Australian Capital Territory Numbered Acts

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ARCHITECTS ACT 2004 (NO. 20 OF 2004) - SECT 89

Registered architect to give evidence of insurance

    (1)     Before providing an architectural service to a person (the client ), a registered architect must give the client evidence of what professional indemnity insurance the architect holds in relation to the service to be provided.

    (2)     The registered architect may ask the client to sign an acknowledgment that the client has been told about the architect's professional indemnity insurance.

    (3)     The acknowledgment must state the time and date it was given.

Note     If a form is approved under s 92 for an acknowledgment, the form must be used.

    (4)     If the client signs the acknowledgment, the registered architect must immediately give the client a copy of it.

    (5)     The architects board may assume that the client was not told about the professional indemnity insurance the registered architect holds if—

        (a)     a question arises whether the client was told about the architect's insurance; and

        (b)     an acknowledgment under this section is not produced; and

        (c)     it is not proved that the architect told the client about the insurance.

    (6)     The registered architect is taken to have given evidence of what insurance the architect holds before providing an architectural service to a person if the architect advertised the insurance held at the time of providing the services in a way likely to come to the attention of the client.

Example of advertising insurance held

1     including details of insurance in the telephone directory, if the details are correct at the time the service is provided

2     having details of insurance on the vehicle used to provide the service or transport to the location to provide the service, if the details are correct at the time the service is provided

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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