nomination to the Board 10 19. Application of Division 10 20. Returning Officer 10 21. Poll clerks 10 22. Notice of elections for nominations to the Board 11 23. Method of nomination 11 24. Form of nomination paper and statement of candidate 11 25. Withdrawal of nomination 12 26. Uncontested election 13 27. Contested election 13 28. Printing of the ballot paper and candidate's statement 13 29. Distribution of ballot paper and accepted statements 14 30. Method of voting 14 31. Lodging of vote 14 32. Duplicate ballot papers 15 33. Ballot box 15 34. Scrutineers 15 35. Scrutiny of envelopes 15 36. Adjournments 16 37. Result of election 16 38. Equal votes 17 39. Notification of result of election 17 40. Destruction of papers 17 PART 4—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES 18 41. Fees 18 42. Application for registration or approval 19 43. Architectural Practice Examinations 19 PART 5—THE STUDY OF ARCHITECTURE 20 44. Qualification in architecture 20 45. Prescribed course of study 20 46. Rules for examination 21 47. Examination fees 21 48. Appointment of examiners 22 49. Examiners' fees 22 -- 2 of 35 -- Victorian Legislation Parliamentary Documents Regulation Page iii PART 6—REGISTER AND REGISTRATION 23 50. Contents of the Register 23 51. Notification of changed information 23 52. Appeal times 24 __________________ SCHEDULES 25 SCHEDULE 1—Regulations Revoked 25 SCHEDULE 2—Architects Registration Board of Victoria 26 ═══════════════ -- 3 of 35 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 51/2004 Architects Act 1991 Architects Regulations 2004 The Governor in Council approves the making of the following Regulations by the Architects Registration Board of Victoria: Dated: 18 May 2004 Responsible Minister: MARY DELAHUNTY Minister for Planning STEPHANIE LENN Acting Clerk of the Executive Council The Architects Registration Board of Victoria makes the following Regulations: Dated: 21 May 2004 ANDREW HUTSON, Chairperson JENIFER NICHOLLS, Member SUSAN BALDERSTONE, Member SIMON SWANEY, Member JILLIAN GARNER, Member PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to regulate the professional conduct of architects; and -- 4 of 35 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Architects Regulations 2004 S.R. No. 51/2004 2 (b) to prescribe the procedures for nomination to the Architects Registration Board of Victoria; and (c) to prescribe— (i) fees for applications for registration or approval under the Architects Act 1991; and (ii) annual fees for that registration and approval; and (iii) examination fees for examinations conducted by the Board and in prescribed courses of study; and (iv) fees payable to an examiner for setting, checking, marking and conducting those examinations and for attendance at committee meetings authorised by the Board; and (d) to prescribe procedures relating to the registration of architects and the approval of architectural partnerships and companies; and (e) to prescribe any other matters necessary or required to give effect to the Architects Act 1991. 2. Authorising provision These Regulations are made under section 69 of the Architects Act 1991. 3. Commencement These Regulations come into operation on 24 May 2004. 4. Revocation The Regulations listed in Schedule 1 are revoked. r. 2 -- 5 of 35 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Architects Regulations 2004 S.R. No. 51/2004 3 5. Definitions (1) In these Regulations— "Act" means the Architects Act 1991; "client" means a person or body with whom an architect enters into an agreement to provide architectural services; "developer" means developer, builder, project manager or construction manager; "newspaper" means a daily newspaper circulating generally throughout Victoria. (2) For the purposes of these Regulations, an architect acts as or carries on the business of a developer if he or she does so on his or her own behalf or if he or she is a director, principal, partner, manager or employee of a firm or corporation which does so. __________________ r. 5 -- 6 of 35 -- Victorian Legislation Parliamentary Documents Part 2—Professional Conduct Architects Regulations 2004 S.R. No. 51/2004 4 PART 2—PROFESSIONAL CONDUCT Division 1—General Obligations 6. Standard of practice An architect must perform his or her work as an architect in a competent manner and to a professional standard. 7. Duties An architect must— (a) act in the interest of his or her client or prospective client; and (b) not favour his or her own interest over that of his or her client or prospective client. 