AGY-2311 | Board of Architects of New South Wales (1922-2003) NSW Architects Registration Board (2004- )

Full description

The Board of Architects of New South Wales was a statutory body that administered the Architects Act 1921. From 1922 to 1974, the Board of Architects was responsible to the Department of Education until it was transferred to the Minister for Housing. (1) From 24 September 1975 the Act was administered by the Minister for Public Works, and the Board then was responsible to the NSW Department of Public Works and Services during the year 1975/1976, where it remained until 2003. (2)

The Board of Architects of New South Wales was established under the Architects Act, 1921 (Act No 8. 1921) and proclaimed on 1 August 1922. (3) The Act constituted the Board of Architects to consist of the Faculty head of Architecture in the University of Sydney, the President of the Institute of Architects of New South Wales, the presidents of the Architects Association of New South Wales, the Lecturer in charge of the Department of Architecture at the Sydney Technical College, and four other persons appointed by the Governor. (4) These members held office for three years and thereafter the board consisted of eight members. (5)

As stated in the Act, the Governor, in accordance with the Public Service Act, 1902, could appoint a registrar and such other officers as the Governor thought fit for carrying out the Act or could remove persons appointed. (6) A register of architects would contain the name and address of all persons registered as architects, including description of qualifications and other particulars. (7)

The role of the Board was to protect consumers by maintaining a register of persons who may legally use the title 'architect' and having the power to prosecute architects who breached the Act. (8) Functions of the Board were to maintain an up-to-date roll of architects and a Voluntary List of Architects' Practises in order to assist with inquiries from members of the public. The Board also monitored breaches of the Architects Act by architects, and non-registered persons, partnerships and corporations. The board was responsible for the accreditation and assessment of qualifications in architecture gained outside Australia and for setting examinations as well as awarding annual scholarships. (9)

The Architects Act, 1921 was amended in 1941. A significant addition in Section 19 stated that a) a person practising naval architecture may use the name 'naval architect', b) an employee of an architect may use the name 'architectural assistant' or 'architectural draftsman', c) The term 'architectural' may be used by persons carrying on the business of suppliers of wares, instruments, or materials used in connection with architecture. (10)

In 1969 the Act was amended by stating in section 13 (iii) (1) that no person will be entitled to be registered unless he or she had completed at least two years' experience in an architectural capacity. (11)

Further amendments occurred in 1983. Section 5 altered the composition of the Board to consist of ten members, three ex-officio, three elected members comprising of architects and four appointed members. Section 6 (i) stated that the three-year term for appointments to the Board be replaced by 4 years, and the persons previously appointed by the Governor were replaced by those nominated by the Minister. 6 (iii). Section 9A stated that the register will contain names of both chartered and non-chartered architects, thus introducing a two-tier system of registration. Section 13 (1) (e) stated the registration requirement as a person having special qualifications and special experience without specifying a time period. (12)

Under section 59 of the Architects Act 2003 (Act No.89, 2003) the Board was re-constituted as the NSW Architects Registration Board from 30 June 2004 under section 59. (13) The reconstituted Board consisted of 11 members: (a) the immediate past President of the New South Wales Chapter of the Royal Australian Institute of Architects, (b) the NSW Government Architect, (c) one academic architect who teaches architecture at a relevant educational institution (d) 2 architects who are elected by architects (e) one architect who is to be appointed by the Minister, (f) 5 persons who are to be appointed by the Minister who are not architects. (14)

On 2 April 2003, the Department of Public Works and Services was amalgamated into the Department of Commerce. (15) From 1 July 2009 the Department of Commerce was abolished and its functions (including the Board) were transferred to the new Principal Department, the Department of Services, Technology and Administration. (16) On 23 April 2014, the Department of Finance and Services became the Office of Finance and Services, a public service executive agency related to The Treasury. (16) The Office of Finance and Services then became the Department of Finance, Services and Innovation on 1 July 2015. (17)

When the Department of Finance, Services and Innovation was abolished on 1 July 2019 the Board was transferred to the new Department of Customer Service. (18)

Endnotes
1. Board of Architects of New South Wales website, http://www.boarch.nsw.gov.au/42.html (accessed 2014); NSW Government Gazette No.14, 10 January 1975, p.151.
2. NSW Government Gazette No.120, 24 September 1976, p.4089; NSW Government Gazette No.165, 24 December 1976, p.5735.
3. NSW Government Gazette No.115, 28 July, 1922 p.4190.
4. An Act to provide for the registration and to regulate the practice of architects; and for purposes connected therewith. Architects Act (No.8, 1921) Part II 5. (2)
5. ibid. Part II 6 (1).
6. ibid. Part II 8 (1).
7. ibid. Part III 9 (2) a, b and c.
8. website op.cit.
9. ibid.
10. An Act to amend the Architects Act, 1921, in certain respects; and for purposes herewith (Act No. 25, 1941), s.19 a, b and c.
11. An Act to make further provision with respect to constitution of the board of Architects of New South Wales, the resignation of architects, the architects Fund and penalties under the Architects Act, 1921-1965; for these and other purposes to amend the said Act; and for purposes connected therewith. (Act No.16, 1969).s. 13 (iii) (1).
12. An Act to amend the Architects Act, 1921, in relation to the constitution of the Board of Architects of New South Wales. (Act No. 25, 1983).s. 5 (1), a, b & c, s. 6 (3), s.9A, s. 13 (1) (e) ii).
13. Architects Act 2003 (Act No.89, 2003) s.59 and Schedule 3: 4(1) as legal continuation of the former Board; NSW Government Gazette No.104, 25 June 2004, p.4382.
14. Ibid. s.60.
15. NSW Government Gazette No.67, 2 April 2003, p.4331.
16. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cl. 28; notified on NSW Legislation website, 27 July 2009.
17. Administrative Arrangements (Administrative Changes - Ministers and Public Service Agencies) Order 2014 (2014 No 233), cls. 4 (5), 6 (1); notified on NSW Legislation Website 23 April 2014.
18. Administrative Arrangements (Administrative Changes - Public Service Agencies) Order (No 2) 2015 (2015 No 250), cls. 5, 12 (1); notified on NSW Legislation Website, 29 May 2015.
19. Administrative Arrangements (Administrative Changes -Public Service Agencies) Order 2019 (2019 No 159), cl. 7; NSW Legislation Website 2 April 2019.