One disciplinary process applies to all current and former registered ACT architects. The process includes investigations of complaints, disciplinary notices, inquiries and disciplinary action.

Disciplinary grounds

Disciplinary grounds are:

• contravention of the Architects Act 2004;
• contravention of a requirement of the professional code of conduct;
• contravention of a condition of registration;
• conviction of an offence against a law; or
• a guilty finding in the ACT or elsewhere of an offence involving fraud.

Architects have 12 business days to provide a written response to a disciplinary notice. This notice sets out the disciplinary grounds that are believed to exist. A further notice may be sent after the response if the ACT Architects Board decides to hold an inquiry.

Inquiries

Architects may seek legal representation for inquiries. Witnesses may also be called at an inquiry. The ACT Architects Board may appoint a lawyer to examine witnesses and give advice. If you need to attend an inquiry to give evidence or produce documents, you can claim reasonable costs and expenses of attending the inquiry. If an architect needs to give confidential information to the Board, they are not civilly liable for giving the information to the Board.

Disciplinary actions

Decisions to take disciplinary action take into account written submissions on the disciplinary notice, inquiry and the degree of responsibility of the architect; any injury, loss or damage caused; and the need to maintain public confidence in the regulatory system. The Board can take one or more of the following disciplinary actions against the architect:

• reprimand;
• require training;
• impose a new or altered condition on the registration;
• impose a financial penalty of $1000 or less;
• suspend or cancel registration;
• disqualify application for registration; and
• require action to be taken to remedy a situation.

Notification and appeals

Architects are notified of disciplinary action and advised when it takes effect. The ACT Architects Board must also notify the public. Decisions to take disciplinary action can be appealed in the ACT Administrative Appeals Tribunal.