8. Notice of conflict of interest (1) An architect who— (a) acts, or proposes to act, on the same project in the capacity of— (i) an architect and a developer; or (ii) an architect and an estate agent; or (b) has any other conflict of interest with a client or prospective client— must give the client or prospective client written notice of the scope of each of those roles or that conflict of interest. (2) Notice given under sub-regulation (1) must be given— (a) in the case of a client, when the conflict arises or appears likely to arise; or (b) in the case of a prospective client, prior to acting for that person. r. 6 -- 7 of 35 -- Victorian Legislation Parliamentary Documents Part 2—Professional Conduct Architects Regulations 2004 S.R. No. 51/2004 5 9. Client's consent (1) After giving notice under regulation 8, an architect must obtain written consent to act for a client or prospective client within fourteen calendar days of the day of giving notice under regulation 8(1). (2) In the case of an existing client, if consent is not obtained in accordance with sub-regulation (1), an architect must immediately cease to act for that client. (3) In the case of a prospective client, if consent is not obtained in accordance with sub-regulation (1), an architect must refrain from acting for that prospective client until written consent to act is given by that person. Division 2—Specific Obligations 10. Administering contract conditions An architect who is commissioned to administer conditions of contract must do so impartially between the parties to that contract. 11. Source of remuneration An architect must be remunerated for his or her architectural services by either— (a) the professional fee; or (b) other benefits specified in the contract of engagement; or (c) the salary and any other benefits payable by the architect's employer. r. 9 -- 8 of 35 -- Victorian Legislation Parliamentary Documents Part 2—Professional Conduct Architects Regulations 2004 S.R. No. 51/2004 6 12. Correctness of representations An architect must ensure representations made in connection with the supply or possible supply of architectural services or in connection with the promotion or advertising by any means of the supply of architectural services are accurate and current. 13. Disclosure of name of architects (1) An architect who is a sole practitioner must ensure that the letterhead of his or her practice discloses his or her name. (2) An architect who is a member of an architectural partnership must ensure that the letterhead of the partnership discloses the names of all architect members of the partnership and states that they are architects. (3) An architect who is a director of an architectural company must ensure that the letterhead of the company discloses the name of the principal executive officer of the company and the names of all architect directors of the company and states that they are architects. 14. Defining the terms of engagement Before an architect accepts an engagement to provide architectural services or services as a developer or services both as an architect and a developer and as soon as practicable after any change to the terms and conditions or scope of engagement becomes known to the architect, he or she must— (a) in writing, set out the description, terms and conditions of the engagement or the change; and (b) supply a copy of that document to the client. r. 12 -- 9 of 35 -- Victorian Legislation Parliamentary Documents Part 2—Professional Conduct Architects Regulations 2004 S.R. No. 51/2004 7 Division 3—General 15. Conduct of architectural partnerships and architectural companies If an architect who provides architectural services to clients on behalf of an architectural partnership or an architectural company contravenes one or more of regulations 6 to 14, then that regulation is also contravened by— (a) in the case of an architectural partnership, each partner in that architectural partnership who is an architect; or (b) in the case of an architectural company, each director of that architectural company who is an architect. 16. Unprofessional conduct Without limiting the meaning of "unprofessional conduct"— (a) an architect who contravenes one or more of regulations 6 to 14 is guilty of unprofessional conduct; and (b) a partner of an architectural partnership or a director of an architectural company who contravenes one or more of regulations 6 to 14 by operation of regulation 15 is guilty of unprofessional conduct. 