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ARCHITECTS BILL 2003
Introduction and First Reading

Bill introduced, on motion by Ms A.J. MacTiernan (Minister for Planning and Infrastructure), and read a first time.

Second Reading

MS A.J. MacTIERNAN (Armadale - Minister for Planning and Infrastructure) [12.20 pm]: I move -

That the Bill be now read a second time.

This Bill delivers the State Government’s commitment to national competition policy principles to review legislation regulating the architectural profession. As part of the Western Australian Government’s obligations under the agreement, the Department of Housing and Works - DHW - completed the state review of the Architects Act 1921 in June 2001. During this time the Productivity Commission conducted and released a national level review of legislation regulating the architectural profession.
Western Australia was also a participant in the intergovernmental working group of senior officials from the States and Territories that examined and prepared a joint response to the Productivity Commission’s review. This response determined that retention of the Architects Act was desirable and recommended a framework of regulatory principles to be realised in each jurisdiction. Following a meeting of the Australian Procurement and Construction Ministerial Council in June 2002, it was agreed nationally that state-based architects legislation would be retained, with the drafting of amendments to align with nationally agreed recommendations that allowed for a centrally developed set of professional standards as the basis for registration of architects in Australia. As well as satisfying competition policy objectives and the national harmonisation agreements, this Bill provides an updated version of an antiquated Act. The primary objectives are to ensure that only properly qualified and competent persons are identified as architects; to regulate the practice of architecture by those persons; and to establish, maintain and promote suitable standards of knowledge and skills among architects for the purpose of protecting consumers of architectural services in Western Australia.

The Bill continues the role of the Architects Board of Western Australia to administer the scheme of registration and licensing; to receive complaints into alleged misconduct of architects; and to investigate those fraudulently claiming to be architects. Composition of the board has been broadened to include adequate consumer and educational representation in line with national and state review recommendations. Current government policy on board membership is incorporated in the Bill, ensuring that members are chosen for their skills in representing public or professional interests, and are not tied or restricted as representatives of sectional interests. In accordance with the recommendations of the state and national reviews, this Bill provides for the registration of natural persons only. Registration requirements will be drawn from nationally consistent standards set by a national standard-setting body, the Architects Accreditation Council of Australia, as agreed through the national harmonisation process. This will provide nationally consistent requirements for registration with a view to broadening certification channels and having regard to different combinations of qualifications and experience that would maintain professional standards of competency. The Bill provides for corporations to be granted a licence to use the title “architect”. A corporation does not have to be licensed to offer the services of an architect to the public, which leaves multidisciplinary corporations unhindered by this legislation. However, in accordance with the reviews and harmonisation agreements, the architectural services provided in this case must ultimately be controlled and supervised by a registered person or an offence is committed.

Consistent with competition policy objectives and the subsequent reviews, the Architects Bill will not prevent unregistered persons from designing or superintending the erection of buildings. The Bill protects the title “architect” and its derivatives by restricting it to use by persons registered under the Act. It offers a public benefit by unambiguously indicating to the market the difference in the level of qualification of architects as distinct from those who offer building design or related services.

Although the legislation imparts the right to use the title “architect”, it also provides this valuable distinction to enable consumers to make informed decisions in the purchase of building design and related services. Although the use of derivatives of the word “architect” is restricted, the Bill does allow the use of derivatives that describe a recognised competency and do not misleadingly imply that a person is registered or a corporation is licensed under the Act. The Bill allows for the adoption of a national code of conduct for architects to provide the basis for professional conduct of architects and a foundation for disciplinary proceedings under the Act. A conciliation process has been incorporated as a new initiative to provide for an informal dispute resolution process. The Bill also provides a three-year time limit within which a consumer can make a complaint against an architect. The legislation incorporates a new procedure for hearing and determining disciplinary matters with the establishment of the State Administrative Tribunal. SAT removes any perception of a conflict of interest with the board acting as the registering body and a disciplinary body. The provision of an independent tribunal to investigate and determine serious complaints against architects, rather than the Architects Board, will result in enhanced consumer protection. Any disciplinary action against an architect or compensation for a client becomes a matter for SAT. All appeals against a decision of the Architects Board will also be determined by SAT.

In summary the Bill provides for the effective registration of architects and the maintenance of nationally consistent professional standards. It controls the use of the title “architect” and seeks to prevent conduct from non-architects that may be misleading to consumers and the general public. Most importantly, the Bill adequately identifies members of the architectural profession, which will enable the consumers of architectural services to make informed decisions when engaging a practitioner. I commend the Bill to the House.

Debate adjourned, on motion by Mr J.L. Bradshaw.