Author: lauraj

Notre-Dame de Paris

The Australian Institute of Architects adds its voice to the outpouring of regret at the extensive fire damage sustained by the Cathedral of Notre-Dame de Paris overnight.

Speaking on ABC News 24, National President Clare Cousins said the 850-year old structure was an example of architectural endeavour at its finest.

‘Notre-Dame de Paris is not only a sacred place of worship, it is a place loved by generations upon generations of people all around the world,’ Ms Cousins added.

‘Over the centuries it has become a cherished part of our cultural fabric, something that incites wonder, a symbol of love, resilience and a structure of tremendous worldwide significance.

‘We, alongside countless others across the globe, mourn the damage that has been inflicted by this devastating fire.

‘The overwhelming response to this terrible event reinforces the extraordinary power truly great architecture has to bring people together, to provide a place where countless special memories are made, where wonder and magic abound.

‘Restoring this icon will take extraordinary skill, time and resources – but what’s not lacking is the determination to do so.

‘We share the anguish and immense sorrow of the French people at this loss but likewise we have every confidence in their ability to restore the Cathedral with great cultural sensitivity.’

From the CEO

CEO Julia Cambage
Photographer: John O’Rourke

It has been a wonderful few months since I started as chief executive officer of your Institute, getting to know members across the architecture profession.

It has been both enjoyable and illuminating travelling around the country to meet with industry representatives and refine the best way forward for our profession.

It is exciting to come on board at this time, amid a strong focus on strategic engagement and advocacy, while continuing to meet the needs of an engaged membership.

Thank you to all for the welcome and for your ongoing efforts to developing a strong architecture profession and consolidating ours as the voice for architecture.

At the Institute we are always working on new and improved ways to increase member value and advocate for the profession.

The federal election, called last week, heralds a potential period of change in the building and construction industry depending on the result on May 18. We released our federal election platform on Friday, showcasing the priorities we want our parliamentarians focused on.

We have some significant projects underway to provide a best practice framework for working architects, while advancing the cause of the profession and the built environment.

You told us about the complexity and diversity of government agency and institutional expressions of interest and requests for tender. Over time there has been an increased risk for architects to complete the often complex documents required to bid on these EOIs and RFTs.

The Institute’s research investigated contemporary experiences and perceptions of architects, clients, government agencies and institutions.

We found there is a misalignment between architects’ perceptions and those of the government client regarding criteria, evaluation, weightings and especially the level of detail required in the process.

So, the Institute has devised a series of guidelines to identify best practice in architecture procurement with the aim of encouraging potential clients to review their methods and requirements, and align them with contemporary best practice.

I commend these guidelines to you and encourage you to share them with clients so we can all benefit from high-quality built environment outcomes, achieved through efficient and fair means.

Procurement processes and contracts are also at the heart of the recent Lacrosse decision in the Victorian Civil and Administrative Tribunal.

For many years the standard practice for the delivery of large projects has been the Design Novated Construct (DNC) model.

Under this process, it is critical that the responsibilities of architects and all contractors are allocated appropriately to the party that can manage that risk optimally.

The Institute want to determine the best possible DNC contract process, and we are asking for your help.

We are seeking your input to this survey so we can better understand how members are affected by novation. We will then undertake further research and engagement before liaising with other stakeholders. The survey closes on April 26.

Thank you for engaging with this critical issue for the profession.

Likewise, at the Institute we are always focused on creating the best value for you as our members.

We want to test feedback and ideas from our Chapter Councils and Committees about our membership structures, understand what services and activities you think are the most valuable, and determine the best benefits and membership model for the Institute into the future.

It would greatly assist if you could provide some feedback in the Survey Matters questionnaire.

An email should have been sent to you from Survey Matters. If you have not received it, please contact Survey Matters on support@surveymatters.com.au.

We appreciate your time and feedback as we work toward our strategic goal to make the world a better place through architecture.

This survey also closes on April 18.

Finally, as many of us take a break over Easter, we wish you a safe and happy holiday.

Julia Cambage
Chief Executive Officer

 

Australian War Memorial’s claims contradict own Tender documents on Anzac Hall

8 April 2019

The Australian Institute of Architects is calling on the Australian War Memorial management to clarify false and misleading claims published yesterday about the future of Anzac Hall.

In comments reported in the Canberra Times, a spokesperson for the Australian War Memorial is quoted as saying, ‘The replacement of Anzac Hall represents best value for money while maximising exhibition space, without risk to the integrity of the original heritage building.’

The newspaper goes on to report that, ‘When asked if the memorial would consider a design that did not demolish Anzac Hall, he said any design that met the cost and space parameters would be assessed equally.’

National President Clare Cousins said these claims contradicted the tender documents issued by the Australian War Memorial via AusTender on 13 February 2019.

‘The EOI [expression of interest] issued by the Australian War Memorial expressly requires the demolition of Anzac Hall and construction of a new structure and glass atrium,’ Ms Cousins said.

‘For their spokesperson to suggest that other design outcomes would be considered is disingenuous at best and deliberately misleading at worst.

‘To suggest the demolition of Anzac Hall offers the least risk to the heritage integrity of the original building is preposterous. The current structure was designed specifically to be sympathetic to the main structure and we would argue has since accrued its own heritage value as well.

