{"id":"architects-regulations-2005","name":"Architects Regulations 2005","slug":"architects-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173612,"registerId":"wa-architects-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Architects Regulations 2005","content":"![Crest]()Western Australia\n\nArchitects Act 2004\n\nArchitects Regulations 2005\n\nWestern Australia\n\nArchitects Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — The Architects Board\n\nDivision 1 — Nominations\n\n4. Bodies that nominate persons for ministerial appointment of members 2\n\nDivision 2 — Elections\n\n5. Nominations 2\n\n6. List of candidates 3\n\n7. Voting papers 4\n\n8. Counting of votes 4\n\n9. Nominations not exceeding vacancies 5\n\n10. Names of elected members to be published on website 5\n\n11. Electors to vote once only 5\n\nPart 3 — Registration and licensing\n\nDivision 1 — Registration\n\n12. Registration requirements 7\n\n13. Examinations to be passed 8\n\n14. Conduct of examinations 8\n\nDivision 2 — Licensing\n\n15A. Extended meaning of *corporation* 9\n\n15. Licensing requirements 9\n\nDivision 3 — The register\n\n16. Divisions of the register — registered persons 10\n\nDivision 4 — Other matters relating to registration and licensing\n\n16A. Duration of registration and licences 10\n\n16B. Renewal period 11\n\n16C. When renewal fees fall due 11\n\nPart 4 — Insurance\n\n17. Amount of insurance cover 13\n\n18. Information about insurance cover — registered persons 13\n\n19. Information about insurance cover — licensed corporations 14\n\nPart 5 — Disciplinary proceedings\n\n20. Unprofessional conduct as an architect 15\n\nPart 6 — Fees\n\n21. Fees 17\n\n22. Reduction, waiver or refund of fee payable or paid under s. 44(2) or 45 17\n\nPart 7 — Miscellaneous\n\n23. Certificates of registration, licence documents to be available for inspection 18\n\n24. Advice about changes in practising status 18\n\n25. Consent to use a name other than a name recorded in the register 18\n\nSchedule 1 — Fees\n\nNotes\n\nCompilation table 22\n\nDefined terms\n\n  \n\nArchitects Act 2004\n\nArchitects Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Architects Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Architects Act 2004* comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\n  registered address, in relation to a registered person or licensed corporation, means the address that is recorded in the register in respect of the person or corporation;\n\n  return day means the day set by the Board as the last day for the return of the voting papers for an election under regulations 8 and 9;\n\n  section means section of the Act.\n\n## Part 2 — The Architects Board\n\n### Division 1 — Nominations\n\n##### 4. Bodies that nominate persons for ministerial appointment of members\n\nThe following bodies are prescribed for the purposes of section 7(1)(b) —\n\n(a) the Royal Australian Institute of Architects;\n\n(b) the Association of Consulting Architects — Australia;\n\n(c) the University of Western Australia;\n\n(d) the Curtin University of Technology.\n\n### Division 2 — Elections\n\n##### 5. Nominations\n\n(1) The Board is to call for the nomination of registered persons as candidates for election to the office of a Board member under section 7(1)(c) that —\n\n(a) is due to become vacant because the member’s term of office is about to expire by the passage of time; or\n\n(b) becomes vacant under Schedule 1 clause 3 of the Act.\n\n(2) For the purposes of subregulation (1) the Board must send to each registered person —\n\n(a) a nomination paper, in a form approved by the Board, for the registered person to nominate himself or herself as a candidate for election to the office; and\n\n(b) written notice —\n\n(i) of the number of members to be elected under section 7(1)(c) in the particular election; and\n\n(ii) of the period for which the successful candidate is to hold office; and\n\n(iii) of the time by which nominations are to be received by the Board; and\n\n(iv) of the return day; and\n\n(v) that a nomination will not be accepted unless the candidate provides, for inclusion with the voting papers, a statement about the nominee’s qualifications, experience and reasons for nomination.\n\n(3) The nomination paper and notices are to be sent to the registered person’s registered address —\n\n(a) in the case of an office mentioned in subregulation (1)(a), at least 60days before the day on which the term of office is due to expire; or\n\n(b) in the case of an office mentioned in subregulation (1)(b), as soon as is practicable after the office becomes vacant.\n\n[Regulation 5 amended: SL 2022/121 r. 4.]\n\n##### 6. List of candidates\n\n(1) The Board is to prepare a list of candidates for election from the nominations made under regulation 5.\n\n(2) The Board is not to include a person’s name in the list if —\n\n(a) the person has not signed the nomination form; or\n\n(b) the nomination was not received by the time mentioned in regulation 5(2)(b)(iii); or\n\n(c) the person has not provided a statement mentioned in regulation 5(2)(b)(v); or\n\n(d) the person is not eligible for election because of section 7(5)(a) or (b).