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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-03 Daily Xml
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ARCHITECTURAL PRACTICE BILL

Committee Stage

In committee.

Clauses 1 to 12 passed.

Clause 13.

The Hon. P. HOLLOWAY: I move:

Page 8, after line 35 [clause 13(1)]—Insert:

(fa) to take such measures as the Board considers appropriate to promote education in architecture, to assist students in architecture or to further knowledge of architecture among the public;

As I indicated in my response to the second reading of this bill, I had undertaken to take up a couple of matters that had been raised by the board in discussions, and they were keen that one of the tasks of the board that should be included was to promote education in architecture.

Although, arguably, the board could have undertaken that role without it being specifically set out in accordance with its wishes, I have moved this amendment so that it is quite clear that it has this educative function as part of its task.

The Hon. D.W. RIDGWAY: I indicate neither support nor opposition to the amendment; I simply place on the record that the minister's earnest adviser gave me a copy of these amendments at about 1pm—it might have been a little earlier but some time today. I put a call into the Architects Board. I am not doubting the comments or advice that the minister's adviser gave me but I have no idea what the Architects Board's view is, and we are awaiting a response from it.

The Hon. P. HOLLOWAY: Perhaps I could read into the record an email from James Bailey, the registrar of the Architects Board as follows:

Thank you for this advice and your telephone call yesterday afternoon. I have discussed this with Andrew Davies–

who is the chair of the Architects Board–

and we have no issue with the proposed amendments to the bill.

Clearly, they are happy with these amendments. As I say, this amendment relates only to the functions of the board.

The Hon. D.W. RIDGWAY: I do not want to prolong things but I indicate that, if we get contrary advice from the Architects Board or the registrar, we will perhaps take some appropriate action and move an amendment to the bill.

The Hon. P. HOLLOWAY: We are doing this only because it was a matter that was raised by the board in a meeting with me. This bill has been in discussion with the Architects Board for a long time. In fact, the competition policy review was before we came into government; that is how far back it goes. There was a competition policy review in, I think, the late 1990s or early 2000s.

As I said, under this legislation, there are a number of functions that the board has, some specifically related to keeping the register of architects and registered architectural businesses. The board was keen to have this function and it was really at its request that I have added this measure. The only issue really was whether the wording of it was satisfactory, and it appears that is the case. I certainly would not be doing this unless it was at the board's request.

Amendment carried; clause as amended passed.

Clauses 14 to 67 passed.

New clause 67A.

The Hon. P. HOLLOWAY: I move:

Page 32, after line 6—After clause 67 insert:

67A—Immunity from liability

(1) No civil liability attaches to the registrar for an act or omission in the exercise or purported exercise of powers or functions under this act.

(2) An action that would, but for subsection (1), lie against the registrar lies instead against the board.

(3) This section does not prejudice rights of action of the board in respect of an act or omission of the registrar not in good faith.

This provision is similar to what is in the current bill and ensures that no civil liability attaches to the registrar for an act or omission in the exercise or purported exercise of powers or functions under this act.

It is my advice that this issue is being properly addressed through the Public Sector Bill, which is currently before the parliament. However, we could have a situation where that bill is passed by both houses, assented to and then proclaimed, and in the meantime this bill is proclaimed, creating a gap between the two. What we have done is to include this amendment in the bill which could subsequently be deleted if and when the new Public Sector Bill goes through. It is covered under that bill but, just to make doubly sure, should there be some timing problem, it will be covered by this particular clause. That should put any issues beyond doubt. Certainly, it has always been the government's intention that there should be an immunity from liability for the registrar for any acts or omissions in the exercise of his or her power under this act.

The Hon. D.W. RIDGWAY: I indicate that this amendment is the same as the other one, in that it was provided to us only a couple of hours ago and, likewise, I have had no advice from the registrar or the chairman of the board. However, we will support the amendment that the minister has moved, having put that information on the record.

The Hon. P. HOLLOWAY: The amendments were tabled yesterday. I apologise if the honourable member's attention was not drawn to them. I did ask for them to be tabled well before we had this debate but, unfortunately, my office did not contact the honourable member until then. Again, I assure the honourable member that the amendments are at the request of the Architects Board. As I said, they will be addressed in the Public Sector Bill when we deal with that legislation. This will at least ensure that there is no window of opportunity for the registrar to be vulnerable for any action against him for liability.

New clause inserted.

Remaining clauses (68 to 70), schedule and title passed.

Bill reported with amendments.

Third Reading

Bill read a third time and passed.

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