‘The EOI does not allow any other design other than in accordance with the reference design which is tied to a new structure and glass atrium – so it severely limits the options.

‘This is a corruption of the intended purpose of reference designs– they should only be used to see what can be done and to develop a business case. It is rare for the reference design to be the final design.

‘The design as a whole should be going out as an architectural competition and the Australian War Memorial should be seeking the Institute’s endorsement of the competition – a precedent clearly set for other landmark structures.

‘We have acted as an advisor for competitions for New Parliament House, the National Museum, and extensions to the National Gallery and our exclusion from this project will be to the detriment of the final outcome.’

ACT Chapter President Philip Leeson said the spokesperson’s suggestion that ‘…any design that met the cost and space parameters would be assessed equally’ directly contradicts Australian War Memorial Director Dr Brendan Nelson’s previous statements, both public and private.

‘Dr Nelson has been categorical in saying that Anzac Hall will be demolished,’ Mr Leeson said.

‘That’s what he told representatives from the Australian Institute of Architects when he met with us, at our request, on 7 November last year and it’s the same thing he’s said to the media.’

‘By the time it goes down we will have had 19 wonderful years out of it.’ – Dr Brendan Nelson, Canberra Times, 1 November

‘Dr Nelson said the works would begin with the knockdown of the ANZAC Hall in 2020 and its replacement with a much larger building.’ – The Australian, 1 November

Australian Institute of Architects’ Gold Medallists have also published an open letter opposing the demolition plans.

‘The Institute has received overwhelming feedback from members expressing their outrage and opposition to the demolition plans, which lack transparency and any genuine consultation,’ Ms Cousins said.

‘I’ve received numerous calls from architectural colleagues advising that they would not be responding to the Australian War Memorial’s EOI on this basis.

‘The Australian War Memorial’s single-minded determination to demolish the award-winning Anzac Hall, without engaging with industry, seriously undermines the immense value of our public architecture.

‘Our members care deeply about the work they do, they respect and value the work of their peers, and of the profession more broadly. They are looking to the Institute to defend not only this building that has received such acclaim, but the process that surrounds decision making about our iconic structures, and we will.’

‘The response to the demolition plans locally has been incredibly strong and impassioned, both from Institute members and the wider community,’ said Mr Leeson.

‘Largely in response to public demand, we have this week launched an online petition to save Anzac Hall. We have an ever-growing pool of people, including a number of high-profile Australians, coming to us unprompted to offer their support.

‘People are quite simply at a loss as to why options that allow for the preservation of the existing structure as part of the expansion don’t appear to have been given due consideration.

‘If the Australian War Memorial’s management thought our and the community’s opposition to their destructive plans would simply fade away, they have grossly miscalculated.’

Federal Budget Briefing and Budget in reply – Budget Highlights pertinent to the Architecture Profession

The budget surplus was the centrepiece of the 2019-2020 budget. The 2019-20 Budget is a pre-election budget. There is a focus on apprenticeships and education. The key messages are focusing on jobs and growth. Emphasis has been placed on delivering the ‘First surplus in 12 years’. Infrastructure is a centrepiece, with the government announcing an increase on the 2018 budget ‘record’ $75bn infrastructure investment bringing it up to $100bn. Aside from infrastructure, housing and the built environment more broadly, are barely mentioned. Read on for the full bespoke budget debrief exclusively for Institute members. 

 
The Economy

Globally:

  • Unemployment rates in a number of advanced economies are near record lows and there has been a pick-up in wage growth in the United States, euro area and Japan
  • Australia is expected to continue to benefit from growth in major trading partners, with economies in the Asian region growing relatively strongly
  • Uncertainties remain around trade tensions, emerging market debt vulnerabilities and geopolitical issues. Australia will continue to promote and benefit from free and open trade

Domestically:

  • There is a budget surplus of $7.1 billion in 2019-20
  • Total revenue for 2019-20 is expected to be $513.8 billion, an increase of 3.6 per cent on estimated revenue in 2018-19. Total expenses for 2019-20 are expected to be $500.9 billion, an increase of 2.8 per cent on estimated expenses in 2018-19
  •  The residential housing market has cooled, credit growth has eased and we are yet to see the full impact of flood and drought on the economy
  • GDP growth is expected to pick up to 2¾ per cent in 2019-20
  • There is a commitment to creating a further 1.25 million new jobs over the next five years 
 
Tax
  • The Government will keep taxes as a share of GDP within the 23.9 per cent cap.
  • Immediate tax relief for low and middle income earners of up to $1,080 for singles or up to $2,160 for dual income families to ease the cost of living
  • Lowering the 32.5 per cent rate to 30 per cent in 2024-25, ensuring a projected 94 per cent of taxpayers will face a marginal tax rate of no more than 30 per cent
  • A further $158 billion of tax relief, building on an already legislated Personal Income Tax Plan.
  • SMEs to get additional tax relief through company tax cut to 25 per cent+ access to $2bn finance fund
  • Increase and expansion to instant-asset write off, up to $30,000 every time used and include businesses up to a turnover of $50m. 
 