\n\n##### 7. Voting papers\n\n(1) If the number of names in the list of candidates exceeds the number of members to be elected the Board is to send a voting paper for an election to each registered person.\n\n(2) The voting paper is to be sent to the registered person’s registered address at least  14days before the return day.\n\n(3) The voting paper is to contain —\n\n(a) the list of candidates; and\n\n(b) notice of the number of members to be elected under section 7(1)(c) in the particular election; and\n\n(c) notice of the return day; and\n\n(d) instructions on how the elector is to record his or her vote; and\n\n(e) notice that the vote will not be counted if it is not received by the Board by the return day.\n\n(4) The voting paper is to be in a form approved by the Board and signed by the registrar or the chairperson of the Board.\n\n##### 8. Counting of votes\n\n(1) As soon as is practicable after the return day the registrar and at least one other person are to —\n\n(a) open and examine the votes received by the Board on or before the return day; and\n\n(b) count the votes that have been correctly recorded in accordance with the instructions mentioned in regulation 7(3)(d).\n\n(2) The Board is to check the registrar’s examination and counting of the votes as soon as is practicable after the registrar has counted the votes.\n\n(3) If 2 or more candidates receive the same number of votes the members of the Board who are also registered persons may, by simple majority, select one of their number to  have a casting vote to resolve the matter in respect of those candidates.\n\n##### 9. Nominations not exceeding vacancies\n\nIf the number of names in the list of candidates does not exceed the number of members to be elected —\n\n(a) it is not necessary to conduct an election under regulations 7 and 8; and\n\n(b) each candidate in the list of candidates is to be taken to be elected at the time by which nominations are to be received by the Board; and\n\n(c) if a vacancy remains, the members of the Board who are also registered persons may, by simple majority, select one of their number to  elect a registered person to fill the vacancy and that person is to be taken to be elected at the time the Board receives the person’s acceptance of his or her election under this regulation.\n\n##### 10. Names of elected members to be published on website\n\nThe Board must publish on a website maintained by or on behalf of the Board the names of the persons —\n\n(a) who are elected under regulations 7 and 8; or\n\n(b) who, under regulation 9(b) or (c), are to be taken to be elected.\n\n[Regulation 10 amended: SL 2021/7 r. 4.]\n\n##### 11. Electors to vote once only\n\n(1) A registered person must not vote more than once in an election under this Division.\n\nPenalty: a fine of $2 000.\n\n(2) In subregulation (1) —\n\n  vote does not include a casting vote under regulation 8(3) or the election of a Board member under regulation 9(c).\n\n## Part 3 — Registration and licensing\n\n### Division 1 — Registration\n\n##### 12. Registration requirements\n\nFor the purposes of section 29(b), the requirements in relation to a natural person are that the person —\n\n(a) either —\n\n(i) holds a qualification obtained as a result of the successful completion of an architectural education course that has been accredited by the Board under section 10(c); or\n\n(ii) holds a qualification that in the opinion of the Board is equivalent to such a qualification (after having regard to the advice of the Architects Accreditation Council of Australia where relevant); or\n\n(iii) has otherwise attained a standard in relation to the practice of architecture that is acceptable to the Board (after having regard to the advice of the Architects Accreditation Council of Australia where relevant);\n\nand\n\n(b) has been assessed as eligible to sit, and has passed, the examinations mentioned in regulation 13; and\n\n(c) has not been convicted of an offence, whether in this State or elsewhere, the nature of which renders the person unfit to be a registered person; and\n\n(d) is otherwise a fit and proper person.\n\n##### 13. Examinations to be passed\n\nThe examinations to be passed by a person desiring to be registered are —\n\n(a) the version of the written examination, known as the National Examination Paper, set by the Architects Accreditation Council of Australia for use at the time the person takes the examination; and\n\n(b) the examination, known as the Examination by Interview, conducted in accordance with the Guide for Candidates published by the Architects Accreditation Council of Australia, as that document is in force from time to time.\n\n##### 14. Conduct of examinations\n\n(1) The Board may conduct examinations of the kind mentioned in regulation 13 at such times and at such intervals as it thinks fit.\n\n(2) A person who wishes to take an examination (including an assessment for eligibility for taking an examination) must pay the Board the fee prescribed by regulation 21 in relation to the examination.\n\n(3) A person employed, engaged or appointed by the Board to supervise an examination who has reasonable grounds to believe that a candidate is cheating in, or is otherwise acting in an improper manner during, an examination —\n\n(a) may, at any time during the examination, direct the candidate to leave the examination room; and\n\n(b) is to given a written report about the incident to the Board.