The Architects Amendment Act 2020 , the amendments from the Occupational Licensing (Automatic Mutual Recognition Consequential Amendments) Bill 2022 and the new Architects Regulations 2023 commence on 1 November 2023.
These amendments are the first amendments to the Architects Act since 1984 and the most significant changes since the Architects Act 1929 was originally enacted.
The Board first wrote to the Minister of the day in February 1994 with a request to update the Act in line with guidelines for a Model Act produced by the Architects Accreditation Council of Australia.
The main changes contained in the Amendment Act and new Regulations include the strengthening the Board’s complaints and disciplinary procedures, the introduction of Continuing Professional Development (CPD) and Professional Indemnity Insurance (PII) requirements, adoption of a Code of Practice by the Board and allowing the Board to create Classes for registration with different requirements including the registration of architectural firms.
Architects and Architectural Firms will need to apply to be registered in the appropriate Class by 15 October 2023 to enable their registration in the Class to be approved prior 1 November 2023.
The initial Classes are:
Practising Architect
- required to be covered by sufficient Professional Indemnity Insurance(PII) *,
- comply with the Code of Practice
- comply with the Board’s CPD requirements
Non-practising Architect
- can apply to the Board for an exemption from PII requirements
- comply with the Code of Practice
- comply with the Board’s CPD requirements
- (retired architects can apply for an exemption)
Practising Architect (AMR)
- AMR legislation complying interstate architect
- required to be covered by sufficient Professional Indemnity Insurance*,
- comply with the Code of Practice
- comply with Board’s CPD requirements
- No fee required
Architectural Firm
- required to have at least one Tasmanian registered architect in the Class Practising Architect or Practising Architect (AMR) be nominated as a responsible architect
- required to be hold sufficient Professional Indemnity Insurance*,
Registration of Architectural Firms
To increase consumer protection and awareness of who are the responsible architects within a firm, the changes to the legislation introduces the requirement for all firms offering architectural services and using the term architect, architectural or a derivative of those terms to be registered. As AMR legislation only applies to individuals and not firms, all firms offering architectural services in Tasmania need to apply for registration.
An Architectural Firms application for registration Form needs to be submitted prior to 15 October 2023 to enable processing by 1 November 2023.
An architect or architects registered in Tasmania in the Class of Practising Architect or Practising Architect (AMR) may apply on behalf of an architectural firm for the firm to be registered in the Class Architectural Firm. The application is to provide details of the firms professional indemnity insurance and a list of architect employees/partners/directors/beneficiaries covered by the insurance to overcome the need for each architect to provide details.
*Professional Indemnity Insurance – Clause 18 of the Code of Practice
18 Architects to be registered need a sufficient level of professional indemnity insurance
Under Section 16 of the Architects Act, the Board is not to register a person as an architect, or renew the registration of an architect, unless the Board is satisfied that the person has a sufficient level of professional indemnity insurance.
An architect must have insurance cover to meet all obligations and, in all circumstances, they are required to have a minimum of $ 1 million cover.
When you decide to cease practice in Australia, you must take out appropriate run-off cover for matters that would otherwise be uncovered arising from previous practice as a registered architect.
At the time of registration, an architect will need to provide a declaration that:
“In signing this declaration, I acknowledge that a failure to have and maintain a sufficient level of professional indemnity insurance coverage may result in disciplinary action. Not being covered by professional indemnity insurance will result in immediate suspension of registration.”
A person who is required to have professional indemnity insurance must notify the Board of any significant change in his or her professional indemnity insurance within 7 days of that change occurring, for example, on the change of employment.
Without limiting the circumstances in which the Board may be satisfied that a person has a sufficient level of professional indemnity insurance, a person is taken, for the purposes of this Act, to have a sufficient level of professional indemnity insurance if –
(a) he or she is employed or engaged by an architectural firm or authority to carry out architectural work; and
(b) an insurance policy held by that architectural firm or authority covers that work,
however, it is still the responsibility of the architect to ensure they are covered by a sufficient level of insurance and ensure evidence of the cover is provided to the Board.
At the time of a professional indemnity insurance audit, architects and architectural firms will be required to provide a list of projects including value of the projects and a certificate of currency.
Registration and other Forms
Practising Architect – Application Form (for currently register architects)
Practising Architect – Application Form (for new registrations)
Please note, the annual registration fee is for a calendar year or part thereof
Non-practising Architect – Application Form
Practising Architect (AMR) – Application Form
Architectural Firm –
Exemption from Professional Indemnity Insurance Requirements – Application Form
Exemption or reduction in CPD requirements – Application Form
Registration and other Fees
The new Regulations includes fees at the same level as previous, however with the Board taking on additional responsibilities including strengthened complaints and disciplinary processes, ensuring all architects and firms have a sufficient level of professional indemnity insurance, and comply with the Code of Practice including continuing professional development requirements, the fees will be reviewed to ensure the Board is financially viable in the long term.
To ensure the Board remains financially viable in the short term, the Tasmanian Government has provided a Grant to the Board while it undertakes a review of all fees relating to Occupational Licensing.
Duplication of Registration and Licensing with CBOS
With the amendments to the Act becoming operational, all the requirements for licensing with CBOS will be covered by the Architects Act. The Board is in discussion with the Department of Justice regarding making the necessary changes for the Board to become the primary body to regulate architects in Tasmania and to overcome the need for architects to be regulated by two bodies.