Action against architects
As set out under Breaches of the Architects Act, the Board may take disciplinary action against and impose penalties on architects guilty of unsatisfactory professional conduct. It must refer those it finds guilty of professional misconduct to the Administrative Decisions Tribunal for disciplinary action. The Board also penalises individuals or firms who represent themselves or others as an architect when they are ineligible to do so.
The definitions of these offences are given under "Breaches of the Architects Act". The process for making complaints about these offences is set out under Complaints procedure and hearings.
What follows is an outline of the disciplinary actions and penalties applying to offences under the Act.
Unsatisfactory professional conduct
Section 43 of the Architects Act gives the Board the power to make a disciplinary finding that an architect is guilty of unsatisfactory professional conduct, and to take disciplinary action against the architect. Disciplinary actions the Board may take for this breach are also set out under s. 43. They comprise:
• reprimanding or cautioning the architect
• ordering that part or all of payment for the relevant architectural services be withheld or refunded
• imposing conditions on the architect's registration
• fining the architect a maximum of $1,650
• ordering that the architect complete educational course/s specified by the Board
• ordering that the architect report on their practice in a specified manner
• ordering that the architect seek and take advice on the management of their practice from specified person/s.
Alternatively, the Board may apply to the Administrative Decisions Tribunal (ADT) for a disciplinary finding of unsatisfactory professional conduct. Under s.47 of the Act, the ADT may take various disciplinary actions against the architect if found guilty. These include those set out in the preceding paragraph, with the additional option that the ADT may impose a maximum fine of $22,000.
Professional misconductIf the Board is satisfied that the architect is guilty of the more serious breach of professional misconduct (as opposed to unsatisfactory professional conduct), the Board must apply to the ADT for a disciplinary finding. If the Tribunal finds the architect guilty, it may suspend the architect from the Register for a specific period, or cancel the architect's registration under s.47 of the Architects Act.
Representing as an architect
The Board imposes penalties against individuals or firms who represent themselves or others as an architect when they are not on the Board's Register or Architects or List of Architect Firms and Corporations. Penalties for these offences are prescribed under s. 9 and 10 of the Architects Act. The maximum penalty is $11,000 in the case of an individual or $22,000 in the case of a corporation or firm.
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