\n\n(4) The Board, in such manner as it thinks fit —\n\n(a) is to notify each candidate for an examination conducted by the Board of the candidate’s results; and\n\n(b) is to inform each unsuccessful candidate of his or her areas of weakness.\n\n### Division 2 — Licensing\n\n##### 15A. Extended meaning of *corporation*\n\nEach entity specified in the Table is prescribed as a body corporate for the purposes of paragraph (b) of the definition of ***corporation*** in section 4(1).\n\nTable\n\n| **Item no.** | **Entity** |\n| --- | --- |\n| 1. | An Aboriginal and Torres Strait Islander corporation as defined in the *Corporations (Aboriginal and Torres Strait Islander) Act 2006* (Commonwealth) section 700-1. |\n| 2. | A transitional corporation as defined in the *Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006* (Commonwealth) Schedule 3 item 1(1). |\n\n\n[Regulation 15A inserted: Gazette 30 Jun 2009 p. 2621-2.]\n\n##### 15. Licensing requirements\n\nFor the purposes of section 31(b), the requirements in relation to a corporation are that —\n\n(a) the corporation’s constitution is, or the rules governing the corporation’s internal management are, acceptable to the Board; and\n\n(b) each of the directors of the corporation is acceptable to the Board; and\n\n(c) all architectural work to be done by the corporation is to be done under the direct control and supervision of a registered person who is an officer or employee of the corporation; and\n\n(d) the means by which the corporation proposes to comply with paragraph (c) are acceptable to the Board; and\n\n(e) the person who will have ultimate responsibility for the architectural work to be done by the corporation is a registered person who is an officer or employee of the corporation; and\n\n(f) the name under which the corporation proposes to carry on the practice of architecture is acceptable to the Board.\n\n### Division 3 — The register\n\n##### 16. Divisions of the register — registered persons\n\nThe divisions of the register in relation to registered persons are —\n\n(a) division 1 for registered persons who are currently practising architecture;\n\n(b) division 2 for registered persons who are not currently practising architecture.\n\n### Division 4 — Other matters relating to registration and licensing\n\n[Heading inserted: Gazette 28 Dec 2007 p. 6412.]\n\n##### 16A. Duration of registration and licences\n\nFor the purposes of section 35 —\n\n(a) a registration that occurs after 2007 has effect until 30 June in the year following that in which the registration occurs; and\n\n(b) a licence that is granted after 2007 has effect until 30 June in the year following that in which the licence is granted.\n\n[Regulation 16A inserted: Gazette 28 Dec 2007 p. 6412.]\n\n##### 16B. Renewal period\n\nFor the purposes of section 36(1), the renewal of a registration or a licence in 2008 is to be for a period of 18 months.\n\n[Regulation 16B inserted: Gazette 28 Dec 2007 p. 6412.]\n\n##### 16C. When renewal fees fall due\n\n(1) For the purposes of section 37(1), the day on which the fee for the renewal, in 2008, of a person’s registration or a corporation’s licence falls due is —\n\n(a) 31 March 2008; or\n\n(b) the day set by the Board under subregulation (3).\n\n(2) A registered person may apply to the Board for the Board to set a day after 31 March 2008 to be the day on which the fee for the renewal of the person’s registration in 2008 falls due.\n\n(3) On an application under subregulation (2) the Board, if satisfied that the applicant is experiencing hardship, may set a day after 31 March 2008 but before 1 October 2008 to be the day on which the fee for the renewal of the person’s registration in 2008 falls due.\n\n(4) For the purposes of section 37(1), the day on which the fee for the renewal, in a year after 2008, of a person’s registration or a corporation’s licence falls due is —\n\n(a) 30 September of that year (the renewal year); or\n\n(b) the day set by the Board under subregulation (6).\n\n(5) A registered person may apply to the Board for the Board to set a day after 30 September of the renewal year to be the day on which the fee for the renewal of the person’s registration in that year falls due.\n\n(6) On an application under subregulation (5) the Board, if satisfied that the applicant is experiencing hardship, may set a day after 30 September in the renewal year but before 1 April in the following year to be the day on which the fee for the renewal of the person’s registration in the renewal year falls due.\n\n[Regulation 16C inserted: Gazette 28 Dec 2007 p. 6412‑13.]\n\n[**16D.** Deleted: SL 2022/121 r. 5.]\n\n## Part 4 — Insurance\n\n##### 17. Amount of insurance cover\n\n(1) For the purposes of paragraph (b) of the definition of ***architect insurance*** in section 4(1), the insurance must provide a minimum cover of $1 000 000.\n\n(2) For the purposes of section 32(2)(c), the minimum amount of insurance cover is $1 000 000.\n\n[Regulation 17 amended: SL 2022/121 r. 6.]