17. Guidelines (1) The Board may prepare guidelines on professional conduct and practice for architects, architectural companies and architectural partnerships. r. 15 -- 10 of 35 -- Victorian Legislation Parliamentary Documents Part 2—Professional Conduct Architects Regulations 2004 S.R. No. 51/2004 8 (2) The Board must cause a copy of the guidelines made by the Board— (a) to be made available for inspection by any person at the offices of the Board during the usual office hours of the Board; and (b) to be available to every architect on the Register. __________________ r. 17 -- 11 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 9 PART 3—THE BOARD Division 1—Nomination of certain members of the Board 18. Nominated members of the Board (1) If a vacancy occurs in the office of a member of the Board nominated under section 47(2)(a), (d), (e) or (f) of the Act or at least 6 weeks before the expiration of the term of office of that member, the Registrar must, as the case requires, serve notice on— (a) the Minister administering the Fair Trading Act 1999; and (b) the secretaries to the councils of the approved schools of architecture; and (c) the heads of the governing bodies of— (i) the Institution of Engineers, Australia, Victoria Division; (ii) the Institution of Surveyors, Victoria; (iii) the Australian Institute of Quantity Surveyors; (iv) the Royal Australian Planning Institute; (v) any related professions determined by the Minister under section 47(2)(e)(v) of the Act; and (d) the President of the Royal Australian Institute of Architects (Victorian Chapter). r. 18 -- 12 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 10 (2) A notice served under sub-regulation (1) must state— (a) that a vacancy has occurred or the expiry date of the term of office of the member nominated under section 47(2)(a), (d), (e) or (f) of the Act (as the case requires) has passed; and (b) in the case of section 47(2)(a) of the Act, that a nomination is required; and (c) in any other case, that a panel of names is required to be submitted to the Minister and the number of names to be submitted; and (d) the date (up to 6 weeks from the date on which notice is given) by which the nomination is required to be submitted; and (e) that if a nomination is not made or the required panel of names is not submitted, the Minister may nominate any person to be a member of the Board. Division 2—Election of architects for nomination to the Board 19. Application of Division For the purposes of section 47(2)(c) of the Act, the prescribed manner of nomination is an election conducted in accordance with this Division. 20. Returning Officer The Registrar is the Returning Officer for the conduct of an election. 21. Poll clerks The Returning Officer may appoint poll clerks to assist the conduct of an election. r. 19 -- 13 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 11 22. Notice of elections for nominations to the Board (1) If the office of a member of the Board nominated by architects under section 47(2)(c) of the Act becomes vacant, or at least three months before the expiry date of the term of office of that member, the Registrar must give notice in a newspaper approved by the Board specifying— (a) the number of vacancies; and (b) the date of the polling day (to be at least 21 days before any expiry date); and (c) the place and time (to be before 12 noon) for nomination for election; and (d) the closing day and time for nomination and receipt of candidates' statements (to be at least 21 days before the date of election and at least 21 days after the notice is given under this section). (2) The Returning Officer shall determine the dates of nomination day and polling day. 23. Method of nomination An architect who intends to be a candidate at an election— (a) must cause a nomination paper to be delivered to the Returning Officer before 12 noon on the closing day for nominations; and (b) may submit a candidate's statement by the closing day and time notified in accordance with regulation 22(1)(d). 24. Form of nomination paper and statement of candidate (1) A nomination paper must— (a) be in a form approved by the Board; and r. 22 -- 14 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 12 (b) be signed by two architects other than the candidate; and (c) bear the written consent of the architect nominated. (2) A candidate's statement must— (a) be in writing; and (b) not exceed 150 words in length; and (c) be signed by the candidate; and (d) may only include information on his or her service to the architectural profession, the area or areas of architecture in which he or she practises, his or her service to the community, and any special interests which he or she may have whether inside or outside the architectural profession. (3) The Returning Officer must reject a nomination paper which does not comply with sub- regulation (1). 