Skills

A new $525 million skills package (Vocational Education and Training)

  • Create 80,000 apprenticeships
  • Double incentive payments to employers (now $8k) + $2k payment to apprentices
  • 10 new training hubs
  • Further funding to increase participation of women and girls in STEM
 
Higher Education
  • The government has committed to investing $17.7 billion in the university sector in 2019. This is projected to grow to more than $20 billion by 2024
  • The budget provides for $93.7 million over four years from 2019 20 for scholarships for students to study at a regional campus of a university or vocational education training provider
 
Climate change and sustainability
  • A $2 billion Climate Solutions Fund will boost agricultural productivity, support jobs for Indigenous communities and improve biodiversity and water quality, as well as reduce greenhouse gas emissions.
  • The budget commits $79.2 million to help households, businesses and community groups lower their power bills by helping them better understand their energy consumption and invest in more energy efficient appliances.
  • The budget provides $137 million for Practical Environment Restoration to support Australia’s natural environment. This includes a $100 million Environment Restoration Fund to help protect Australia’s threatened species, restore the coasts and waterways and take practical action on waste and recycling.
  • A new National Electric Vehicle Strategy will ensure a planned and managed transition to new vehicle technology and infrastructure.
 
Energy
  • The budget commits $284 million for a one off, income tax exempt payment of $75 for singles and $125 for couples to more than 3.9 million eligible social security payment recipients, assisting with their next power bill and cost of living expenses
  • The Snowy 2.0 project has been provided with a $1.4 billion equity injection. The project will firm up intermittent renewable energy and provide storage which can meet the peak demand of up to 500,000 homes 
 
Infrastructure

The budget boosts infrastructure spending to $100bn over a decade (up from $75bn)

  • This includes $23bn of new funding however much of this appears to remain unannounced (in preparation for the upcoming federal election campaign)
  • Includes $6.5bn over the forward estimates and over 30 additional major projects
  • Four-fold increase to the Urban Congestion Fund (announced in last year’s budget) from $1bn to $4bn (these predominantly appear to be road projects)
  • Will include $500m commuter car park fund
  • $2bn fast rail Melbourne to Geelong (previously announced)

–   Includes $40 million (from last year’s budget) for detailed assessments of five fast rail corridors from Sydney to Wollongong, Sydney to Parkes (via Bathurst and Orange), Melbourne to Albury Wodonga, Melbourne to Traralgon, and Brisbane to the Gold Coast.

–  These will complement the three presently underway that the Commonwealth has funded, which include Sydney to Newcastle, Melbourne to Greater Shepparton, and Brisbane to the Sunshine Coast

–  A National Faster Rail Agency will be established to provide advice to the Government on fast rail, as well as to identify fast rail corridors and lead the development of business cases.

  • $2.2bn road safety package
  • Regional Australia will benefit from a new $220 million investment in improved internet and mobile services through the Stronger Regional Connectivity Package
  • The Government is investing $100 million in Regional Airport infrastructure upgrades to improve airport safety and access

Given the imminent federal election, we will provide a comparison of the budget in reply speech by the opposition later this week.

Budget in reply

The ALP budget in reply speech given on Thursday 4 April 2019, outlined the following actions that they would take if elected in the forthcoming federal election.

Tax 

Labor will

  • Support the Government’s tax cuts starting 1 July this year
  • Eliminate income-splitting in discretionary trusts – without affecting our farmers
  • End tax refunds for people who currently pay no income tax (dividend imputation)
  • Reform negative gearing and capital gains
  • Introduce a tax cut for every Australian small business, for 93 percent of all businesses


Wages

Labor will

  • Restore Sunday penalty rates
  • Crack-down on wage theft and the abuse of labour hire where companies shift their permanent jobs onto labour hire jobs to cut their pay
  • Support enterprise bargaining
  • Lead a new push to pay equity for Australian women


Manufacturing

Labor will

  • Establish an Advanced Manufacturing Future Fund to ensure auto-firms in South Australia and Victoria can adapt and modernise
  • Commitments:
  • to defence manufacturing and local procurement
  • to agriculture, science and research
  • to tourism and renewable energy
  • and to a better NBN


Health

Labor will

  • Reverse the cuts to hospitals and create a $2.8 billion Better Hospitals Fund:

– Putting more beds in emergency departments and on wards
– Reduce waiting lists for elective surgery
– Upgrade emergency department facilities in the suburbs and the regions: including better security measures for staff and patients 

  • Provide new MRIs to 20 hospitals and imaging centres in the regions and outer suburbs and these machines will be covered by Medicare.


Justice

Labor will

  • Create a National Integrity Commission – a Federal ICAC – to improve accountability in politics and public life.
  • Introduce national Redress for the survivors of child sexual abuse.
  • Introduce new healing initiatives for the Stolen Generations and to reduce the shocking numbers of Aboriginal kids growing up away from country and culture.
  • Create a special taskforce inside the Commonwealth Department of Public Prosecutions to follow through the work of the Banking Royal Commission.


Climate Change

Labor will target:

  • 50 per cent renewables by 2030
  • 45 per cent cut in emissions by 2030
  • And zero net pollution by 2050.