\n\n##### 18. Information about insurance cover — registered persons\n\n(1) For the purposes of section 54(1), the information in relation to the insurance cover that is in effect in respect of a registered person is a document from the insurer or a broker showing —\n\n(a) the period in respect of which the insurance cover is in effect; and\n\n(b) the amount of the insurance cover; and\n\n(c) the categories of persons in respect of whose acts and omissions the insurance cover applies.\n\n(2) For the purposes of section 54(2), the time for giving the information referred to in subregulation (1) is —\n\n(a) 30 September each year; and\n\n(b) if the insurer or any of the information referred to in subregulation (1) changes — 14 days after the change occurs.\n\n(3) However, subregulation (2)(a) does not apply to a registered person in a particular year if the registered person gives the information to the Board under another obligation, or at the request of the Board, within the period of 3 months ending on 30 September that year.\n\n[Regulation 18 amended: SL 2022/121 r. 7.]\n\n##### 19. Information about insurance cover — licensed corporations\n\n(1) For the purposes of section 54(1), the information in relation to the insurance cover that is in effect in respect of a licensed corporation is a document from the insurer or a broker showing —\n\n(a) the period in respect of which the insurance cover is in effect; and\n\n(b) the amount of the insurance cover; and\n\n(c) the categories of persons in respect of whose acts and omissions the insurance cover applies.\n\n(2) For the purposes of section 54(2), the time for giving the information referred to in subregulation (1) is —\n\n(a) in the case of the initial grant of the licence, 28 days after the day on which the licensed corporation is advised of the grant of the licence; and\n\n(b) in the case of a renewal of a licence, 14 days after the day on which the licensed corporation is advised of the renewal; and\n\n(c) in any case where the insurer, the period of insurance or the amount or type of cover is changed after the period mentioned in paragraph (a) or (b), 14 days after the change occurs.\n\n[Regulation 19 amended: SL 2022/121 r. 8.]\n\n## Part 5 — Disciplinary proceedings\n\n##### 20. Unprofessional conduct as an architect\n\nFor the purposes of section 56(2), the following conduct of a person (person 1) constitutes unprofessional conduct as an architect —\n\n(a) holding out or in any way implying that person 1’s name is entered in a particular division of the register if the name is not entered in that division of the register;\n\n(b) using, in connection with an architectural service provided by person 1 —\n\n(i) the name of a registered person who is not a partner or employee of person 1; or\n\n(ii) the name of a licensed corporation of which person 1 is not an officer, employee or partner;\n\n(c) allowing a natural person (person 2) to practise in person 1’s name in connection with an architectural service provided by person 2 if —\n\n(i) person 2 is not registered; or\n\n(ii) person 2 is registered but is not a partner or employee of person 1;\n\n(d) allowing a corporation to practise in person 1’s name in connection with an architectural service provided by the corporation if —\n\n(i) the corporation is not a licensed corporation; or\n\n(ii) the corporation is a licensed corporation but person 1 is not an officer of the corporation;\n\n(e) signing an account, statement, report, specification, plan or other document purporting to represent any architectural work as having been done by person 1 in circumstances where the work has not been done under person 1’s direct control or supervision;\n\n(f) accepting architectural work on condition or promise that person 1 will give or receive, or because person 1 has given or received, any remuneration, discount, gift or commission directly or indirectly to or from another person, other than remuneration to be received by person 1 from the client;\n\n(g) failing to disclose to a client a direct or indirect pecuniary interest (other than an interest in a public company) that person 1 has in any product or service that person 1 —\n\n(i) specifies or recommends for use in connection with the project in respect of which person 1’s services are engaged; or\n\n(ii) uses or causes to be used in connection with that project;\n\n(h) using, or causing to be used, in connection with a project in respect of which person 1’s services are engaged, a product or service in which person 1 has an interest of a kind referred to in paragraph (g) without having —\n\n(i) the client’s written acknowledgment of the disclosure of the interest; and\n\n(ii) the client’s written consent to the use of the product or service.\n\n## Part 6 — Fees\n\n##### 21. Fees\n\nThe fees set out in Schedule 1 are payable in respect of the matters referred to in that Schedule.\n\n[Regulation 21 inserted: SL 2023/35 r. 4.]\n\n##### 22. Reduction, waiver or refund of fee payable or paid under s. 44(2) or 45\n\nThe Board may, if it considers it appropriate in the circumstances of the case to do so, reduce, waive or refund a fee payable or paid in any of the following circumstances —\n\n(a) by a person applying under section 44(2) to obtain a certified copy of a part of, or entry in, the register;\n\n(b) by a registered person or a licensed corporation applying under section 45 to amend the particulars entered in the register.