25. Withdrawal of nomination (1) An architect nominated for an election may withdraw from the election by giving written notice of withdrawal to the Returning Officer. (2) If a candidate ceases to be an architect, or withdraws his or her nomination, or dies— (a) before 12 noon on the nomination day, or, in the case of a contested election, before the ballot papers for the election have been sent out, the Returning Officer must not include that architect's name in the ballot paper for the election; (b) after the ballot papers for the election have been sent out, the Returning Officer must not count any votes cast for that candidate. r. 25 -- 15 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 13 26. Uncontested election (1) If the number of nominations is less than or equal to the number of vacancies to be filled, the Returning Officer must declare the nominated architect or architects elected for nomination and must advise the Minister of that declaration. (2) If the number of nominations is less than the number of vacancies to be filled, the Returning Officer must advise the Minister of that fact. 27. Contested election If the number of nominations is greater than the number of vacancies to be filled, the Returning Officer must conduct a poll by postal ballot in accordance with this Division. 28. Printing of the ballot paper and candidate's statement (1) The Returning Officer must arrange for ballot papers to be printed in a form approved by the Board. (2) Each ballot paper must— (a) show the number of vacancies to be filled; and (b) the full name of each candidate (in alphabetical order by surname); and (c) provide directions for voting in accordance with this Division. (3) The Returning Officer must arrange for the accepted statement of each candidate to be printed. r. 26 -- 16 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 14 29. Distribution of ballot paper and accepted statements At least 14 days before the poll, the Returning Officer must post to the registered address of each architect registered under the Act— (a) a ballot paper initialled by the Returning Officer or a poll clerk; and (b) a ballot envelope on which the words "Place ballot paper only in this envelope" are printed; and (c) an unsealed return envelope addressed to the Returning Officer, with a place marked for the voter's name, address and signature; and (d) the accepted statement of every candidate. 30. Method of voting (1) An architect must not vote more than once in each election. (2) To cast a vote, an architect must mark the letter "X" in the square opposite the name of each candidate for whom he or she is voting. (3) For the vote to be valid, the number of squares marked must be equal to the number of vacancies to be filled. 31. Lodging of vote After marking the ballot paper, an architect must— (a) place it in the ballot envelope and seal that envelope; and (b) place the ballot envelope in the return envelope and seal that return envelope; and (c) sign and write his or her full name and address in the place provided on the return envelope; and r. 29 -- 17 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 15 (d) cause the return envelope to be delivered to the Returning Officer before 12 noon on polling day. 32. Duplicate ballot papers (1) The Returning Officer may issue a duplicate ballot paper to a voter before 12 noon on polling day if the voter makes a declaration in a form approved by the Board and gives it to the Returning Officer. (2) A declaration made under sub-regulation (1) must— (a) be verified by statutory declaration; and (b) declare that he or she did not receive a ballot paper, or that the ballot paper received has been lost, spoiled or destroyed. 33. Ballot box (1) The Returning Officer must— (a) provide a ballot box; and (b) place all envelopes received before 12 noon on polling day in the ballot box (unopened). (2) The ballot box must be constructed and secured in a manner approved by the Board. 34. Scrutineers Each candidate may appoint, in writing, one scrutineer to be present during scrutiny, examination and counting of votes. 