The ARBV Board

About the ARBV Board

The Board leads the ARBV and sets the organisation's strategic direction. It also monitors ARBV's operations and policies.

The Board is to consist of at least 3 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister. The Minister must ensure that at least 3 Board members are registered architects and have leadership experience in the building industry.

In addition, the Board members must have certain skills and knowledge, or expertise set out in the Act. These skills and knowledge or expertise include:

administration of regulatory arrangements for the building industry
public engagement and communications
risk management
public administration or governance
financial, accounting or program management
strategic planning and architecture.

This Minister for the purposes of the Act is the Minister for Planning, the Hon. Sonya Kilkenny.

Current Board members

Dr Giorgio Marfella, PhD, M.Arch - Chairperson

Dr. Giorgio Marfella is an architect and full-time academic at the University of Melbourne's Faculty of Architecture, Building and Planning. He has served the Architects Registration Board of Victoria since 2019, including as chairperson, and he is the current President of the Architects Accreditation Council of Australia.

With a background as expert of high-rise architecture and construction, Dr. Marfella has published extensively, served as a visiting scholar internationally, and advises on architecture standards and education.

Sally Brincat, M.Arch(Practice) - Deputy Chairperson

Above all else, Sally is a strategist and loves flexing her strategic muscles across all kinds of complex projects, stakeholder groups, regulatory issues or people management challenges. Sally comes to the ARBV Board role having worked mostly within the education Architecture space over the past 25 years. As a non-practising Architect Sally is now consulting to business of all kinds on organisational and project advisory matters. Sally has worked in Architectural practices of all sizes and across most role types and is now business owner and Director of a multi-dimensional Consulting business. Truly inclusive and equitable design (and practice) are her top priorities in all aspects of life. A fierce advocate for fair and equitable workplaces and society, Sally practices the servant-leadership model, approaches discussions with curiosity and believes a robust debate of ideas makes organisations stronger and more sustainable.

Mark Curry, B.AppSc, BSW

Mark is an independent public policy and strategy consultant and former senior public sector executive and administrator with over 30 years of experience across local and state governments in a varied range of portfolio areas.

He has an extensive record of achievement in diverse fields including community services, transport, freight, ports, marine and local government and was inaugural Executive Director for Suburban Development, the first portfolio in an Australian jurisdiction to focus specifically on the role of our suburbs in the creation of community thriving and wellbeing.

He has extensive experience and particular interests in the design and implementation of effective regulatory and governance regimes across a range of different sectors.

Since retirement from the Victorian Public Service in 2018, he led the successful Independent Review of the Victorian Ports System for the Department of Transport (2020-21) and has undertaken significant board roles as the final chairperson of the Building Practitioners Board of Victoria (2019-20) and as a director of the Architects Registration Board of Victoria (2021-24).

Tim Leslie, FRAIA

Tim Leslie is a registered architect in Victoria and a Fellow of the Australian Institute of Architects. He graduated with first class honours from University of Melbourne.

He has worked in small residential practices and large-scale architectural practices for over 20 years. Tim has been involved with award winning projects across many typologies, including houses, multi residential towers, commercial towers, hospitals, universities, and embassies.

He has been the State Manager of the Victorian Chapter of Australian Institute of Architects, a chapter councillor, chair of the large practice forum, and awards juror.

Tim was a founder of Open House Melbourne and board member and president for over a decade.

He is currently the Principal Adviser for Design Review at the Office of the Victorian Government Architect.

Michael Leeton, B.Arch (hons)

Michael Leeton is a registered architect and co-founder of architectural studio, Leeton Pointon Architects. With over 25 years in practice Michael has created poetic and enduring buildings that have been recognised for design excellence through industry awards and extensive publication. Michael contributes more broadly to the profession through mentoring and serving on the Australian Institute of Architects’ awards juries. Michael has also served as an architectural practice examiner at the ARBV. He looks forward to supporting the industry in delivering high quality architecture that enriches the life and wellbeing of our community.