\n\n[Regulation 22 inserted: SL 2021/7 r. 5.]\n\n## Part 7 — Miscellaneous\n\n##### 23. Certificates of registration, licence documents to be available for inspection\n\n(1) A registered person must ensure that a certificate of registration issued to the person is available for inspection by any person during business hours at the person’s registered address.\n\n(2) A licensed corporation must ensure that a licence document issued to the corporation is available for inspection by any person during business hours at the corporation’s registered address.\n\nPenalty applicable to subregulations (1) and (2): a fine of $1 000.\n\n##### 24. Advice about changes in practising status\n\n(1) A registered person whose name is entered in division 2 of the register must give the registrar written advice if the person starts practising architecture.\n\n(2) A registered person whose name is entered in division 1 of the register must give the registrar written advice if the person stops practising architecture.\n\n(3) The advice referred to in subregulation (1) or (2) must be given no later than 30 days after the change occurs.\n\n##### 25. Consent to use a name other than a name recorded in the register\n\n(1) An application for the Board’s consent to a registered person’s or a licensed corporation’s practising architecture under any name other than the name of the person or corporation as recorded in the register is to be —\n\n(a) made in writing in a manner and form determined by the Board; and\n\n(b) accompanied by the fee prescribed by regulation 21 in relation to the application.\n\n(2) The applicant is to provide the Board with any further information that the Board requires in any particular case and is to verify the information by statutory declaration if required by the Board to do so.\n\n(3) Without limiting the kinds of condition that the Board may impose in relation to the name of the practice, the Board may impose as a condition of the giving of its consent —\n\n(a) a requirement that the name and registration number of the registered person who has ultimate responsibility for the architectural work done by the applicant is displayed on all the applicant’s stationery, advertisements, job signs and other information given to the public about the applicant’s architectural work;\n\n(b) a requirement that the applicant must ensure that a certificate of registration issued to the registered person who has ultimate responsibility for the architectural work done by the applicant is available for inspection by any person during business hours at the applicant’s registered address.\n\nSchedule 1 — Fees\n\n[r. 21]\n\n[Heading inserted: SL 2023/35 r. 5.]\n\n| **Item** | **Column 1**<br>**Matter** | **Column 2**<br>**Provision of Act or regulations** | **Column 3 Fee ($)** |\n| --- | --- | --- | --- |\n| 1. | Application for registration | s. 33(1)(b)(i) | 184.00 |\n| 2. | Application for grant of licence | s. 33(1)(b)(i) | 331.00 |\n| 3. | Registration fee | s. 33(1)(b)(ii) | 263.00 |\n| 4. | Licence fee | s. 33(1)(b)(ii) | 462.00 |\n| 5. | Renewal of registration | s. 37(1) | 315.00 |\n| 6. | Renewal of licence | s. 37(1) | 572.00 |\n| 7. | Restoration of name to the register if name removed under s. 37(1) | s. 37(2)(c) | 74.00 |\n| 8. | Certified copy of part of, or entry in, the register | s. 44(2) | 89.00 |\n| 9. | Amendment of particulars entered in the register | s. 45 | 34.00 |\n| 10. | Restoration of name to the register if name removed under s. 47 or 49 | s. 51(2) | 34.00 |\n| 11. | Restoration of name to the register if name removed by way of disciplinary action | s. 51(5) | 63.00 |\n| 12. | Assessment of eligibility for, and taking, the National Examination Paper examination | s. 71(2)(j) and r. 14(2) | 665.00 |\n| 13. | Taking the Examination by Interview<br>Supplementary Examination by Interview | s. 71(2)(j) and r. 14(2) | 565.00<br>395.00 |\n| 14. | Application for Board’s consent to a name under which a person or corporation can carry on the practice of architecture | s. 71(2)(j) and r. 25(1)(b) | 184.00 |\n\n\n[Schedule 1 inserted: SL 2023/35 r. 5.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Architects Regulations 2005* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Architects Regulations 2005* | 15 Nov 2005 p. 5608‑19 | 16 Nov 2005 (see r. 2 and *Gazette* 15 Nov 2005 p. 5597) |\n| *Architects Amendment Regulations 2007* | 28 Dec 2007 p. 6411‑14 | r. 1 and 2: 28 Dec 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2008 (see r. 2(b)) |\n| **Reprint 1: The *Architects Regulations 2005* as at 17 Apr 2009** (includes amendments listed above) | | |\n| *Architects Amendment Regulations 2009* | 30 Jun 2009 p. 2621-2 | r. 1 and 2: 30 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) |\n| *Architects Amendment Regulations 2013* | 27 Jun 2013 p. 2659-60 | r. 1 and 2: 27 Jun 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 2 | 23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) |\n| **Reprint 2: The *Architects Regulations 2005* as at 24 May 