Governance and compliance

ARBV Board

The ARBV Board is established under section 47 of the Architects Act 1991 (Vic) and can have up to 10 members, each of whom is appointed by the Governor in Council on a representative basis.

The Board sets the strategic framework for the achievement of the ARBV’s objectives and the execution of its functions. The Board does this by overseeing strategic planning, policy development, auditing and compliance, prudent financial management, fostering stakeholder relationships and reviewing management performance. The Board is also responsible for exercising decision-making powers under the Architects Act 1991 (Vic) and the Architects Regulations 2015. Management of the operations and administration of the ARBV is delegated by the Board to the Registrar.

Board committees

The Board is supported by 2 committees:

Audit and Risk Committee

The purpose of the Audit and Risk Committee is to assist the Board to fulfil its statutory oversight responsibilities relating to the Financial Management Act 1994 (Vic) (FMA) and associated Standing Directions 2018 issued by the Assisted Treasurer under Section 8 of the FMA. Members of the Audit and Risk Committee are reviewed and appointed annually by the Board in accordance with the Committee’s Charter.

Meetings are held at least 4 times a year, and at other times on request of a committee member or the internal or external auditor. The Committee’s key responsibilities are to:

• assist the Board in reviewing the effectiveness of the ARBV’s internal control environment, covering effectiveness and efficiency of operations, reliability of financial reporting and compliance with applicable laws and regulations
• review the annual financial statements and make a recommendation to the Board as to whether to adopt the statements reviewing information in the report of operations on financial management, performance and sustainability
• determine the scope of the internal audit function and ensure its resources are adequate and used effectively, including coordination with external auditors
• maintain effective communication with external auditors, consider recommendations made by internal and external auditors, and review the implementation of actions to resolve issues raised
• oversee the effective operation of the risk management framework.

Members of the Audit and Risk Committee as at 30 June 2021 were: Mark Anderson (Independent Chair), Karen Alcock and Dr Giorgio Marfella. Stuart Brown was a member of the Committee until his ARBV Board term of office expired 17 June 2021.

Human Resources Committee

The purpose of the Human Resources Committee is to assist the Board to fulfil its obligations relating to human resource and remuneration policy and related matters and for the management of the Registrar’s contract and performance review consistent with the policies of the Government’s Remuneration Tribunal.

Members of the Human Resources Committee at 30 June 2021 were Karen Alcock, Richard Salter and Catherine Duggan.

Board and committee meeting attendances

Number of meetings attended/eligible to attend in 2020-21

Compliance

This section includes disclosures required by the Financial Management Act 1994 (Vic), the Architects Act 1991 (Vic), the Public Interest Disclosure Act 2012 (Vic), Disability Act 2006 (Vic) and the Freedom of Information Act 1982 (Vic). It also includes voluntary disclosure of additional regulatory compliance information.

Manner of establishment and Responsible Minister

The ARBV is established under the Architects Act 1991 (Vic). The Responsible Minister for the period from 1 July 2020 to 30 June 2021 was the Hon. Richard Wynne MP, Minister for Planning.

Accountability of the ARBV

Pursuant to section 46 of the Architects Act 1991 (Vic), the ARBV is required to exercise its powers and perform its duties under the Act.

Additionally, the ARBV is required to advise the Minister on the carrying out of its functions under the Act and on any other matter referred to it by the Minister and is subject to any specific written directions given by the Minister.

The ARBV is required under the Public Administration Act 2004 (Vic) to:

• Inform the Responsible Minister and the portfolio Secretary (Department Environment, Land, Water and Planning) of known major risks (significant or emerging) to the effective operation of the ARBV and of the risk management systems that it has in place to address those risks.
• Provide the Responsible Minister, unless prohibited from doing so by or under any law, with any information relating to the ARBV or its operations as he or she requests.

Ministerial Directions

No Ministerial Directions were given during the reporting year 2020-21.

ARBV’s powers and duties

The ARBV’s powers and duties are found in section 46 of the Architects Act 1991 (Vic).