Education

Labor will:

  • uncap university places – providing over 200,000 more university graduates
  • for TAFE:

– renovate the campuses and rebuild workshops
– two out of every three as a minimum of training dollars to go to public TAFE
– invest in programs to help older workers re-train in later years
– cover all up-front fees of 100,000 TAFE places in high priority sectors


Infrastructure

Labor will invest in:

  • Cross River Rail in Brisbane
  • Western Sydney rail line
  • Improve the Bass Highway in Tassie
  • Expand the Mitchell Freeway to cut congestion in WA
  • Upgrades to the Bruce Highway in Queensland


Housing

In addition to reforms to negative gearing and capital gains tax, Labor will:

  • Spend $6.6 billion to incentivise the construction of 250,000 new affordable homes over 10 years by providing 15-year subsidies of $8,500 per year to investors who build new houses – conditional on them being rented at 20 per cent below market rent.
  • Increase penalties on foreign investors.
  • Re-establish the National Housing Supply Council, ideally as a statutory body, to monitor performance and measure housing need based on key demographic trends, socio-economic and cultural factors.
  • Re-establish an appropriate governance mechanism to facilitate coordination of homelessness and affordable housing policy, potentially within the Council of Australian Government structure.
  • Have a dedicated Commonwealth Minister for Housing.
  • Support the emergence of a new build-to-rent asset class by reducing the applicable Manged Investment Trust withholding tax rate to 15 per cent (down from 30) for rental housing.


The ALP has also previously supported the Government’s bond aggregator for social and community housing administered by the recently established National Housing Finance and Investment Corporation (NHFIC). NHFIC is likely to be retained (if potentially renamed) by an incoming Labor government.


There is also discussion of a second National Rental Affordability Scheme (NRAS), given that NRAS one grants have started to expire.

SUMMARY OF THE LACROSSE DECISION

Owners Corporation No.1 of PS613436T v LU Simon Builders Pty Ltd (Building and Property) [2019] VCAT 286

 
INTRODUCTION

On February 28, 2018, Judge Woodward of the Victorian Civil and Administrative Tribunal (VCAT), handed down the first major decision in Australia in relation to the respective liability of parties involved in the design and construction of a building that included combustible cladding.

The case concerned the fire at the 21-storey Lacrosse apartment tower in La Trobe Street, Docklands, in Melbourne. Lacrosse suffered a serious cladding fire on November 24, 2014, started by a single cigarette on a balcony.

In late 2018, the builder agreed to replace the aluminium composite panels (ACPs). This resulted in the legal proceeding, which focussed on the allocation of responsibility between the remaining respondents.

Legal action in the Lacrosse matter involved 211 applicants (the owners) and five key respondents. The first was LU Simon the builder, the second and third were the building surveyor and his employer the Gardner Group, the fourth was the architect Elenberg Fraser, and the fifth was Thomas Nicholas, the fire engineer. 

FINDINGS

The judgement focuses on the selection, approval and installation of the ACPs that enabled the fire spread.

Aluminium Composite Panels
The Tribunal found that the composite metal panel wall and soffit cladding performance system specified in the original design (‘indicative to Alucobond’), failed to comply with the Building Code of Australia (BCA). The judgement also found the substitute ACP ultimately installed also failed to comply with the Deemed to Satisfy (DTS) provisions of the BCA and accordingly, the Building Regulations 2006 (Vic)

The Builder
It was found that in installing the cladding, L U Simon breached the implied warranties of suitability of materials, fitness for purpose and compliance with the law set out in section 8 of the Domestic Building Contracts Act 1995 (Vic). The Tribunal found the builder breached the warranties implied in the design and construct contract under section 8 of the Domestic Building Contracts Act 1995 (Vic) (the Act). That is, the warranties as to:

  • suitability of materials; (section 8(b) of the Act);
  • compliance with the law (which includes the BCA) (section 8(c) of the Act); and
  • fitness for purpose (section 8(f) of the Act).

The tribunal found the warranty for fitness for purpose was “absolute”.

It was held the builder did not fail to exercise reasonable care by installing combustible ACPs. In 2011, when the ACPs were installed, there was a poor understanding among building professionals of the fire risks associated with ACPs, and there was no reason to expect the builder to have a superior understanding to that of architects, building surveyors or fire engineers. No evidence was given that the builder did not act reasonably or in accordance with what would be expected of a reasonably competent builder in the circumstances of the case. The judgement states:

For a large and complex project, [the builder] has sought to cover acknowledged shortcomings in its own expertise by engaging highly skilled professionals to (in a variety of different ways) direct and supervise its work.”

The effect was that the builder was liable for all loss, as between the owners and the builder. 

Superintendent /project managers
While dependent on the particular facts, the Tribunal held there was no duty of care owed by the superintendent to the owners.

The project manager/superintendent, PDS, reached a settlement and withdrew from direct involvement before the judgement, however it is important to note that is irrelevant to the Tribunal’s finding of no duty of care, which was based on the nature of their responsibility outlined in the contracts they held.

The Consultants
The building surveyor, fire engineer and architect were all held to have breached their consultancy agreements with the developer (which were novated to L U Simon by the developer) by failing to exercise due care and skill. 

It was decided the building surveyor failed to exercise due care and skill in:

  • issuing the building permit that approved the architect’s specification of ACPs “indicative to Alucobond”; and
  • failing to notice and query the incomplete description of the cladding systems” in the fire engineering report.

