Architects Act 1991 (review)
VCAT can review certain decisions made by the Architects Registration Board of Victoria under the Architects Act 1991.
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.
Cases we can hear
You may be able to apply for a review if 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 about 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.
Cases we can't help with
We can’t accept:
- some cases where one party lives in another state or is a Commonwealth government organisation
- cases heard under federal law instead of Victorian law.
Legislation that gives VCAT the power to hear these applications
Sections 42 and 43 of the Architects Act 1991
Documents you need to apply
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 according to section 37, apply within 14 days of the Board giving notice of the determination.
You should apply within three months of the Board failing to grant within the prescribed timeframe:
- an application for registration
- a request to revoke the suspension of a registration
- a company or partnership application for approval
- a request to revoke the suspension of a company or partnership approval.
In any other case you should make your application within three months of the Board or a tribunal (appointed under Division 2 of Part 4 of the Act) giving notice to the person, company or partnership of the determination.
What can VCAT order?
Unless the Act 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 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.
Putting the original decision on hold
In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision.
If you want the original decision put on hold, you must ask for this by indicating you want a ‘stay’ on the application form and briefly explaining why you are seeking a stay.
It may not be possible to put the decision on hold if there would be no practical effect in doing so.
VCAT will ask the decision maker if they agree to any stay. If the decision maker doesn't agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.