The Architects Cde f Cnduct This Cde f Cnduct was apprved n 29 Octber 2012 by the Minister fr Husing and Urban Develpment as required by the Architectural Practice Act 2009. This Cde f Cnduct is mandatry fr all registrants. A breach f the Cde by a registered persn r business may be cnsidered unprfessinal cnduct. Any cmments in relatin t this Cde f Cnduct shuld be in writing and directed t:- The Registrar Architectural Practice Bard f Suth Australia GPO Bx 1270 ADELAIDE SA 5001 E: registrar@archbardsa.rg.au VERSION: 01/11/2012 H:/ADMWORD/Bards/ARCHBD/Website/Website Attachments The Architectural Practice Bard f Suth Australia ABN 20 167 920 248 GPO Bx 1270, Adelaide SA 5001 Level 1/67 Greenhill Rad Wayville SA 5034 T 08 8373 2766 F 08 8372 6677 E: registrar@archbardsa.rg.au www.archbardsa.rg.au
Cde f Cnduct Intrductin This Cde f Cnduct sets ut the standards f prfessinal cnduct and practice expected f persns, bdies crprate r partnerships registered as architects under the Suth Australian Architectural Practice Act 2009. The Cde is intended t: assist architects t act prfessinally and ethically in the prvisin f architectural services; uphld and maintain public cnfidence in the architecture prfessin; detail the bligatins impsed upn architects relating t the prvisin f services and the cnduct expected f architects. Architects are expected t be guided in their prfessinal cnduct and wrk by the spirit f the Cde as well as by its express terms. Failure t cmply with the Cde may cnstitute unprfessinal cnduct fr the purpses f the Act and be grunds fr disciplinary actin. The fact that a curse f cnduct is nt specifically referred t in the Cde, r des nt cnstitute a breach f an express term f the Cde, des nt mean that it cannt frm the basis f disciplinary prceedings. Imprper cnduct in a private capacity may als be held t be unprfessinal cnduct. In this Cde: Act means the Architectural Practice Act 2009 (SA) Architect (whether capitalised r nt) means a persn, bdy crprate r partnership registered under the Act. Bank may als mean a similar institutin. Client means the persn r bdy t whm the architect agrees t supply services r gds. Bard means the Architectural Practice Bard f Suth Australia. Registrar means the Registrar f the Architectural Practice Bard f Suth Australia. Principal is the architect in cntrl and management f all the relevant architectural wrk A wrd in the singular shall be taken as including the plural; and a wrd in the plural shall be taken as including the singular, unless therwise specified. Architects are expected t meet the fllwing Standards: Standard 1 - Be hnest and act with integrity Standard 2 - Be cmpetent Standard 3 - Prmte their services hnestly and respnsibly Standard 4 - Manage their businesses cmpetently Standard 5 - Cnsider the wider impact f their wrk Standard 6 - Carry ut their wrk faithfully and cnscientiusly Standard 7 - Be trustwrthy and lk after clients mney prperly Standard 8 - Have apprpriate insurance arrangements Standard 9 - Maintain the reputatin f the architecture prfessin Standard 10 - Deal with disputes r cmplaints apprpriately Standard 11 - C-perate with regulatry requirements and investigatins Standard 12 - Have respect fr thers 1
Standard 1 Hnesty and Integrity 1.1 Architects must act at all times with hnesty and integrity and avid any actins r situatins which are incnsistent with their prfessinal bligatins r culd diminish public cnfidence in the architecture prfessin. This standard underpins the Cde and will be taken t be required in cnsideratin f all cnduct under any aspect f this Cde. 1.2 Architect shuld nt make any statement in any medium, including electrnic, written r verbal, which is cntrary t that architect s prfessinal pinin r which they knw t be untrue, misleading, r which may discredit the prfessin. 1.3 Where a cnflict f interest arises, architects are expected t disclse that cnflict in writing and manage it t the satisfactin f all affected parties. The architect shuld seek written cnfirmatin that all parties invlved give their infrmed cnsent t the architect cntinuing t act. If there is any situatin which might give rise t a cnflict f interest r cmprmise the independence f the architect (such as where the architect has an interest in a supplier r building cmpany) the architect must disclse that cnflict in writing t the client. 1.4 Where architects make r receive any payment r ther inducement fr the intrductin r referral f wrk r fr the recmmendatin r specificatin f any gds, equipment r materials, they shuld disclse the arrangement t the client r prspective client at the cmmencement f the architect s engagement. 1.5 Where architects are engaged in any frm f cmpetitin t win wrk r awards, they shuld act fairly and hnestly with ptential clients and cmpetitrs. Standard 2 Cmpetence 2.1 Architects are expected t deliver architectural services cmpetently, diligently and in a timely manner and t apply in their wrk prfessinal standards f skill, knwledge and care. If an architect engages thers t d wrk that architect shuld ensure that they are cmpetent and adequately supervised. 2.2 Architects are expected t make apprpriate arrangements fr their prfessinal wrk in the event f incapacity, retirement, death, absence frm, r inability t, wrk. 2.3 Architects are expected t ensure that they have the necessary cmmunicatin skills and lcal knwledge t discharge their respnsibilities. 2.4 Architects are expected t keep their knwledge and skills relevant t prfessinal wrk up t date and be aware f: 2.4.1 The Bard s requirements in relatin t cntinuing architectural educatin as published frm time t time; and 2.4.2 the cntent f the Act and all ther legislatin relevant t the practice f architecture; and 2.4.3 any cdes f cnduct, standards, guidelines r ther infrmatin issued by the Bard frm time t time. 2.5 Architects must carry n business and prvide services in accrdance with the Act, this Cde and all ther legislatin including with legislatin and cdes in frce in any jurisdictin in which architectural services are prvided. Standard 3 Hnest prmtin f services 3.1 Architects are expected t prmte prfessinal services in a truthful and respnsible manner that is nt misleading and cmplies with the cdes and principles f the Advertising Standards Bureau. Architects must avid making misleading r false cmparisns with services prvided by cmpetitrs, and shuld include their registratin number in any advertising material and ther crrespndence and dcumentatin. 2