It was found that the architect failed to exercise due care and skill in:

  • failing to remedy defects in its design (namely, in the architect’s specification and drawings which provided for the extensive use of ACPs on the façades), which caused the design to be non- compliant with the BCA, and not fit for purpose with its own design intent articulated in the specification and the BCA and not fit for purpose”; and
  • Failing as head design consultant, to ensure the ACP sample provided by the builder was compliant with the architect’s design intent as purportedly articulated by the T2 specification and the BCA It was found that the architect was liable for approving the builder’s substitution of Alucobest, which the architect approved on the basis of warranty and colour and requested confirmation of specification requirements being met. 

It was decided that the fire engineer:

  • failed to conduct a full engineering assessment of the Lacrosse tower in accordance with the requisite assessment level dictated within the International Fire Engineering Guidelines, and failing to include the results of that assessment in its Fifth FER” (fire engineering report); and
  • Failing to recognise the ACPs proposed for use in the Lacrosse tower did not comply with the BCA and failed to warn at least LU Simon” (and probably also the building surveyor, the architect and the superintendent) of that fact.
 
THE RESULT

While L U Simon was liable to pay damages to the owners, the damages payable by L U Simon are to be reimbursed by the other Respondents as “concurrent wrongdoers” pursuant to Part IVAA of the Wrongs Act 1958, in the following proportions:

  • Gardner Group: 33 per cent
  • Elenberg Fraser: 25 per cent
  • Thomas Nicolas: 39 per cent
  • Mr Gubitta: three per cent

No order was made against Mr Gubitta and L U Simon was not reimbursed the three per cent damages it is liable to pay to the owners that was apportioned to Mr Gubitta.
Damages of $5,748,233 were awarded. The remainder of at least $6,823,165 is to be the subject of further submissions and remain unresolved.

Implications for the industry
Two issues that the Tribunal noted:

  • Comments “should not be read as commentary generally on the safety or otherwise of ACPs and their uses”.
  • “The decision should not be taken as a general statement of how and where liability will fall in similar cases. Caution must also be taken given the specific facts and contractual clauses that were pertinent to the finding.” 

Regardless, the decision will have significant consequences for regulators, builders, design consultants, building surveyors, insurers, developers and owners of affected properties.

What next?
This decision raises many questions that we plan to explore in more detail in coming weeks:

  • Understanding performance solutions vs deemed to satisfy compliance with the BCA
  • The developer, builder (head contractor) and project manager/superintendent are typically the parties that drive the decisions on these projects – what are their responsibilities?
  • Understand and define the rights, roles, responsibilities and risks under a design and construct contract for all parties
  • The regulator’s role – the Australian Building Codes Board and local regulator and the potential misinterpretation of C12(f) of the Building Code of Australia (BCA)
  • Insurance implications and risk mitigation

From the National President

Clare Cousins

18 Mar 2019


On behalf of the Australian Institute of Architects, I offer our sincerest condolences and support to the people of Christchurch and Islamic communities here and abroad. At this sad time it is more important than ever that we all stand together and remain committed to creating safe spaces – be they places of worship, learning, work, play or living – for all our communities.

Regulatory reform

The Building Minister’s Forum (BMF) last week released the much-anticipated ‘implementation plan’ for the recommendations put forward in last year’s Shergold-Weir Building Confidence report.

You can view the relevant materials at this link.

The Institute has been a vocal supporter of that report and active contributor to policy debates surrounding it. I was pleased to represent the Institute’s members at last month’s BMF meeting in Hobart.

Naturally we have been reviewing the plan in detail and will have more to say on the matter.

Our preliminary view, however, is that certain features, such as the commitment to taking a national approach to reform, and to work with industry and regulators, are very positive.

Other aspects are distinctly underwhelming, such as a lack of agreement to true, nationwide harmonisation of regulation and timeframes for implementation. We also have outstanding concerns around the issue of registration of site or project managers, and how regulators apportion responsibility.

The latter potentially has implications as regards the recent landmark Victorian Civil and Administrative Tribunal (VCAT) ruling regarding Lacrosse.


VCAT decision on Lacrosse

The VCAT decision has caused concern for members and consultants in the building and construction sector.

The case was brought against the contractor and consultants by the owners of the Lacrosse apartment building in Melbourne’s Docklands, which was damaged by a blaze in 2014 that was affected by the tower’s external cladding.

We continue to work through the implications of the decision, and further matters in the case that are yet to be decided and will be offering further advice in the coming weeks.

One issue that is under discussion is the implication of the judgement on future relationships between contractors and their consultants, and what responsibilities the contractor, superintendent/project manager, architect, engineers, building surveyor and other consultants have under all contractual arrangements, including novated contracts. The responsibility allocated to architects as lead consultants under novated contracts needs a deeper investigation to make sure that contractual arrangements allocate risk appropriately to those who are best able to manage it. There needs to be clarification of the roles and responsibilities of all parties, especially project managers and superintendents. The Shergold-Weir report recommends they are registered/licensed to ensure they are appropriately qualified and experienced and we fully support that recommendation. We have been vocal on the adoption of all the recommendations from the report and we continue our call urging state and territory governments to implement this recommendation, and the other 23 recommendations, as a matter of urgency.

The Institute’s document Guiding Principles for Balanced and Insurable Novation Deeds aims to simplify the negotiation process for architects and their clients contemplating novation.

