Minister's Statement of Expectations for the ARBV

The Statement of Expectations identifies opportunities for the ARBV to incorporate better-practice approaches and targets into its regulation of the architectural industry.

I request that the ARBV incorporates these expectations into its business plans and includes milestones for when those expectations will be met. ARBV business plans should also include appropriate milestones to review the content of this letter and to advise me when it needs to be updated or renewed.

I further request that the ARBV, in conjunction with DTP, undertakes a light touch review of the expectations in this letter as part of its annual reporting obligations and to advise me if there are any refinements the ARBV would recommend.

The Hon Sonya Kilkenny MP

Minister for Planning 

Minister responsible for the Architects Registration Board of Victoria

In accordance with good regulatory practice elements the ARBV will undertake the following activities to achieve required performance targets and improvements.

Improving timeliness by:

• developing and implementing a Service Charter setting out ARBV’s service commitment and defining response times to improve quality of service.

Applying risk-based strategies to improve regulatory outcomes including:

• further developing risk profiles based on areas of concern for possible harm
• developing focused strategies that address the most significant and emerging compliance issues
• completing and bringing into operation the Performance Monitoring Framework
• assessing and reporting on how outcomes have aligned with the ARBV’s strategic priorities.

Commitment to accountability and transparency:

• publishing a public-facing Regulatory Strategy with a clear definition of how ARBV administers regulation and how regulation is enforced
• establishing digital mechanisms for receiving feedback
• defining a clear purpose for all information collected
• reporting and publishing key regulatory trends and insights
• undertaking surveys and other targeted activities to understand regulatory issues that will inform future regulatory activities.

Continuing cooperation among regulators to strengthen relationships and improve outcomes:

• preparing instruments to clarify regulator roles where there are shared accountabilities
• promote coordination between regulators.

Stakeholder consultation and engagement:

• reviewing all stakeholder engagement forms, data requests and other registration and compliance processes to consider the extent to which they can be digitised to ensure relevancy and efficiency in the future.

Role clarity:

• providing information for consumers in plain English explaining the difference between the role of architects and other design professionals
• ensuring adequate information is available to consumers to understand the design process.

Issued: September 2021

The ARBV committed to fulfilling its core regulatory functions in 2019-2021 to achieve its purpose 'to protect the community interest and instil confidence in the regulation, integrity, and delivery of architectural services in Victoria’. The ARBV also set an ambitious reform agenda to strengthen the delivery of its regulatory functions. Significant changes have been made to its regulatory strategy, policies, procedures, systems and organisational structure to ensure ARBV achieves best practice regulation.

In implementing this reform agenda, the Board has been mindful of the Minister for Planning’s Statement of Expectations (SOE) identifying key elements of governance and operational performance for improvement to promote greater efficiency and effectiveness in the administration and enforcement of regulation, thereby reducing costs to business and the community.

In addition to responding to specific performance measures and targets set out in the SOE, ARBV has also initiated amendments to the Architects Act 1991 to give new powers to the ARBV and assist in maintaining ARBV’s modern regulatory approach. Legislative amendments came into effect in July 2020, and ARBV is committed to continuing to work with the Department of Environment, Land, Water and Planning (DELWP) to bring about future legislative amendments and reform that can assist in improving regulation for architects.

The ARBV will report against the performance measures and targets set out in the SOE in its Annual Report, but with the membership of the ARBV Board changing in July 2021, it is timely to review what has been achieved by ARBV in response to the SOE over the last two years.

ARBV’s achievements over the last two years to improve regulatory practices for the architectural profession include:

Improving timeliness

• By implementing a client focused digitally enabled system that is operating effectively – A new Client Relationship Management (CRM) system was delivered in May 2021 and delivers a fit-for-purpose solution that enables enhancement of the delivery of the ARBV’s regulatory core functions.

