Investigations and referrals
If we receive a complaint about an architect's conduct or if we suspects an architect has done something wrong, we can investigate the architect's conduct.
An investigation typically takes at least 3 months. We will typically request information from various sources during an investigation, including documents from the:
- their clients
- local councils
- other regulators.
If we find evidence that an architect has done something wrong, we may refer the architect to the Architects Tribunal for an inquiry.
Find out more about the Architects Tribunal.
Conduct that may be investigated
We can investigate an architect if we suspect the architect has:
- engaged in unprofessional conduct
- been careless or incompetent in their practice
- failed to meet the professional standards expected of architects in Victoria
- breached or failed to comply with the Architects Act
- breached or failed to comply with section 16(4) of the Building Act
- breached or failed to comply with section 16(4A) of the Building Act – this only applies if the architect is the builder named in the building permit
- been convicted of an indictable offence in Victoria (or committed an offence elsewhere, that would be considered an indictable offence if they committed it in Victoria)
- obtained registration by fraud, misrepresentation, or concealing facts.
Information gathering powers
While we will typically request information or documents in the first instance, it may use its information gathering powers based on the assessed risk.
Subject to section 17B of the Act, the ARBV has the power to compel the production of information or documents:
- if it has reasonable grounds to suspect that an architect has breached the Act or Regulations
- to determine whether the Act or Regulations have been complied with
- to assist in the enforcement of any profession conduct and practice standard
- to assist it in determining whether an architect's professional conduct or fitness to practice should be referred to the Architects Tribunal.
Penalties apply for refusal to comply with a notice requiring production of information or documents without a reasonable excuse.
Reviewed 11 May 2021