3.2 Architects wh are principals in a practice are expected t ensure that all architectural wrk is under the cntrl r management f ne r mre architects, and that their names are made knwn t clients and any relevant third party. The client shuld be ntified prmptly f any change in the architect respnsible fr the wrk. 3.3 Architects must nt permit their names t be used in relatin t any wrk, dcument r publicatin t misleadingly imply authrship f, r respnsibility fr the cntent r frm f the wrk, dcument r publicatin. 3.4 Architects must nt hld ut, r permit the hlding ut, as an architect any persn wh is nt a registered architect as defined in the act. Further architects must nt sign as checked, apprved r supervised any drawings r ther dcuments which they have nt checked, apprved r supervised. Where services are being prvided by any persn wh is nt a registered architect as defined in the Act, as an emplyee f, r under the supervisin f an architect, the client must be infrmed f that fact, and the architect must ensure that nly a registered architect signs any dcumentatin which describes the signatry as architect r where the signature f an architect is required. Standard 4 Cmpetent management f business 4.1 Architects are expected t have effective systems in place t ensure that their practices are run prfessinally, that prjects are regularly mnitred and reviewed, and that clients are kept adequately infrmed abut the prgress f their prjects. 4.2 Architects shuld ensure that they are able t prvide adequate prfessinal, financial and technical resurces when entering int a cntract and thrughut its duratin. 4.3 Architects shuld ensure that adequate security is in place t safeguard bth paper and electrnic recrds fr their clients, taking full accunt f legislatin, and that clients cnfidential infrmatin is safeguarded. Recrds f all dcumentatin related t a prject shuld be kept fr at least 6 years after cmpletin f services r lnger if required by legislatin r cntract. Such recrds are t include phtgraphs f the wrks in prgress, prject jurnals and diaries, statutry and regulatry apprval dcuments, drawings and ther recrds whether in electrnic r ther frm. If in electrnic frm an architect shuld keep adequate cpies t enable recrds t be restred if damaged. 4.4 Architects are expected t ensure that befre undertaking any prfessinal wrk the architect has entered int a written agreement with the client which adequately cvers: the cntracting parties; the scpe f the wrk: the fee r methd f calculating it; wh will be respnsible fr what; any cnstraints r limitatins n the respnsibilities f the parties; the prvisins fr suspensin r terminatin f the agreement; a statement that they have adequate and apprpriate insurance cver t meet their liabilities (but in any event nt less than the minimum level specified by the Bard); a cmplaints-handling prcedure (see Standard 10), including details f any special arrangements fr reslving disputes (e.g. arbitratin). Any agreed variatins t the written agreement shuld be recrded in writing. 4.5 Architects are expected t ensure that client agreements recrd that the architect is registered with the Bard (including registratin number), and that if the client has a cmplaint, it may be referred t the Bard. 4.6 Architects shuld make clear t the client the extent t which any architectural services are being subcntracted. 4.7 Except where disclsure is required by law, an architect must bserve the cnfidentiality f the client s affairs and must nt disclse infrmatin which is marked cnfidential r which the architect ught t have knwn was cnfidential, withut the cnsent f the client. At the end f a cntract (if requested), r therwise upn reasnable demand, architects shuld prmptly return t a client any papers, plans r prperty which the client prvided t the architect. 4.8 Architects must, in relatin t an agreement fr services, ensure that the cst f the services is in line with the fee structure detailed in the agreement and accurately reflects the amunt f wrk dne r t be dne fr the client in the prvisin f the services. 4.9 Unless therwise expressly agreed between the architect and the client architects shuld prvide the client with regular statements f accunt fr the services perfrmed. 3