2019** (includes amendments listed above) | | |\n| *Architects Amendment Regulations 2021* | SL 2021/7   29 Jan 2021 | r. 1 and 2: 29 Jan 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Jan 2021 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 2 | SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 2 | SL 2022/59 20 May 2022 | 1 Jul 2022 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Mutual Recognition) Regulations 2022* Pt. 2 | SL 2022/121 30 Jun 2022 | 1 Jul 2022 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 2 | SL 2023/35 5 May 2023 | 1 Jul 2023 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nperson 1 20\n\nperson 2 20\n\nregistered address 3\n\nrenewal year 16C(4)\n\nreturn day 3\n\nsection 3\n\nvote 11(2)\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page returned only a system error message indicating the URL has changed due to website upgrades."},"complexity_factors":["No legislative content was retrievable — the URL returned a 'page not found' error message rather than the text of the regulations","Complexity cannot be meaningfully assessed without access to the actual legislative provisions"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Architects Regulations 2005* (Western Australia) is no longer available at the requested URL. The Western Australian legislation website has undergone system upgrades that have changed some page links, meaning the actual text of this legislation could not be analysed.\n\n**What this means for you:** No substantive analysis of how these regulations affect architects, building practitioners, or the public in Western Australia can be provided based on this content. To find the current regulations, visit the Western Australian legislation website (legislation.wa.gov.au) and search directly for *Architects Regulations 2005*."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on implementing the Architects Act: they detail procedures for Board elections, set registration/licensing criteria, prescribe insurance minimums and reporting, list disciplinary behaviours, and set fees. Amendments since enactment are largely technical, administrative and regulatory updates (fee changes, transitional timing for renewals, clarification that certain Aboriginal corporate forms are included as \"corporations\" for licensing—reg 15A—and updated insurance/reporting timeframes). Those changes broaden or clarify who can be treated as a licensable corporation in a targeted way and update administrative mechanics, but do not represent a material expansion of the regulatory scheme beyond the Act’s original purpose."},"complexity_factors":["Relatively short instrument with 7 Parts and a Schedule of fees (manageable length).","Multiple cross-references to the Architects Act (e.g. sections 7, 29, 31, 32, 35–37, 44–45, 54, 56) requiring the Act for full interpretation.","Moderate number of defined terms (e.g. registered address, return day, renewal year, vote, person 1/2) but definitions are limited and local.","Discretionary assessments (board acceptance of equivalent qualifications, corporate constitutions, directors, business names) introduce case-by-case complexity (regs 12, 15).","Several conditional timing rules for registrations and renewals, including transitional provisions and hardship extensions (regs 16A–16C).","Amendments across years (2007, 2009, 2021, 2022, 2023) mean some provisions reflect transitional arrangements and updated fees/definitions.","Schedule 1 contains 14 distinct fee items which must be read with regs 21–22 to understand payment and waiver rules.","Election mechanics contain conditional branches (when an election is required, tie-breaking procedures, single-vote prohibition and penalties) (regs 5–11)."],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- Set the detailed rules that put the Architects Act 2004 into practice for Western Australia. They cover how the Architects Board is formed and runs elections (Parts 2 and 2 Division 2), the rules for people and corporations to be registered or licensed (Part 3), minimum professional insurance and how it must be reported (Part 4), what counts as unprofessional conduct for disciplinary purposes (Part 5), fees charged by the Board (Part 6 and Schedule 1), and various administrative requirements (Part 7).\n\n**Who this affects**\n\n- Individual architects (people seeking registration, registered architects, and those listed on the register).\n- Corporate practices that want to be licensed to practise architecture (including certain prescribed corporate forms — see reg 15A).\n- Clients who commission architectural services (indirectly, because the rules set standards and disclosure obligations).\n- The Architects Board (rules for nominations, elections, enforcement, and discretion).\n\n**Key operational rules and useful specifics**\n\n- Board nominations and elections: The regulations prescribe bodies that can nominate persons for ministerial appointment to the Board (Royal Australian Institute of Architects, Association of Consulting Architects — Australia, University of Western Australia, Curtin University of Technology — reg 4). They set the process and timing for calling nominations, distributing voting papers, counting votes, tie-breaking, and publication of results on the Board website (regs 5–11).