Prof. Sarah McGann, FRIAI

Professor Sarah McGann is Head of the School of Architecture and Built Environment within the Faculty of Science, Engineering and Built Environment at Deakin University on Wadawurrung Country. She has held multiple leadership roles across academia with key expertise in strategy and planning. As a researcher and consultant, Sarah focuses on the impact of built environment design on health and wellbeing across many building types. She continues to consult with a range of architectural practices on palliative and aged care. She is a Fellow of the Royal Institute of Architects of Ireland (FRIAI).

Lorina Nervegna, BArch

Lorina has been a registered architect in Victoria since 1993 and has expertise in architecture, urban design, heritage and built environment sustainability. She is currently a Specialist Member of the Victorian Civil and Administrative Tribunal (since 2016) sitting on the Planning and Environment List and the Review and Regulation List.

Lorina is a past Member of Planning Panels Victoria and sat on numerous planning scheme amendments and Ministerial Advisory Committees.

Lorina has held national roles in peak industry associations (National Manager Sustainability, Australian Institute of Architects and National Architect, Cement and Concrete Association) and was a Board Member of the Victorian Building Appeals Board from 2002-2007. She is also former Director Building Policy (Victorian Government DPCD) appointed as a Senior Technical Specialist and has consulted widely for the building and construction industry.

Lorina is also a former Committee Member of Working Heritage Incorporated Committee of Management, and Chair of the Audit and Risk Management subcommittee, which dealt with a select portfolio of heritage places on Crown Land across Victoria.

Lorina was Director of Lorina Nervegna Architects Pty Ltd from 1993-2003 and has been Principal of Lorina Nervegna Architects from 2011 in her own architecture practice and consultancy.

Yana Podolskaya, LLB

Yana Podolskaya is a vibrant leader and lawyer with over 20 years’ experience, predominantly practising in the regulatory and enforcement area. Currently the Head of Integrity – Legal for Greyhound Racing Victoria, Yana has held senior legal positions in several Victorian State Government agencies including the Environment Protection Authority and State Revenue Office.

Sally Wills, Adv. Dip. Building Design (Architectural)

Sally is a registered domestic builder and the sole director of Small Change Design and Construction Pty Ltd, which specialises in very small homes.

In 2008 Sally obtained her builder’s registration (Domestic Builder Unlimited) and in 2012 completed the Advanced Diploma of Building Design (Architectural).

Board Charter

The role of the Board is to provide leadership and strategic guidance in addition to overseeing and monitoring ARBV's management of implementation of policies and strategic initiatives.
The Board sets the framework for the achievement of the organisation's objectives and the execution of its functions by:
- determining policy directions
- overseeing strategic planning
- audit and compliance processes
- prudent financial management
- reviewing management performance
- fostering stakeholder relationships.

Decision-making authority

The decision-making authority of the Board in respect of powers conferred on the ARBV by the Act and Regulations are outlined in the table below.

Architects Act 1991

Legislative provision	Powers & functions (all subsections unless otherwise stated)
Part 3 - Registration & approval	Section 11 - Registration Section 13 - Approval of a partnership (subsection 1 and 3) Section 14 - Approval of a company (subsection 1 and 4) Section 15 - Annual Fees (subsection 2, 3 and 4) Section 15A – Insurance assessment administration fee (subsection 2) Section 16 – Recording of disciplinary sanctions on the Register (subsection 2) Section 16B – Request information to be recorded on the Register (subsection 1) Section 16C – Publish information (allowable under the Regulations) on ARBV’s website (subsection 2) Section 17 – Power to remove an architect from the Register
Part 3A - Information gathering powers	Section 17B - Information gathering powers
Part 4 - Disciplinary proceedings	Section 18 - Disciplinary powers of the Board Section 18A - Power to refer complaint to mediation (Subsection 1) Section 18B - Power to appoint person to assist Board Section 18E - Appointment of mediator (Subsection 1) Section 20 - Constitution of Tribunal Section 35 - Enforcement of determination (Subsection 1) Section 36 - Cancellation or suspension on withdrawal of qualification Section 36A – Suspension of registration (Subsections 1 and 2) Section 37 - Cancellation or suspension of approval (Subsections 1, 2 and 3) Section 40 - Revocation of suspension (Subsections 1, 1A and 2)
Part 6 - Architects Registration Board of Victoria	Section 46 - Powers and duties of Board Section 52 - Chairperson (Subsection 1) Section 53 - Deputy Chairperson (Subsection 1) Section 54 - Procedure of Board (Subsection 5) Section 57 - Appointment of Registrar and other officers (Subsection 1 as it relates to the Registrar and subsection 3) Section 57A - Delegation power of the Board
Part 7 - Financial provisions	Section 59 - Application of fees and penalties (Subsections 1(b) and 2)
Part 8 - Enforcement	Section 63 – Charge for offence (Subsection 1 as it relates to other officers authorised by the Board)