Applying risk-based strategies to improve regulatory outcomes

• By implementing a risk-based Regulatory Strategy – ARBV’s Regulatory Strategy was first introduced in 2018 and was revised in 2021. The Regulatory Strategy ensures best practice regulation that keeps pace with sectoral changes and focuses on key current risks. The Regulatory Strategy encompasses:
  
   
  • Statement of Regulatory Approach - published in June 2021, updating an earlier version published in 2019.
  • Risk Profiles – a framework to establish risk profiles for regulated entities to enhance application of ARBV’s risk-based approach, has been developed and will come into effect in FY 2021/22. Profiling will be further developed and refined in the next 12 months as increased data is collected and analysed.
  • Focused strategies – ARBV’s regulatory activities and resources are focused in areas where the risk of non-compliance – that is, the probability and impact of non-compliance – is greatest. The higher the risk associated with non-compliance, the more serious, resource intensive and timely the regulatory response. This approach ensures the objectives underlying the regulatory framework are met, while avoiding undue burden on regulated entities. At the beginning of FY 2021/22, ARBV will launch a new proactive campaign, which focuses on key current risks. The campaign includes engagement with consumers to raise awareness of the ARBV and of consumers’ rights, particularly in compliance areas where the risk of non-compliance by architects has been assessed by the ARBV as relatively high. The proactive strategic plan will be reviewed annually and refined as increased data is collected and analysed, addressing trends and changes to existing and emerging compliance issues. ARBV’s capability for data collection and analytics is significantly improved by the implementation of the CRM.
    
    ARBV is developing surveys to obtain feedback from consumers, regulated entities and other relevant stakeholders on ARBV’s performance as a regulator and this will feed into the Performance Monitoring Framework which will come into effect in FY 2021/22. The Framework establishes a performance monitoring plan to measure performance results and how they have aligned with strategic priorities and these outcomes will be reported on by ARBV.

Providing compliance-related assistance and advice

• By implementing a new website that supports architects in meeting their compliance obligations – ARBV’s new website was launched in May 2021 which is integrated with the CRM and is more navigable and user friendly, sharing the Victorian Government Single Digital Presence platform.
   
• Guidance material made available on the website – ARBV Architect Guidelines have been developed and published. Information and material are also featured in the ARBV quarterly newsletter, which is published on the website. As a core aspect of the ARBV’s approach to proactive regulation is to provide regulated entities with education and assistance to enhance compliance with the regulatory framework, an increase in guidance and educative materials will be available to architects in FY 2021/22.
   
• Guidance and assistance made available to consumers and community more generally – The new website better enables ARBV to provide accessible information for the assistance and guidance of consumers and community more generally, this includes links to other agencies that may be able to assist/provide resources. ARBV has also been co-operating in DELWP sponsored programs for the benefit of increasing information and support to consumers. In addition, through consumer and other stakeholder surveys, ARBV is planning to raise awareness and gain feedback about its role and consumer expectations about professional conduct of architects that will help to inform its regulatory activities, including provision of guidance and assistance.

Continuing cooperation among regulators to strengthen relationships and improve outcomes

• By active participation in meetings with co-regulators – ARBV actively participates in meetings with co-regulators.
   
• By establishing information sharing agreements with co-regulators – An Information Sharing Agreement (ISA) is in place with the Victorian Building Authority (VBA) and opportunities to establish ISAs with other co-regulators such as Fire Rescue Victoria (FRV) are being explored.
   
• By establishing a National Registrars Forum comprising regulators of Australian architects in other jurisdictions – A regulatory forum for regulators of architects in other Australian jurisdictions is hosted by ARBV on a quarterly basis.

Commitment to accountability and transparency

• By establishing an industry and consumer forum – Due to coronavirus (COVID-19), ARBV is taking a more innovative and targeted approach and has been preparing to administer surveys followed by targeted meetings to obtain feedback from stakeholders, including from industry and consumers, about its regulatory activities and the effectiveness of its regulatory strategy. This feedback will also be used to inform the format of future feedback and forum activities. The ARBV considers this approach will be more effective and likely to result in greater reach and responses from a broader cross-section of people.

Stakeholder consultation and engagement

• By implementing a Communications and Stakeholder Engagement Strategy – A Communications and Engagement Strategy has been developed and implemented, with a revised and refined multi-year Communications and Stakeholder Engagement Strategy planned in 2022.