We are working with insurance firm Planned Cover and external legal professionals to provide articles and targeted, high quality CPD to assist the profession in developing a deeper understanding of their risks, roles, responsibilities and accountabilities under a novated arrangement, and throughout all stages of the procurement process.

Click here to read Five Tips for Successful Novation by Wendy Poulton from Planned Cover.

If you have any concerns, please speak with your insurer and a reminder that all corporate member architects (Member Level 1 and A+ Members) have access to a free legal reference service through the resources section of Acumen Practice Notes.

We are undertaking a research project on the impact of novated contracts on the profession. We will shortly be issuing a survey to members to gather facts and figures around the issue.

Clare Cousins
National President

Anzac Hall Update

On 1 November 2018 the Australian Government approved the Australian War Memorial Redevelopment Project with funding of $498.7 million over a nine-year period commencing in 2019/20.

The EOI for architectural design services was issued on 13 February and closes on 12 March.

The EOI is divided into 6 packages, one of which is for ANZAC Hall and the Atrium. This involves the demolition of the existing Anzac Hall.

We have expressed our deep concerns over the demolition of the award winning 17 year old building. Opened in 2001 at a reported cost of $11.3 million, Anzac Hall has been lauded for its sensitivity to the heritage and cultural context of this national memorial while also providing functional design. Architects Denton Corker Marshall won the Institute’s prestigious national Sir Zelman Cowen Award for Public Architecture for the building in 2005. At only 17 years of age, Anzac Hall is considered young in public building terms, where average lifecycles are 50 to 100 years.

There has been little transparency in the process to date and we have seen no evidence that the demolition is needed. Nor have we seen what other options were considered.

No approvals have been given by the National Capital Authority or the Parliamentary Public Works Committee for the design or for the demolition of Anzac Hall.

There has been no referral under the Environment Protection and Biodiversity Conservation Act 1999 to ensure that the proposed use does not have a significant impact on heritage values.

The EOI process will be followed by an architectural competition. No approach has been made to date to the Institute to endorse the competition.

Architects are passionate about preserving Australia’s heritage and honouring our national history, nowhere more so than the extraordinary service and sacrifice of the servicemen and women. That is the reason that Anzac Hall was designed with such care and sensitivity to the highest standards of design excellence, an effort recognised when it was selected above any other piece of public architecture to receive the Sir Zelman Cowen Award.

Destroying such an investment – of effort and of culture– is a waste and mark of disrespect.

It is incomprehensible that in planning what would otherwise be such a welcome extension at the War Memorial, so little regard has been shown for the cultural significance of Anzac Hall, which is a national landmark and much-loved exhibition space.

We are taking a range of actions to see Anzac Hall retained, and other options considered for the site. Join our Hands off Anzac Hall campaign here

Statement on VCAT ruling regarding Lacrosse

Responding to yesterday’s VCAT ruling relating to the 2014 Lacrosse building fire, the Australian Institute of Architects said the decision once again highlights the paramount importance of people’s safety in the built environment.

National President Clare Cousins said the Lacrosse fire has been a catalyst for important reviews into building regulation in Australia and their recommendations should be adopted.

‘Yesterday’s VCAT ruling underscores that people’s safety must be of paramount concern in our buildings,’ Ms Cousins said.

‘It reinforces the need for reform to prevent a repetition of this type of event – or worse – in future.

‘This is a landmark decision with significant ramifications right across the building and construction sector.

‘The Lacrosse fire alerted government, regulators and industry in the starkest terms to the dangers of aluminium composite cladding.

‘It prompted multiple examinations into the safety of our buildings, not just here in Melbourne but right around the country.

‘The VCAT ruling is substantial and will take time to fully digest.

‘The central message however appears clear, and that is that safety is everyone’s responsibility.

‘This is a message we fully support. We have been vocal advocates for reform and improved compliance and will continue to be.

‘Last year’s Shergold-Weir report, Building Confidence, identified serious failures that are jeopardising public safety.

‘We want to see measures put in place to rectify these failings and we repeat our call for governments to implement, in a nationally consistent way, every one of the 24 recommendations contained in that report.

‘Like any other industry, building design and construction is constantly evolving and innovating, both in terms of practices but also the materials used.

‘Our regulatory environment and the building practitioners who operate within it, including architects, must keep pace with these changes.

‘That’s why we have been calling for the registration and regulation of other building practitioners in the same way architects have been for decades.

‘We will be carefully reviewing the implications of the VCAT decision for the architectural profession.

‘It brings to the fore a number of critical issues that have been a growing concern for architects for some time.

‘Among these is the issue of non-conforming and non-complying building products and the issue of product substitution which formed the basis of a Senate Economics References Committee inquiry in 2017 that the Institute was actively involved in.

‘Changes to procurement practices and other factors have introduced a higher degree of risk in an already fraught environment and we are continuing to build the case for change on this front.

‘In a regulatory context, it is vital that risk is allocated to the party best placed to manage it – this is the best way to guarantee safety.

‘The safety and quality of our buildings must be prioritised above cost alone – doing otherwise should no longer be countenanced as a viable option.’

Prestigious Australian Institute of Architects Dulux Study Tour winners announced

Five of Australia’s best emerging architects will embark on a tour of Copenhagen, London and Lisbon, as winners of the prestigious Australian Institute of Architects Dulux Study Tour 2019.

