Registered Architects Amendment Rules 2017

5 Part 3 replaced

Replace Part 3 with:

Part 3 Code of minimum standards of ethical conduct for registered architects

46 Uphold the law

A registered architect must abide by the laws and professional codes of ethics and conduct in force in the countries and jurisdictions in which the architect performs professional activities.

47 Honesty and fairness

A registered architect must perform the architect’s professional activities with both—

(a)

honesty; and

(b)

fairness.

48 Professional judgement

A registered architect must exercise unprejudiced and unbiased professional judgement.

49 Skill, care, and diligence

(1)

A registered architect must perform the architect’s professional activities with reasonable skill, care, and diligence.

(2)

A registered architect who becomes aware that the architect’s professional advice has not been followed, and considers that a failure to follow that advice may lead to significant harm, damage, or financial loss, must advise the recipient of the advice of the potential consequences.

50 Obligations to report on risk

If a registered architect has reasonable grounds to believe that an architectural matter with which the architect is professionally involved could put the safety of any person at risk, the architect must bring the matter to the attention of the appropriate person or authority.

51 Misrepresentation

A registered architect must not represent or promote the architect’s capability, business, or professional services and activities in a false, fraudulent, misleading, or deceptive manner.

52 Conflicts of interest

A registered architect must—

(a)

avoid any significant conflict of interest; or

(b)

manage any significant actual or potential conflict of interest and disclose it to all relevant parties.

53 Abuse of authority

A registered architect must not abuse the architect’s professional authority.

54 Malicious criticism

A registered architect must not maliciously or in bad faith criticise or attempt to discredit another registered architect or another registered architect’s practice.

55 Conflicts of professional appointment

If a registered architect, acting in the architect’s own capacity or representing a practice, is approached to provide professional services in relation to a project, and the architect knows that another registered architect has a current agreement for services for that project, the architect must notify the other registered architect.

56 Remuneration and inducements

A registered architect, in respect of the architect’s professional activities,—

(a)

must be remunerated solely by the fees and benefits specified in the architect’s written terms of appointment or employment agreement; and

(b)

must not offer or accept any significant inducement that creates, or may create, a conflict of interest; and

(c)

must not offer any significant inducement to procure an agreement for services or gain an unfair advantage.

57 Professional reputation

A registered architect must—

(a)

build the architect’s professional reputation on the merits of the architect’s own performance; and

(b)

acknowledge the contributions of others to projects where those contributions are significant.

58 Competence

A registered architect must—

(a)

actively maintain the currency of the architectural knowledge and skills that are relevant to the architect’s work; and

(b)

perform only architectural work for which the architect is competent, or obtain appropriate support to ensure that the work is completed to a competent standard; and

(c)

if the architect tasks others to do architectural work, ensure that their work is appropriately supervised so that the work is completed to a competent standard.

58A Terms of appointment

(1)

A registered architect must provide professional services only if—

(a)

written terms of appointment appropriate to the commission or services to be undertaken have been provided; and

(b)

the client, having agreed to the written terms of appointment, has provided an instruction to proceed.

(2)

The written terms of appointment must cover—

(a)

the scope of the work; and

(b)

the allocation of responsibilities; and

(c)

any limitation of responsibilities; and

(d)

fees, or any methods for calculating fees; and

(e)

how billing will occur.

58B Client communication

A registered architect must—

(a)

ensure that, where applicable, effective systems are in place during a commission to establish and monitor its quality, budget, cost estimates, and time line; and

(b)

advise the client in a timely manner of any significant issues that arise, or are identified, at any time during the commission.

58C Confidentiality

A registered architect must observe the confidentiality of their clients’ affairs and must not disclose confidential information without the prior consent of the client unless required by law to do so.

58D Registration status of others

A registered architect who owns, manages, or controls a practice must ensure that nothing is done by the practice that creates, or may create, the impression that an unregistered person working for the practice is a registered architect.