Architects Regulations 2015

Regulatory provision	Powers & functions (all clauses unless otherwise stated)
Part 2 - professional conduct	Regulation 7 - Guidelines (Clause 1)
	Regulation 8 - Board may advise an architect on compliance
Part 3 - Registration of architects and approval of partnerships and companies	Regulation 13 - Qualifications - standard of professional practice
	Regulation 14 - Qualifications in Architecture (Clause c)
Part 4 - The Board	Regulation 23 - Returning Officer (Clause 23 b)

The principal responsibilities of the Board are at a strategic and policy direction level whilst the actions and decisions relating to the day-to-day management of the organisation are delegated to the Chief Executive Officer and senior management to manage and control.
The Board sets the high-level framework for the achievement of the organisation's objectives and the execution of its functions by:
- approving policy directions, broad strategies and objectives (including KPI’s & targets) and overseeing planning and monitoring of performance
- approving financial plans and budgets
- appointment and monitoring performance of Registrar/Chief Executive Officer
- audit and financial compliance and statutory reporting, including:
  o obtaining assurance from the Registrar/CEO (or equivalent) that the financial statements comply with all prescribed accounting requirements and are materially correct
  o approve the annual accounts
  o approve changes to accounting policies and treatments having an impact on external reporting
  o assess whether external reporting is consistent with Board member’s information and knowledge, and
  o review all matters relating to accounting standards, policies, revenue recognition, provisioning arrangements and other “judgment” issues requiring interpretation and professional judgement.
- internal controls and risk management, including:
  o annual review of risk management framework,
  o effective monitoring of the Risk Register, and the appropriateness of controls and risk treatment plans,
  o reviewing the appropriateness of any delegations,
  o reviewing key policies, including Business Continuity, Fraud and Corruption and other Losses, and Public Interest Disclosures Act 2012
  o ensuring significant or systemic breaches of compliance are reported and remedial actions are appropriate,
- oversighting and monitoring of human resources through its Remuneration and Organisation Development Committee,
- fostering a positive and inclusive workplace culture, compliant with the VPS Code of Conduct and Values.
The Board of ARBV is accountable to the Minister for the exercise of its functions.
Under the Public Administration Act 2004 the Board is required to:
- Inform the Responsible Minister and the portfolio Secretary (Department Transport and Planning) of known major risks (significant or emerging) to the effective operation of the Board and of the risk management systems that are in place to address those risks.
- Provide the Minister, unless prohibited from doing so by or under any law, with any information relating to the Board or its operations as he or she requests.
Pursuant to the Architects Act 1991 the Board must advise the Minister on the carrying out of the Board's functions under the Act and on any other matter referred to it by the Minister.
The Minister is responsible to the Parliament in respect of the performance of the Board.
Appointment and re-election of Directors
The Governor in Council, on the recommendation of the Minister, may appoint a minimum of 3 and no more than 9 Board members for a term of up to five years, subject to the terms and conditions specified in the instrument of appointment with each Board member being eligible for reappointment by the Governor in Council on the recommendation of the Minister.
In recommending members of the Board, the Minister must ensure that
- 3 are architects; and
- each have demonstrated experience in a leadership role within the building industry; and
- each member has the skills, knowledge or experience in relation at least one of the following:
  o administration of regulatory arrangements for the building industry;
  o public engagement and communications;
  o risk management;
  o public administration or governance;
  o financial, accounting or program management;
  o strategic planning;
  o architecture; and
  o collectively, the members of the Board have the skills, knowledge or experience in relation to the matters set out above.
The Registrar/ Chief Executive Officer is not a member of the Board.