\n\n- Registration of individuals: An individual must hold an accredited architectural qualification (or the Board must accept an equivalent or acceptable standard), pass the National Examination Paper and the Examination by Interview, be fit and proper, and have no disqualifying convictions (regs 12–14).\n\n- Licensing of corporations: To be licensed, a corporation must have a constitution or rules acceptable to the Board; directors must be acceptable; all architectural work must be done under the direct control and supervision of a registered person who is an officer or employee; the person with ultimate responsibility must be a registered person; and the practice name must be acceptable (reg 15 and 15A). Reg 15A expressly treats certain Aboriginal corporate forms as \"corporations\" for licensing purposes.\n\n- Register and practising status: The register is divided into practising and non-practising divisions (reg 16). Registered persons must notify the registrar within 30 days if their practising status changes (reg 24). Registrations and licences granted after 2007 run until 30 June of the following year, with specified renewal periods and due dates (regs 16A–16C).\n\n- Insurance: Professional indemnity insurance must provide at least $1,000,000 cover (reg 17). Registered persons and licensed corporations must provide documentary evidence of the insurance (regs 18–19) on set timetables and when changes occur.\n\n- Discipline and standards: The regulations list specific behaviours that constitute \"unprofessional conduct\" (reg 20). Examples include misrepresenting practising division, using another registered person’s name when they are not an employee/partner, allowing unregistered persons to practise under one’s name, signing documents for work not done under direct control, undisclosed financial interests in products or services recommended to clients, and accepting or paying commissions outside client remuneration (reg 20(a)–(h)).\n\n- Fees and penalties: Schedule 1 lists application, registration, licence, renewal and examination fees (for example, registration fee $263, licence fee $462, examination fees at the time of the compilation $665 and $565 for the two major exams). The Board may reduce, waive or refund some fees in certain circumstances (reg 22). Sanctions include fines for voting more than once ($2,000) and failing to make registration or licence documents available for inspection ($1,000) (regs 11 and 23).\n\n**Stated purposes and how the regulations achieve them**\n\n- The regulations operationalise the Act’s aims: to ensure practitioners meet minimum education and competency requirements (regs 12–14), to make sure corporate providers are structured and managed so work is supervised by registered architects (reg 15), to protect clients through minimum insurance and disclosure obligations (regs 17–19 and reg 20(g)–(h)), and to provide transparent governance of the Board (regs 4–11).\n\n**Costs, incentives and trade-offs**\n\n- Who pays: individual applicants and registered persons pay application, registration, renewal and exam fees (Schedule 1). Licensed corporations face compliance costs to demonstrate acceptable constitutions, acceptable directors, and supervised staffing arrangements (reg 15). All practitioners need to hold and prove at least $1,000,000 PI cover (regs 17–19).\n\n- Who decides: the Architects Board has significant discretionary power — it assesses equivalence of overseas/alternative qualifications (reg 12(a)(ii)–(iii)), accepts corporate constitutions and directors (reg 15(a)–(b)), and decides acceptable business names and supervisory arrangements (reg 15(c)–(f)). The Board also decides on hardship extensions for renewal dates (reg 16C).\n\n- Behaviour changes incentivised: the rules push firms to employ or appoint registered architects in senior/ supervisory roles if they wish to hold a licence (reg 15(c)–(e)); they incentivise disclosure of interests in products/services to clients (reg 20(g)–(h)); and they incentivise maintaining continuous insurance and prompt reporting of changes (regs 18–19).\n\n- Compliance burden & opportunity cost: smaller practices or sole practitioners face fixed fees and the administrative burden of providing annual insurance documents and complying with display/notification requirements (regs 18, 23, 24). Corporate practices may need to change constitutions, director composition or employment arrangements to meet licensing criteria (reg 15). Time and cost to sit prescribed national examinations are also material (regs 13–14; Schedule 1 items 12–13).\n\n- Competition and market effects: the licensing rules channel architectural work toward entities that can demonstrate registered-person control and required insurance. That can raise entry costs for new or small business models that do not fit the prescribed corporate/ supervision structure; conversely it standardises responsibility and client protections.