35. Scrutiny of envelopes As soon as practicable after 12 noon on polling day, in the presence of any scrutineers who choose to be present, the Returning Officer must— (a) remove from the ballot box all return envelopes received before the poll closed; and r. 32 -- 18 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 16 (b) examine each return envelope and reject as invalid, marking it as such and putting it aside unopened, any envelope which does not bear the signature, name and address of an architect; and (c) for each accepted return envelope, place a mark against the architect's name in a copy of the Register; and (d) open each accepted return envelope and extract the ballot envelope; and (e) open each ballot envelope and extract the ballot paper and place the paper uninspected in the ballot box; and (f) when all accepted envelopes have been opened and all ballot papers deposited in the ballot box, open the ballot box and count the votes. 36. Adjournments The Returning Officer may, if necessary, adjourn the scrutiny of envelopes or the counting of votes to a time and place which he or she must notify to the scrutineers. 37. Result of election When counting of the votes is completed, the Returning Officer must declare as elected for nomination by architects under section 47(2)(c) of the Act the candidate or candidates (as required by the number of vacancies) who has or have received the greatest number of votes. r. 36 -- 19 of 35 -- Victorian Legislation Parliamentary Documents Part 3—The Board Architects Regulations 2004 S.R. No. 51/2004 17 38. Equal votes If, at an election, two or more candidates receive an equal number of votes which is greater than the number of votes received by any of the remaining candidates, the Returning Officer must decide by lot which of the candidates with equal votes is to be declared elected. 39. Notification of result of election After the declaration of the poll, the Returning Officer must submit to the Minister a written report of the result of the election for nomination by architects under section 47(2)(c) of the Act and subsequently advertise the result in a newspaper, setting out in each— (a) the names of all the candidates for election; and (b) the number of votes polled by each candidate; and (c) the number of informal votes; and (d) the names of the candidates elected for nomination. 40. Destruction of papers The Returning Officer must cause all ballot papers and envelopes used at the election to be destroyed at the end of 3 months after submitting the written report under regulation 39 to the Minister. __________________ r. 38 -- 20 of 35 -- Victorian Legislation Parliamentary Documents Part 4—Registration of Architects and Approval of Partnerships and Companies Architects Regulations 2004 S.R. No. 51/2004 18 PART 4—REGISTRATION OF ARCHITECTS AND APPROVAL OF PARTNERSHIPS AND COMPANIES 41. Fees (1) To be eligible to pay a fee under this regulation as a retired architect, an architect must make a declaration at the time of payment of the annual fee or annual fee and additional fee stating that he or she does not intend to practise as an architect for the period to which the annual fee applies. (2) For the purpose of section 9(2)(b) of the Act, the fee prescribed for an application for registration is $100. (3) For the purpose of section 12(2)(b) of the Act, the fee prescribed for an application for approval and registration of an architectural partnership or an architectural company is $120. (4) For the purpose of section 15(1) of the Act, the annual fee prescribed is— (a) for a retired architect, $30; and (b) for any other architect, architectural partnership or architectural 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 architect, $15; (b) for any other architect, architectural partnership or architectural company, $45. (6) For the purposes of the Act and these Regulations, the fee for— (a) a duplicate Certificate of Registration is $50; (b) a copy of a page of the Register is $5; (c) a copy of the whole Register is $100. r. 41 -- 21 of 35 -- Victorian Legislation Parliamentary Documents Part 4—Registration of Architects and Approval of Partnerships and Companies Architects Regulations 2004 S.R. No. 51/2004 19 42. Application for registration or approval (1) The form prescribed for an application under section 9 of the Act for registration as an architect is the form in Part A of Schedule 2. (2) The form prescribed for an application under section 12 of the Act for approval as an architectural partnership is the form in Part B of Schedule 2. (3) The form prescribed for an application under section 12 of the Act for approval as an architectural company is the form in Part C of Schedule 2. 