Subsequent events

The coronavirus (COVID-19) pandemic has created unprecedented uncertainty of the economic environment. Actual economic events and conditions in future may be materially different from those estimated by the entity at the reporting date. In the event the coronavirus (COVID-19) pandemic impacts are more severe or prolonged than anticipated, this may have further impacts on the entity.

In assessing the impacts of coronavirus (COVID-19) on ARBV as a going concern, VAGO concluded that due to the nature of ARBV’s operations, coronavirus (COVID-19) represented an insignificant impact on ARBV.

As at the date of signing, there were no subsequent events after balance date expected to have a material effect on the financial statements of ARBV that are not otherwise disclosed in the financial statements and notes.

Significant changes or factors affecting performance

There were no significant changes or factors affecting ARBV’s performance during the reporting period. Remote working by staff and other measures allowed ARBV to operate without significant impacts on its performance.

Access to information

The ARBV discloses information online and via printed publications. It also provides information services in person and/or by phone, annual report and website.

Government advertising expenditure

There were no advertising campaigns with a media spend of $100,000 or greater.

Asset Management Accountability Framework (AMAF) maturity assessment

The following summarises the ARBV’s assessment of maturity against the requirements of the Asset Management Accountability Framework (AMAF). The AMAF is a non-prescriptive, devolved accountability model of asset management that requires compliance with 41 mandatory requirements.

The ARBV’s target maturity rating is ‘competence’, meaning systems and processes fully in place, consistently applied and systematically meeting the AMAF requirement, including a continuous improvement process to expand system performance above AMAF minimum requirements.

Compliance and Maturity rating tool

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Disclosure of major contracts

The ARBV did not enter into any major contracts during 2020-21.

A major contract is a contract entered into during the reporting period valued at $10m or more.

Public Sector Values and employment principles

The ARBV has embedded the employment principles as set out in section 8 of the Public Administration Act 2004 (Vic) (PAA) into its Human Resources Policies and Procedures Manual. The manual’s employment policies and practices are consistent with the principles e.g. merit and equity with regards to selection processes to ensure that applicants are assessed and evaluated fairly and equitably based on key selection criteria and other accountabilities without discrimination.

The ARBV has adopted and published for the purposes of its Corporate Plan for 2019 to 2022, the Victorian Public Sector Values of:

• Responsiveness
• Integrity
• Impartiality
• Accountability
• Respect
• Leadership
• Human Rights

Workforce data

Appendix 2 provides details of the 2020-21 workforce data for the ARBV.

See Workforce data.

Occupational health and safety

The goal of the ARBV’s occupational health and safety (OH&S) policy is to ensure all staff (and others accessing the ARBV’s premises) remain safe and healthy at work with a continued commitment to OH&S compliance, active risks and hazards assessment and control.

The ARBV’s OH&S management system which is aimed at enhancing safety performance and ensuring safe systems of work requires an annual review (or more frequently if required e.g. office changes) of the identified hazards and safety risks and the procedures for dealing with the identified risks. A focus on mental wellbeing is also part of the ARBV’s strategy.

The ARBV’s target for 2020-21 was for zero OH&S incidents leading to claims which was achieved. No incidents, hazards or near misses were reported during the 2020-21 year.

Based on the 2020-21 claims experience and increased remuneration associated with additional staffing, the ARBV’s premium rate for 2021-22 is 0.5631%. This is below the applicable State Government Administration industry classification premium rate of 0.5790%, which is 2.74% better than the industry average.

Freedom of Information Act 1982

The Freedom of Information Act 1982 (Vic) (the Act) allows the public a right of access to documents held by the ARBV. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, Ministers and other bodies subject to the Act.

An applicant has a right to apply for access to documents held by the ARBV. This comprises documents both created by the ARBV or supplied to the ARBV by an external organisation or individual. Information about the type of material produced by the ARBV is available on the ARBV’s website under its Part II Information Statement.

The Act allows the ARBV to refuse access, either fully or partially, to certain documents or information.

