Architects Act 1991 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions made by the Architects Registration Board of Victoria under the Architects Act 1991.
Cases we can hear
You may be able to apply for a review if you are a person and the Architects Registration Board of Victoria has:
- refused your application for registration
- has failed to grant registration within prescribed times
- made a determination at an inquiry relating to you
- cancelled or suspended your registration without holding an inquiry
- refused to revoke a suspension
- failed to grant a request to revoke suspension
- determined not to hold an inquiry into someone's fitness to practise or into their professional conduct.
You may be able to apply for a review in relation to a company or a member of a partnership if the Architects Registration Board of Victoria has:
- refused the company’s or the partnership’s application for approval
- failed to grant approval within prescribed times
- cancelled or suspended the company’s or partnership’s approval
- refused to revoke suspension of the approval
- failed to grant a request to revoke suspension within prescribed times.
Legislation that gives VCAT the power to hear these applications
- Sections 42 and 43 of the Architects Act 1991
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
If the Board determines to cancel or suspend a company or partnership approval pursuant to section 37, make your application within 14 days after the day when the Board gives notice of the determination.
If the Board fails to grant:
- an application for registration within the prescribed time; or
- a request to revoke the suspension of a registration within the prescribed time; or
- a company or partnership application for approval within the prescribed the time; or
- a request to revoke the suspension of a company or partnership approval within the prescribed time
you should make your application within three months after the day on which the relevant prescribed time ends.
In any other case you should make your application within three months after the day on which the Board or a Tribunal (appointed under Division 2 of Part 4 of the Act) gives notice to the person, company or partnership of the determination.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.