43. Architectural Practice Examinations For the purpose of section 10(b) of the Act, the Board may require a natural person to undertake written or oral Architectural Practice Examinations conducted by the Board. __________________ r. 42 -- 22 of 35 -- Victorian Legislation Parliamentary Documents Part 5—The Study of Architecture Architects Regulations 2004 S.R. No. 51/2004 20 PART 5—THE STUDY OF ARCHITECTURE 44. Qualification in architecture For the purpose of section 10(c)(i) of the Act, the following qualifications are prescribed— (a) Bachelor of Architecture or Master of Architecture (Practice), Deakin University; (b) Bachelor of Architecture, The Royal Melbourne Institute of Technology; (c) Bachelor of Architecture or Master of Architecture (Coursework)—Option C, The University of Melbourne; (d) any other architecture qualification at degree level which is approved by the Board as being equivalent to a qualification prescribed in paragraph (a), (b) or (c). 45. Prescribed course of study (1) For the purpose of section 10(c)(ii) of the Act, a prescribed course of study is a course in which each of the following subjects must be satisfactorily completed— (a) Building Science; (b) Building Construction; (c) Delineation; (d) Designing and Planning; (e) Development of Architecture; (f) Professional Practice; (g) Specifications; (h) Structural Design; (i) Professional Management; (j) Professional Experience. r. 44 -- 23 of 35 -- Victorian Legislation Parliamentary Documents Part 5—The Study of Architecture Architects Regulations 2004 S.R. No. 51/2004 21 (2) A candidate is not required to pass an examination in a subject specified in sub-regulation (1) if the course provider is satisfied that he or she has already passed an equivalent examination for an equivalent subject in another course. 46. Rules for examination (1) An applicant for admission to examination in a course of study prescribed under regulation 45 must have successfully completed the Victorian Certificate of Education or attained an equivalent educational standard. (2) An applicant for admission to examination is not entitled to be admitted to an examination unless the Board has assessed the applicant's eligibility for admission in accordance with the guidelines made under sub-regulation (3). (3) The Board must issue written guidelines with respect to the matters to be taken into account in assessing whether to approve an applicant's eligibility for admission to an examination. 47. Examination fees (1) A candidate for an examination conducted by the Board must pay the relevant examination fee to the Board. (2) The examination fees for the subjects in the prescribed course of study are— (a) for Designing and Planning, $630; (b) for each subject listed in regulation 45(1) except for— (i) Professional Management; and (ii) Professional Experience— $157 each; (c) in the nature of paragraph (b), $183 each. r. 46 -- 24 of 35 -- Victorian Legislation Parliamentary Documents Part 5—The Study of Architecture Architects Regulations 2004 S.R. No. 51/2004 22 (3) The fees for the architectural practice examination conducted to assess the standard of professional practice under section 10(b) of the Act are— (a) written examination, $250; (b) oral examination, $250. 48. Appointment of examiners The Board may appoint a suitable person or persons to examine, under its supervision, applicants for registration. 49. Examiners' fees The fees payable to an examiner are— (a) for setting each paper, $300; (b) for checking and marking each set of answers, $300; (c) for conducting oral or practical examinations, $300 for each sitting of 4 hours or less; (d) for attendance at Committee Meetings authorised by the Board, $100 per meeting. __________________ r. 48 -- 25 of 35 -- Victorian Legislation Parliamentary Documents Part 6—Register and Registration Architects Regulations 2004 S.R. No. 51/2004 23 PART 6—REGISTER AND REGISTRATION 50. Contents of the Register In addition to the matters set out in section 16 of the Act, the Register is to contain the following prescribed particulars— (a) the date of registration or approval for each approved architectural partnership or approved architectural company or individual architect; (b) the registration or approval number allotted for each approved architectural partnership or approved architectural company or individual architect; (c) where the architect holds a specialist qualification, the nature of that qualification; (d) in the case of an architectural partnership, the name and address of each partner; (e) in the case of an architectural company, the name and address of each director and every shareholder. 