Examples of documents that may not be accessed include but not limited to cabinet documents; some internal working documents; law enforcement documents; documents covered by legal professional privilege, such as legal advice; personal information about other people; and information provided to the ARBV in-confidence.

The Act allows for 30 days of Freedom of Information (FOI) processing times. However, when external consultation is required under subsections 29, 29A, 31, 31A. 33, 34 or 35, the processing time automatically reverts to 45 days. Processing time may also be extended by periods of 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the time frame for deciding a request.

If an applicant is not satisfied by a decision made by the ARBV, under section 49A of the Act, they have the right to seek a review by the Office of the Victorian Information Commissioner (OVIC) within 28 days of receiving a decision letter.

Making a request

FOI requests can be lodged in writing to the ARBV via email or post. An application fee of $30.10 applies. Access charges may also be payable if the document pool is large, and the search for material, time consuming.

Access to documents can also be obtained through a written request to the ARBV as detailed in section 17 of the Act.

When making an FOI request, applicants should ensure requests are in writing, and clearly identify what types of material/documents are being sought.

Requests for documents in the possession of the ARBV should be addressed to:

ARBV Registrar
Level 10, 533 Little Lonsdale Street
Melbourne 3000

You can also email registrar@arbv.vic.gov.au.

FOI statistics/timeliness

During 2020–21, the ARBV received 3 FOI applications, the details of which are as follows:

• one application received was a personal request
• one application received was a non-personal request
• one request was granted access in full within the requirements of section 21 of the Act
• one request was withdrawn, as the applicant was able to access the information via a certified extract of the register (see Regulation 19 of the Architects Regulations 2015).

One request remains the subject of a VCAT appeal.

Further information

Further information regarding the operation and scope of FOI can be obtained from the Act; regulations made under the Act; and ovic.vic.gov.au. The ARBV’s Part II statement can be found on the ARBV website.

Competitive neutrality policy

Competitive neutrality requires government businesses to ensure where services compete, or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest. Government businesses are required to cost and price these services as if they were privately owned. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in the provision of service.

The ARBV continues to comply with the requirements on competitive neutrality reporting as required under the Competition Principles Agreement and Competition and Infrastructure Reform Agreement.

Public Interest Disclosures Act 2012 (Vic)

The Public Interest Disclosures Act 2012 (Vic) encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act provides protection to people who make disclosures in accordance with the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

The ARBV does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct. It is committed to ensuring transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

The ARBV will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.

Reporting procedures

You can make a public interest disclosure about the ARBV or its board members, officers or employees by contacting IBAC:

• Address: Level 1, North Tower, 459 Collins Street Melbourne, VIC 3000
• Mail: IBAC, GPO Box 24234, Melbourne Victoria 3001
• Phone: 1300 735 135
• Website: https://www.ibac.vic.gov.au/
• Email: See the website above for the secure email disclosure process, which also provides for anonymous disclosures.

The ARBV is not able to receive public interest disclosures.

The ARBV has established procedures for the protection of persons from detrimental action in reprisal for making a public interest disclosure about the ARBV, its board members, officers or employees. You can access the ARBV’s procedures on our website.

Additional information available on request

In compliance with the requirements of the Standing Directions 2018 of the Minister for Finance, details in respect of the items listed below, where applicable to the ARBV, have been retained and are available on request, subject to the provisions of the Freedom of Information Act 1982 (Vic):

• details of publications produced by the ARBV about itself, and how these can be obtained
• details of major promotional, public relations and marketing activities undertaken by the ARBV to develop community awareness of the entity and its services
• details of changes in prices, fees, charges, rates and levies charged
• a statement on industrial relations within ARBV
• details of all consultancies and contractors, including consultants/ contractors engaged, services provided, and expenditure committed for each engagement.

The information is available on request from:

ARBV Registrar, Level 10, 533 Little Lonsdale Street, Melbourne 3000

You can also email registrar@arbv.vic.gov.au.