Standard 5 Cnsidering the wider impact f wrk 5.1 Whilst architects primary respnsibilities are t their clients, architects shuld take int accunt the impact f their prfessinal activities n the natural and built envirnment. Standard 6 Architects shuld carry ut prfessinal wrk faithfully and cnscientiusly and with due regard t relevant technical and prfessinal standards. 6.1 Architects are expected t carry ut all wrk with skill and care and in accrdance with the terms f engagement. 6.2 Architects shuld carry ut prfessinal wrk prmptly, withut undue delay and, s far is reasnably practicable, in accrdance with any time-scale and cst limits agreed with the client. 6.3 Architects are expected t keep their clients infrmed f the prgress f wrk undertaken n their behalf and f any issue which may significantly affect its quality r cst. 6.4 Architects shuld, when acting between parties, administering a cnstructin cntract r giving advice, exercise impartial and independent prfessinal judgement. 6.5 Architects must withdraw frm the prvisin f any services where the architect reasnably believes in the architect s prfessinal judgement that the prvisin f the services wuld require the architect t act in: 6.5.1 a manner cntrary t the public interest; r 6.5.2 breach f any laws, including the Act r regulatins made under it; r 6.5.3 breach f this Cde. 6.6 Architects shuld maintain a high standard f integrity and act hnestly and fairly, and with cmpetence and diligence in dealings with ther architects. 6.7 Architects must, if apprached t undertake a prject fr which it is knwn, r shuld reasnably be knwn, that anther architect is currently appinted, request the client t ntify the ther architect and shuld take reasnable steps t infrm the client f the bligatin the client may have in respect f mral rights arising frm the ther architect s services. 6.8 Architects shuld realistically appraise their ability t undertake and achieve any prpsed wrk. They shuld als make their clients aware f the likelihd f achieving the client s requirements and aspiratins. If an architect feels they may nt be able t cmply, they shuld nt discuss terms f engagement r accept the wrk. Standard 7 Trustwrthiness and safeguarding clients mney 7.1 An architect is expected t keep prper recrds f all mney held by them which belngs t a client r ther third party, and t accunt fr it at all times. 7.2 Any mney belnging t a client r third party shuld be held in a designated interest-bearing bank accunt which is separate frm any f the architect s persnal r business accunts. 7.3 An architect shuld ensure that mney is nt withdrawn frm a client accunt t make a payment unless it is made t r n behalf f a client n the client s specific written instructins. Standard 8 Insurance arrangements 8.1 The Act requires architects t be insured r indemnified against civil liabilities in a manner and t an extent apprved by the Bard. Such insurance includes prfessinal indemnity insurance cver and may include ther insurance such as public liability insurance. In relatin t prfessinal indemnity insurance, architects are required t maintain a minimum level f cver in accrdance with the Bard s guidance, but an architect is expected t have adequate and apprpriate insurance cver in 4
general, including run-ff cver, fr themselves, their practice and their emplyees. An architect shuld ensure that insurance is adequate t meet a claim, whenever it is made. 8.2 The need fr cver extends t prfessinal wrk undertaken utside an architect s main practice r emplyment. 8.3 Emplyed architects shuld, as far as pssible, ensure that insurance cver and/ r ther apprpriate indemnity arrangements are prvided by their emplyer. 8.4 Architects are expected t prvide evidence that they have met the standards expected f this Standard 8 in such frm as the Bard may require. Standard 9 Maintaining the reputatin f architects 9.1 Architects shuld ensure that their prfessinal finances are managed respnsibly. 9.2 Architects are expected t cnduct themself in a way which des nt bring either that architect r the prfessin int disrepute. If an architect is in a psitin where that they knw that these standards have nt been met, r that their cnduct culd reflect badly n the prfessin, that architect is expected t reprt the matter t the Bard. Fr example, an architect shuld ntify the Registrar within 28 days if they: are cnvicted f a criminal ffence; are made the subject f a curt rder disqualifying them frm acting as a cmpany directr; are made the subject f a bankruptcy rder; are directr f a cmpany which is wund up (ther than fr amalgamatin r restructuring purpses); make an accmmdatin with creditrs (including a vluntary arrangement); fail t pay a judgment debt. Standard 10 Deal with disputes r cmplaints apprpriately 10.1 Architects are expected t have a written prcedure fr prmpt and curteus handling f cmplaints which will be in accrdance with the Cde and t prvide this prcedure t clients. This shuld include the name f the architect wh will respnd t cmplaints. 10.2 Architects shuld handle cmplaints curteusly and prmptly at every stage; and as far as practicable in accrdance with the fllwing time scales: 10.1.1. an acknwledgement within 10 wrking days frm the receipt f a cmplaint; and 10.1.2. a respnse addressing the issues raised in the initial letter f cmplaint within 30 wrking days frm its receipt. 10.3 If apprpriate, architects shuld encurage alternative methds f dispute reslutin, such as mediatin r cnciliatin. Standard 11 C-peratin with regulatry requirements and investigatins 11.1 Architects are expected t c-perate fully and prmptly with the Bard, and within any specified timeframe, if the Bard asks them t prvide infrmatin which it needs t carry ut its statutry duties, including evidence that they are cmplying with this Cde. 11.2 Architects shuld ntify the Bard in writing and within 1 mnth f any changes in the details held n the Register, including address. Under the Act, architects wh d nt tell the Bard f a change in any details held n the register may be subject t a fine. Standard 12 Respect fr thers 12.1 An architect shuld treat everyne fairly and in line with the law. An architect shuld nt discriminate because f disability, age, gender, sexual rientatin, ethnicity, r any ther inapprpriate cnsideratin. 5