NSW Code of conduct

The NSW Code provides architects and their clients with a statement of the standards required of architects when engaged to provide architectural services. These standards differ to the standards defined in the Australian Institute of Architects Code of Professional Conduct. The standards in the NSW Code are legislated and legally enforceable. If you are an architect in NSW and an Australian Institute of Architects (Institute) member, you should be familiar with the standards in both codes.

A failure to comply with the NSW Code may constitute unsatisfactory professional conduct or professional misconduct for the purposes of the Architects Act 2003 (NSW) and may be grounds for disciplinary action under Part 4 of that Act. The outcome of a finding of either unsatisfactory professional conduct or professional misconduct can carry serious penalties including reprimands, fines and/or the refunding of payments received for architectural services provided. A copy of the NSW Code can be found here.

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Client agreements and the NSW Code

Part 3 of the NSW Code at Clause 7 provides that an architect must enter into a written agreement with their client concerning the provision of architectural services and sets out details of what must be included in a compliant client architect agreement.

The NSW Architects Registration Board released the Short Form Architect Client Contract 2019 as a free online resource to assist architects with meeting their obligations under the NSW Code. Further information, including a copy of the document, can be found here. The Institute has also published the Client Architect Agreement (CAA2019) and the Client Architect Agreement for Limited Services (CAALS2019) to be compliant with the NSW Code. Digital versions of the CAA2019 and CAALS2019 are available to download through Acumen.

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Continuing Professional Development (CPD) and the NSW Code

Part 5 of the NSW Code at Clause 16 requires that architects must report to the NSW Architects Registration Board that they have taken all reasonable steps to maintain and improve the skills and knowledge necessary for the provision of the architectural services they normally provide. Architects who fail to comply with CPD requirements may be removed from the NSW Register of Architects or may be found guilty of unsatisfactory professional conduct.

Architects should undertake a minimum of 20 hours of CPD each year, of which at least 10 hours must be Formal CPD activity. At least three hours of the 10 hours of Formal CPD each year must address mandatory topics. Architects must complete at least one hour annually for each of the following mandatory topics:

1. Understanding and respecting Country
2. Sustainability, life cycle assessment and whole life carbon
3. National Construction Code

All architects are required to comply with this requirement, irrespective of the nature of the architectural services they normally provide.

Architects are required to provide evidence of their CPD activities at the time of their registration renewal as part of the renewal process. CPD reporting is retrospective and architects are required to report the CPD activities they completed during their last registration term.

See the NSW Architect Registration Board’s Factsheet on CPD.

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The NSW Architects Registration Board kindly reviewed the content of this note. The content is provided for information purposes only and is based upon the best information available at the date of issue and is subject to change without notice. The NSW Architects Registration Board does not accept liability to any person for the information or the use of this information.