Additional information included in annual report

Details in respect of the following items have been included in the ARBV’s annual report, on the pages indicated below:

• a list of the ARBV’s major committees, the purposes of each committee, and the extent to which the purposes have been achieved (on page 90)
• statements of completion of declarations of pecuniary interests by relevant officers (on page 97)
• assessments and measures undertaken to improve the occupational health and safety of employees (on page 93)

Information that is not applicable to the ARBV

The following information is not relevant to the ARBV for the reasons set out below:

• declaration of shares held by senior officers (no shares have ever been issued in the ARBV)
• details of overseas visits undertaken (no ARBV board members or senior executives took overseas work-related trips)
• details of any major external reviews carried out on the ARBV (no major external reviews undertaken)
• details of major research and development activities undertaken by the ARBV (no major research and development activities undertaken).

Building Act 1993

The ARBV does not own or control any government buildings and consequently is exempt from notifying its compliance with the building and maintenance provisions of the Building Act 1993 (Vic).

Local Jobs First Act 2003

The Local Jobs First Act 2003 (Vic) introduced in August 2018 brings together the Victorian Industry Participation Policy (VIPP) and Major Project Skills Guarantee (MPSG) policy which were previously administered separately.

Departments and public sector bodies are required to apply the Local Job first policy in all projects valued at $3 million or more in Metropolitan Melbourne or for state-wide projects, or $1 million or more for projects in regional Victoria.

No procurements initiated by the ARBV in 2020-21 were assessed as falling within the Local Jobs First Policy.

Disability Act 2006

The Disability Act 2006 (Vic) reaffirms and strengthens the rights of people with a disability and recognises this requires support across the government sector and within the community.

Absolutely everyone: State disability plan for 2017-2020 is the Victorian Government’s framework for enabling people with disability to participate and contribute to the social, economic and civic life of their community. Over time the government will consider ways to align disability action plans to the state plan.

The ARBV has a Disability Action Plan in place approved by the Board. Consistent with the plan the ARBV’s Human Resources policies e.g. Workplace Health and Safety and Equal Opportunity recognise and seek to address the rights and needs of people with disabilities.

This is exampled by an organisational disability employment strategy where the ARBV will make reasonable adjustments for a person with a disability to ensure an inclusive and disability equitable workplace. Those adjustments include where:

• a person with a disability who applies for a job, is offered employment, or is an employee, and requires the adjustment in order to participate in the recruitment process or perform the genuine and reasonable requirements of the job
• it is necessary to ensure employees with a disability can work safely and productively
• flexibility in the working arrangements is required for example where employee is the carer of a child under 18 with a disability.

Environmental and social impacts

The ARBV is committed to reducing its environmental footprint and promoting awareness and participation amongst its employees. The use of recycled paper together with the emphasis on electronic document management and a “paperlite” approach is reducing paper and storage. Wastepaper is binned for recycling and used printer cartridges are disposed of via Planet Ark.

The ARBV uses a not-for-profit service provider who help job seekers to find work with inclusive employers who recognise and value diversity. This service includes cleaners who use environmentally safe products.

The ARBV will continue to also invest in green deposits which are deposits issued by the provider to invest in environmentally beneficial projects and initiatives.

Declarations of pecuniary interests

All ARBV officers exercising a financial delegation have completed a declaration of pecuniary interest in accordance with the ARBV delegation’s policy.

Consultancy expenditure

Details of consultancies (valued at $10,000 or greater)

In 2020-21, there were 6 consultancy engagements for which services were provided during the reporting period that were individually valued at $10,000 or greater (excluding GST).

The total expenditure incurred during 2020-21 in relation to these consultancies was $140,652. Details of individual consultancies are outlined below and can also be obtained at ARBV’s website (www.arbv.vic.gov.au).

Details of consultancies under $10,000

In 2020-21 there were 3 consultancies engaged during the year, where the total fees payable to the individual consultancy was less than $10,000. The total expenditure incurred during 2020-21 in relation to these consultancies was $7,790 (excl. GST).

ARBV Chairpersons and Registrars since 1923

ARBV Chairpersons and Registrars since 1923