\n\n- Discretion, capture and substitution risks: the Board’s discretion over equivalence of qualifications, what constitutions and directors are \"acceptable\", and acceptable business names creates room for case-by-case decision-making (regs 12(a)(ii)–(iii), 15(a)–(b), 15(f)). The regulations mitigate this by setting procedural detail (exams, insurance minimums, published election results), but administrative discretion remains.\n\n**Implementation and enforcement risks**\n\n- Assessing equivalence of foreign or non-accredited qualifications depends on advisory input (Architects Accreditation Council of Australia referenced in regs 12 and 13) and Board judgement, which can delay or vary outcomes.\n- Monitoring that corporate work is performed under \"direct control and supervision\" requires evidentiary checks; enforcement depends on complaints, inspections or disciplinary proceedings (reg 15(c) and reg 20(e)).\n- Postal vote procedures (regs 5–11) create operational burdens on the Board to manage timely distribution, counting and preventing duplicate voting.\n\n**Concentrated benefits vs diffuse costs**\n\n- Concentrated benefits accrue to clients (consumer protection through insurance and supervision rules) and to registered architects (professional standards, title protection). Costs are mostly borne by practitioners and firms (fees, insurance premiums, administrative compliance).\n\n**Key sections to look up quickly**\n\n- Registration requirements and exams: regs 12–14.\n- Corporate licensing requirements and extended definition of \"corporation\": regs 15 and 15A.\n- Insurance minimum and reporting obligations: regs 17–19.\n- Unprofessional conduct examples used for discipline: reg 20.\n- Fees and fee-related discretions: Schedule 1, regs 21–22.\n- Board nominations and election mechanics: regs 4–11.\n\n(References in parentheses are to the regulation numbers.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose: operationalising the Architects Act 2004. The amendments visible in the compilation table are largely machinery changes (fee updates, minor procedural adjustments, and extending the definition of 'corporation' to include Indigenous corporations). There is no evidence of significant scope creep beyond the original intent of regulating architectural practice, registration, and professional standards."},"complexity_factors":["Moderate length (25 regulations plus Schedule)","Minimal defined terms (only 7 defined terms in section 3, plus 2 local definitions in regulation 20 and 11)","Straightforward structure following the Act's divisions","Some conditional logic in examination and election procedures, but not heavily nested","Cross-references to the parent Act (Architects Act 2004) but generally clear","Fee schedule is tabular and easy to read","Some temporal complexity regarding renewal dates and transitional provisions (e.g., 2008 renewal period being 18 months)"],"plain_english_summary":"This is a Western Australian regulation that sets out the detailed rules for how architects are registered, licensed, and regulated in the state. It works alongside the Architects Act 2004.\n\n**What it does:**\n\n*   **Sets up the Architects Board:** It explains how board members are elected or nominated, including how voting works for registered architects who want to serve on the board.\n*   **Sets registration rules:** It details who can become a registered architect — requiring specific qualifications, passing national exams (a written test and an interview), and being a \"fit and proper person\" (someone of good character).\n*   **Sets licensing rules for companies:** It allows corporations (including Aboriginal and Torres Strait Islander corporations) to get a licence to practice architecture, provided they have registered architects in charge of the work.\n*   **Requires insurance:** All registered architects and licensed firms must have at least $1 million in professional indemnity insurance (insurance that covers mistakes or negligence in their work).\n*   **Defines misconduct:** It lists specific behaviours that count as \"unprofessional conduct,\" such as falsely claiming to be registered, letting unregistered people work under your name, taking secret commissions, or failing to disclose financial interests in products they recommend to clients.\n*   **Sets fees:** It includes a detailed fee schedule for applications, registrations, renewals, and exams.\n\n**Who it affects:**\n\n*   Anyone wanting to become a registered architect in Western Australia.\n*   Architecture firms (corporations) operating in WA.\n*   The Architects Board of Western Australia.\n*   Clients hiring architects, as it protects them by ensuring architects are qualified, insured, and accountable.\n\n**Why it matters:**\n\nThis regulation protects public safety and consumer interests by ensuring only qualified, insured, and ethical people can call themselves architects or provide architectural services. It creates a clear system for accountability if things go wrong."}},"importantCases":[],"_links":{"self":"/api/acts/architects-regulations-2005","history":"/api/acts/architects-regulations-2005/history","analysis":"/api/acts/architects-regulations-2005/analysis","conflicts":"/api/acts/architects-regulations-2005/conflicts","importantCases":"/api/acts/architects-regulations-2005/important-cases","documents":"/api/acts/architects-regulations-2005/documents"}}