Tut 1

Not looking at First Nations Law.
Australia was a series of six settlements, evolved into states with local government.
In 1901, Australia federated, creating a federal government for defense, taxation, etc.
In 1910, ACT and Northern Territory were created.

The Australian constitution sets out rules controlled at a state, national or federal, and local level.
Trade and commerce is regulated at a state and territory level, where the construction industry sits. Architecture is within the construction industry and is regulated at a state and territory level.
Architects Acts are individual to each state and territory but perform the same function.
Architects Acts are consumer protection legislation.

Community express the need for laws.
State government drafts a bill, which is introduced to the lower house of parliament.
The bill gets read and goes out for community comment.
It receives royal assent from the Governor General and is enacted, with a commencement date.
The original Architects Acts were written in the 1920s, predate all the building legislation by about 50 years.
The purpose of the Architects Act is to control the behavior of architects and the use of the term "architect."

The Act creates a body, the registration board, and, gives it power equivalent to the state government.
The board members make high-level decisions about direction, compliance, and complaints.
The CEO equivalent in the board is the registrar, employed by the board with supporting staff.
Registration boards are self-funded government bodies (qongos) that get funds from registration fees.

The boards created AACA to deals with immigration assessments, skills assessments for immigration, mutual recognition, overseas qualification assessment, and pathways to registration.

The architects' registration board writes regulations which are detailed rules with the power of the state government.
A register is a list of licensed architects; some states/territories also have a register of architectural entities.
Registers of practicing individuals and, of non-practicing individuals exist.

Compliance involves ensuring architects on the register comply with regulations and the Act.
The public can complain to the board, but this is not suing; that's a separate common law action.
The board reviews complaints; actions vary by state/territory.
The board informs the public, that there is a licensing regime, and they should check credentials.

In every state and territory, a legislation regulates building.
Building legislation sets up a body (building commission, QBCC, etc.) that writes building regulations.
The National Construction Code must be complied with.
Registers include domestic builders, gas fitters, electricians, and contractors.
They do the same thing, make sure that all the people with licenses comply with the rules.

There is separate legislation to the building regulations for people's homes.
The most important asset is the home for most people and the consequences that could arise from it are terrible.
Additional rules exist about contracts, deposits, and defect obligations.
Builders must have insurance to cover defects.

Professional bodies (e.g., Australian Institute of Architects, Association of Consulting Architects, ArchiTeam) provide services to members, advocate, and offer resources.
They do not provide licenses; only the architect's registration board provides architecture licenses.

Once licensed, an architect's behavior is controlled by the Architects Act, taxation legislation, copyright legislation, and, consumer legislation
Liability under contract extends for the life of the contract plus a window of time.
The window of time: six to seven years, depending on the state and territory.
Architects have a duty of care to provide services and advice to a reasonable standard.
Tortious liability: Liability for a wrong causing damage or loss; includes the tort of negligence.
The tort of negligence applies to anyone with a license who fails their duty of care.
Concurrent wrongdoers: Other parties doing wrong at the same time can be held jointly liable, and liability is apportioned.
The boat owner also has a time limit, six years, to file that tortious claim. No matter the architect has retired or not.
This diagram that there doesn't apply to West Australia and Queensland, because they have other rules which are

Legislation limits building actions ten years from when the building could be occupied.
However, there are not established rules, if someone is injured, the legislation is silent about whether the architects would be protected.
These rules are designed for help insurance industry to bring protection.

PI is a type of liability insurance that provides coverage to professionals. It covers claims made by clients due to alleged negligence, errors, or omissions.
The insurer makes an evaluation of how risky you are to them and your will reflect your policy costs will be reflected in there.
PI covers legal costs, defense, expenses, and compensation if you are found liable.
PI is required in all jurisdictions except ACT and Northern Territory.
Jurisdictions also need a certificate of currency to keep the boards happy with the amount one is covered.
Employees are covered by their employer's PI insurance.
Contractors need to have their own PI insurance.
Advise insurers if any circumstances may rise to a claim, the same would need to provide professional advice if needed.
When an insurance renewal is required, it's important to advise your insurer's the conditions.
Continuous cover is super critical, otherwise you may not be covered.
Runoff insurance: Take out insurance for a number of years once you've retired.
Pl insurance WON'T cover you for fee disputes
For all architects is responsibility to not to let other employees to do hard surgery