Carly McMahon (Liminal Studio), Jennifer McMaster (TRIAS), Phillip Nielsen (Regional Design Service), Ben Peake (Carter Williamson Architects), and Alix Smith (HASSELL) were today announced as the award recipients following a rigorous selection process.

The Institute’s Dulux Study Tour is a respected and sought-after program that offers curated, first-hand experiences of some of the world’s best architectural sites and global firms. Award entrants must have graduated less than 10 years ago from a tier-two or five-year architecture degree.

The Institute’s National President and Jury Chair, Clare Cousins, said the award acknowledges the activities and achievements in architectural practice, education, design excellence and community involvement.

‘The jury was impressed by the winners’ depth of skill, engagement and dedication to their profession,’ she said.

‘We congratulate all for their success from such a competitive field of applicants. The Institute’s Dulux Study Tour is one of our most coveted awards that celebrates the importance of experiencing architecture first hand by our most promising emerging practitioners.’

She urged eligible members who were unsuccessful this year to reapply in 2020.

The Institute’s Dulux Study Tour to Europe allows participants to visit multiple projects, site tours, galleries and meet leaders of the industry at professional networking opportunities.

The five winners:

Carly McMahon (Tasmania)

Carly is an architect at Liminal Studio, which integrates design and architecture with interior design, furniture, object design, arts, curation and production design for projects including the Hedberg Performing Arts Centre and Cascades Female Factory History and Interpretation Centre.

Image: Matt Sansom

Jennifer McMaster (NSW)

Jennifer is a director of studio, TRIAS, and has worked on residential and cultural projects across Australia and the UK. She received the 2015 NSW Design Medal, and the NSW Australian Institute of Architects Graduate of the Year Award.

Image: Jonathon Donnelly

 

Phillip Nielsen (Victoria)

Phillip is the co-founder of Regional Design Service in Corowa, a firm aimed at delivering meaningful, thought-provoking and sustainable design outcomes for rural and regional communities and people.

Image: Georgie James

Ben Peake (NSW)

Ben is an associate at Carter Williamson Architects with a keen interest in exploring how cities can help shape human interaction. He was a founding member of Save Our Sirius and is a casual academic in the School of Architecture at UTS.

Image: Matt Fraser

Alix Smith (Victoria)

Alix is an Associate at HASSELL who has led projects from pop-ups to the Melbourne Metro. She has 10 years’ experience in the architecture industry, including a year teaching at the University of Melbourne.

Image: Victor Scorsis

 

Ms Cousins also thanked Dulux for its generous and ongoing support for Australia’s emerging architects. She also paid credit to fellow jurors Richard Hansen, Michael Linke, Carrie Field, Emily Ouston and Thom McKenzie.

Dulux Trade General Manager Richard Hansen congratulated the award winners for their commitment and excellence in the industry.

‘We are proud to support the 12th year of the Study Tour because we know what an important impact it has on Australia’s emerging talent,’ he said.

‘The tour offers unparalleled insights and exposure into the best architectural firms and projects in these European cities. It’s a great opportunity to learn from the best and bring that education back to Australian projects.’

Housing a growing nation – Parliamentary Breakfast

On the last sitting day before the federal budget and in the lead up to the next federal election, the Australian Institute of Architects hosted a Parliamentary breakfast in the nation’s capital. On Thursday 21 February 2019, National President Clare Cousins led an expert panel comprising Nicola Lemon, Chair of PowerHousing Australia and Denita Wawn, CEO of Master Builders Australia at Parliament House in Canberra. The panel, moderated by the Australian Financial Review’s Economics Correspondent Matthew Cranston, shared their perspectives on Australia’s housing affordability crisis for an audience of around 90 people including MPs, Senators and sector leaders. 

Read National President, Clare Cousins’ presentation on the importance of partnerships and the role of architects in this critical and complex issue below.

 

 

 

 

Housing a growing nation 

21 February 2019, Parliament House, Canberra

 

As you are all too aware, today is the last sitting day before the federal budget.

The spectre of the next federal election also looms large.

It’s extremely timely therefore that we stop and ask ourselves: what sort of nation do we want to build into the future?

I use the term build very deliberately.

This breakfast brings together organisations whose members provide homes for countless Australians.

For us, housing is our core business and affordability is of paramount concern.

Housing provides safety and security for people.

Housing is a basic human need and universal human right, and in the rapidly expanding cities and towns of the twenty-first century, there is a critical need for more flexible and diverse housing solutions.

Including here in Australia.

The affordable housing crisis in this country has deteriorated year on year and shows little sign of improving.

It’s a devilishly complex issue – and the lack of reliable statistics is part of the problem.

But our message here today is simple:

1. We need more affordable housing, much more

      

2. We need to ensure that this new affordable housing is of high quality

3. It will require investment, innovative ideas and financing solutions

  

And the only way we will succeed, is through partnerships.

Partnerships among industry, such as those here today.

And partnerships with government, at all levels.

Now I know many of you might be thinking “architects and affordability” – aren’t words that usually go together.

Allow me to set the record straight.

Architects have always been pioneers of new housing typologies, whose beneficiaries are predominantly those needing access to affordable housing options.