51. Notification of changed information (1) Notification of a change in information contained in the Register must be given to the Board within 14 calendar days of that change. (2) An architect, approved architectural partnership or approved architectural company must provide written notification of a change of address by providing— (a) the name recorded in the Register and any change to that name; (b) the address recorded in the Register and any change to that address; r. 50 -- 26 of 35 -- Victorian Legislation Parliamentary Documents Part 6—Register and Registration Architects Regulations 2004 S.R. No. 51/2004 24 (c) any particulars prescribed under regulation 50 and recorded in the Register and any change to those prescribed particulars. (3) Written notification under sub-regulation (2) by an approved architectural partnership must be given by a member of that partnership. (4) Written notification under sub-regulation (2) by an approved architectural company must be given by the principal executive director or a director of that company. 52. Appeal times For the purpose of sections 42(1)(b), 42(1)(f), 43(b) and 43(e) of the Act, the prescribed time is 3 months. __________________ r. 52 -- 27 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 25 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. Title 77/1993 Architects Regulations 1993 100/1994 Architects (Amendment) Regulations 1994 25/2000 Architects (Amendment) Regulations 2000 __________________ Sch. 1 -- 28 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 26 SCHEDULE 2 Regulation 42 PART A ARCHITECTS REGISTRATION BOARD OF VICTORIA APPLICATION FOR REGISTRATION AS AN ARCHITECT 1. NAME Family name Title (Mr, Mrs, Ms etc.) Given names 2. PREVIOUS OR OTHER NAMES If you have ever been known by any other name, please give details: 3. PLACE AND DATE OF BIRTH State Country Day Month Year 4. ADDRESS AND CONTACT INFORMATION (a) Residential Address (b) Postal Address (if different from Residential Address) (c) Business Address (address for publication in the Register) (d) Telephone business: home: facsimile: 5. EDUCATION AND PRACTICAL EXPERIENCE (a) Architecture Course: Where completed: Date: OR Equivalent Qualification: (b) Date of satisfying Board requirements for professional and practical experience: Note: Equivalent qualifications must be approved by the Board. All architectural experience must be to the satisfaction of the Board. 6. REGISTRATION HISTORY (1) In Australia: (a) Have you ever previously registered as an architect? YES/NO Sch. 2 -- 29 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 27 (b) Has your registration as an architect ever been suspended or cancelled? YES/NO (c) Have you ever been disciplined as an architect for misconduct? YES/NO (d) Have you ever as an individual or as a member of a firm or company been found to have breached the Architects Act 1958 or the Architects Act 1991 or a regulation under either of these Acts? YES/NO If you have answered YES to any of the above, please give details here, or attach a separate page. (2) If you have been registered or otherwise practised as an architect outside of Australia, please provide details of the registering authority, if any, and the period of registration (where applicable) and practice. (3) Do you consent to the Architects Registration Board of Victoria seeking a confidential report from the relevant registering authority? YES/NO 7. CURRENT MEMBERSHIP OF ARCHITECTURAL PARTNERSHIPS OR COMPANIES Please list all architectural partnerships and architectural companies of which you have been or are currently a member or director: BUSINESS NAME ADDRESS DATE(S) 8. FITNESS TO PRACTISE Have you ever been convicted of an indictable offence in Victoria, or an offence which if committed in Victoria would have been an indictable offence? YES/NO If you have answered YES, please provide details. 9. DECLARATION The following declaration must be signed in the presence of a person qualified to witness Statutory Declarations. I solemnly and sincerely declare that this application and declaration is true and correct in every particular and I make it in the belief that a person making a false declaration is liable to the penalties for perjury. Signature: Name: Sch. 2 -- 30 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 28 Declared at in the State of this day of 20 before me Signature of witness Full name and address of witness and qualification to witness a declaration. Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958. PART B ARCHITECTS REGISTRATION BOARD OF VICTORIA APPLICATION FOR APPROVAL AS AN ARCHITECTURAL PARTNERSHIP For each ARCHITECT partner, please provide the following information: 1. NAME Family name Title (Mr, Mrs, Ms etc.) Given names 2. REGISTRATION NUMBER: 3. ADDRESS AND CONTACT INFORMATION (a) Residential Address (b) Postal Address (if different from Residential Address) (c) Business Address (address for publication in the Register) (d) Telephone business: home: facsimile: For each NON-ARCHITECT partner, please provide information at items 4 to 7: 4. NAME Family name Title (Mr, Mrs, Ms etc.) Given names 5. PLACE AND DATE OF BIRTH State Country Day Month Year Sch. 2 -- 31 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 29 6. ADDRESS AND CONTACT INFORMATION (a) Residential Address (b) Postal Address (if different from Residential Address) (c) Business Address (d) Telephone business: home: facsimile: 7. OCCUPATION: 8. COMPLIANCE WITH THE ACT Are not less than two thirds of the partners who are beneficially entitled to not less than two thirds of the capital assets and profits of the partnership, architects registered under the Architects Act 1991? YES/NO 9. DECLARATION The following declaration must be signed in the presence of a person qualified to witness Statutory Declarations. Each of us being the partners solemnly and sincerely declare that this application and declaration is true and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury. For each of the partners, complete (a) and (b) (a) Signature: (b) Name: Declared at in the State of this day of 20 before me Signature of witness Full name and address of witness and qualification to witness a declaration. Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958. Sch. 2 -- 32 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 30 PART C ARCHITECTS REGISTRATION BOARD OF VICTORIA APPLICATION FOR APPROVAL AS AN ARCHITECTURAL COMPANY SECTION A THE COMPANY 1. NAME OF COMPANY: 2. BUSINESS NAME (where different): 3. AUSTRALIAN COMPANY NUMBER: ACN 4. POSTAL ADDRESS: 5. TELEPHONE NUMBER: 6. FACSIMILE NUMBER: 7. ADDRESS OF REGISTERED OFFICE (if different from Postal Address): SECTION B DIRECTORS For each DIRECTOR, please provide the following information: 1. NAME Family name Title (Mr, Mrs, Ms, etc.) Given names 2. PREVIOUS OR OTHER NAMES If this Director has ever been known by any other name, please give details: 3. PLACE AND DATE OF BIRTH State Country Day Month Year 4. ADDRESS AND CONTACT INFORMATION (a) Residential Address (b) Postal Address (if different from Residential Address) (c) Business Address (d) Telephone business: home: facsimile: 5. OCCUPATION: Sch. 2 -- 33 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 31 SECTION C SHAREHOLDERS For each SHAREHOLDER, please provide the following information: 1. NAME Family name Title (Mr, Mrs, Ms, etc.) Given names 2. IS THE SHAREHOLDER AN ARCHITECT REGISTERED IN VICTORIA? YES/NO 3. DOES THE SHAREHOLDER BENEFICIALLY OWN SHARES IN THE COMPANY? YES/NO If YES, please provide details: 4. DOES THE SHAREHOLDER HAVE VOTING RIGHTS? YES/NO If YES, please provide details: SECTION D COMPLIANCE WITH THE ARCHITECTS ACT 1. Are one or more of the shareholders registered as the beneficial owners of not less than two-thirds of the total issued share capital of the company, and entitled to exercise not less than two thirds of the voting power of the company, architects registered under the Architects Act 1991? YES/NO 2. Are the directors of the company natural persons? YES/NO 3. In the case of a company which has only 2 directors, is one director an architect and the other a prescribed relative of the architect or a person for whom you will request the Board's approval? YES/NO Note: A prescribed relative means a parent, spouse, domestic partner, child or grandchild of the architect director. 4. In the case of a company which has more than 2 directors, are not less than two thirds of the directors architects? YES/NO 5. In the case of a company which has only 1 director, is that director an architect? YES/NO 6. Is the primary purpose of the company the practice of architecture? YES/NO Note: This is a requirement under section 14(1) of the Architects Act 1991. Sch. 2 -- 34 of 35 -- Victorian Legislation Parliamentary Documents Architects Regulations 2004 S.R. No. 51/2004 32 SECTION E DECLARATION BY THE DIRECTORS The following declaration must be signed in the presence of a person qualified to witness Statutory Declarations. Each of us being Directors do solemnly and sincerely declare that this application and declaration are true and correct in every particular, and we make it in the belief that a person making a false declaration is liable to the penalties for perjury. (a) Signature: (b) Name: Declared at In the State of this day of 20 before me Signature of witness Full name and address of witness and qualification to take a declaration. Note: Persons who may witness the signing of statutory declarations are listed in section 107A of the Evidence Act 1958. ═══════════════ Sch. 2 -- 35 of 35 --