From Baugruppen in Germany to our own Australian grown version like Nightingale – in which I am a project lead – architects have pushed the boundaries using innovation and problem-solving skills.

For us, the first consideration is always quality.

Why?

Because housing is inextricably linked to health and wellbeing.

Good design delivers significant health sustainability benefits and increases the resilience and longevity of our built environment.

Look at the Millers Point in Sydney as a case in point “where 100-year-old original timber windows still operate perfectly” in premises originally intended for the city’s workers.

It is also critically important to create dignified spaces and living conditions.

And cost – while a convenient scapegoat to cite – is not an argument we will accept against pursuing good design.

Because the capital cost of a well-designed and well-built house or apartment is not much greater than the cost of a poor one.

And you have to look past the purchase price because over the lifecycle of the building costs can be significantly less.

Architect-designed buildings are more energy efficient, cheaper to operate and easier to maintain and adapt.

For example power costs are approximately $25 per dwelling per month at Melbourne’s Nightingale 1.

This is critically important to affordable housing, because housing must be not only affordable to purchase or rent, but must be affordable to maintain and live in over the long term.

As I think Nicola and Denita would agree, we stand on the cusp of delivering a vast new wave of affordable housing in Australia.

We must ensure it is fit for purpose and will go the distance.

To date, the majority of affordable housing has either meant speculative, low-density detached housing or more recently, apartment blocks with low amenity and lacking the common spaces that promote a sense of place and foster connected and socialised communities.

Much of it lacks character, has poor thermal performance and accessibility for aging residents and very little of it will age well, or last long.

Or it is on the urban fringe, often without appropriate infrastructure in place, meaning residents have to commute long distances to workplaces and amenities.

Take the recent release of seven new suburbs in Melbourne.

This degree of urban sprawl is not sustainable.

Releasing comparatively cheap land on the market, miles from transport, services and other amenities fails the test of being truly “affordable”.

It is time for new solutions and better ideas.

And the first step is access to better data.

We have no nationally consistent, regularly updated dataset that can track housing needs – for any type of housing, affordable or otherwise.

Reliable, up-to-date statistics are needed to inform a national affordable housing strategy.

And we need a federal minister to oversee it.

We do have some inkling of the magnitude of the task ahead.

AHURI’s most recent report says we need to triple our social housing stock “over the next 20 years to cover both the existing backlog and newly emerging need.”

By their reckoning, 25 years of inadequate investment has left Australia facing a shortfall of 433,000 social housing dwellings.

The current construction rate – little more than 3,000 dwellings a year – does not even keep pace with rising need, let alone make inroads into today’s backlog.

So how do we turn this around?

Inclusionary zoning is one option.

Incentivising state and territory governments to mandate that major new developments include an affordable component could vastly increase supply.

Long-term leases of public land to private sector developers for peppercorn rent is another option.

In this case the public asset is retained and the developer no longer has to factor in the cost of the land in their rental price.

It’s clear that we need innovative financing models and big ideas to bridge one of the biggest barriers – yield gap and I know Nicola will speak on this.

Equally important is the need to maintain a dual focus on affordable renting and affordable home ownership.

We must help provide pathways to home ownership, like WA’s tremendously successful keystart program, with low deposit home loans starting at just 2% for eligible applicants.

Things like the emergence of a new Build-to-Rent asset class also have the potential to revolutionise the affordable housing experience for countless generations of Australians.

While affordable homes to buy are the ideal, Build-to-rent is an important part of the housing mix.

Built-to-rent incentivises developers to build higher quality, sustainable buildings as they have a vested interest in their longevity and minimising ongoing running costs.

Built-to-rent can create an opportunity for longer lease terms, which provides more stability and housing security.

It has worked well overseas with a proven track record now in the US and UK.

Built-to-rent couldn’t come at a better time as we face the twin challenges of a growing and ageing population.

Today more Australians rent than at any time in the last six decades. One in three, in fact.

And at the same time, the proportion of Australians aged over 65 has and will continue to increase.

Build-to-Rent also aligns with another key affordability policy priority – increasing density in the middle ring.

This is especially critical to meet the housing needs of key workers.

But Build-to-Rent needs government support to get established.

And, while it clearly has the potential to be an important part of the affordability equation, Build-to-Rent on its own won’t solve Australia’s affordability crisis.

The Institute, together with our industry partners and government, want an integrated, national strategy to map out Australia’s affordable and sustainable housing future.

And this must include community-led Indigenous housing.

We want a framework that is supported across the political divide, because we know all of you want what is best for Australians – and this can help.

We want the economic benefits to flow from the increased productivity and lower demand on health, social and welfare services that we know can come from stable affordable social housing investment.

Most importantly, we need to constantly remind ourselves who we are doing this for – not ourselves or even necessarily our children, but the generations that come after them.

And some of the hardest working and most vulnerable among them.

There’s more than one school of thought that says a nation’s people are its greatest asset.

We need to look after them and housing is integral to that.

We don’t expect you to fix this on your own. Just like we don’t expect developers to, or Community Housing Providers to do all the heavy lifting.

But we do ask you to step up beside us and work in partnership.

To have the courage to try new models.

The guts to make major public investments.

The commitment to aim for better outcomes for the people you have the privilege to represent.

We know you care deeply about this issue and we thank you for coming to this event.

Thank you.