Conduct of Directors
Board Members have a duty of care and diligence in exercising their powers and discharge of duties.
Board Members in the public sector are expected to observe the statutory business judgement rule applied to private sector corporations. This rule provides that Board Members in making business judgements, must appropriately inform themselves about the relevant subject and ensure they are expressing that judgement in the best interests of the organisation they represent.
All Board Members must bring an independent judgment to bear on Board decisions. That is, directors must be free from any business or other relationship that could materially interfere with the exercise of their unfettered and independent judgment or be perceived to do so.
All Board members of Victorian public sector entities including ARBV are required to comply with their common law duties. Those main common law duties as follows are reflected in the Directors Code of Conduct issued by the Victorian Public Sector Commission:
- duty to act bona fide (in good faith) in the interests of the organisation as a whole
- duty not to act for an improper purpose
- duties of care and diligence
- duty to retain discretion
- duty to avoid conflicts of interest
- duty not to disclose confidential information
- duty not to abuse corporate opportunities.
Meetings
The Board will meet in accordance with the Board meeting Schedule (Planner) which has been approved by the Board. The Schedule will provide for the Board to convene at least 6 times a year. Four of the scheduled Board meetings will focus on matters related to Audit and Risk, in addition to considering urgent decisions (e.g., regulatory and/or accreditation decisions). The Board will convene at least once a year to review its strategic objectives and alignment with the Minister’s Statement of Expectations and any other Ministerial directions.
Board members have a duty to:
- Raise questions and issues of concern to them,
- Debate issues openly and constructively,
- Utilise their skills, experience and knowledge when discussing issues before the Board,
- Keep Board discussions and resolutions confidential, except where disclosure is obligatory,
- Prepare adequately and participate at each Board meeting,
- Attend at least 75% of scheduled Board meetings (unless a valid reason applies),
- Complete a Declaration of Private Interests and Declaration of Related Third-Party Transactions annually. Any interests that may give rise to a potential, perceived or actual conflict of interest will be recorded in the Register of Interests which will be available for reference at each Board meeting, and
- Declare any conflicts of interest relating to any matter to be discussed at each Board meeting. Any conflicts agreed by the Board and any actions taken to manage the conflicts declared will also be recorded in the minutes of the meeting and in the Register of Interests.
Board committees
Board committees are formed only when it is efficient or necessary to facilitate decision making or where required by Government policies. Board committees observe the same rules of conduct and procedure as the Board unless the Board determines otherwise. The Assistant Treasurer granted the Board an exemption from the requirement to have a dedicated Audit and Risk Committee and Internal Audit function (otherwise required pursuant to the Financial Management Act 1994) from 1 July 2023.
The use of Board committees does not diminish the responsibilities of those Board members who are not members of a sub-committee. Matters considered by a Board committee remain decisions of the Board for which the entire Board is responsible and accountable. The delegation of a Board function to a committee is a delegation of functions only and not a delegation by the Board of its responsibility for the function.
Board evaluation
The Board annually undertakes a Board performance evaluation in accordance with the Board Performance Assessment Policy. The Board and/or individual Board members may be required to undertaken additional training as determined by the findings of the annual Board Performance Assessment.
The Chief Executive Officer/Registrar is accountable to the Board and the Board, and the Chief Executive Officer/Registrar are expected to have a strong relationship based on mutual respect, trust and understanding of each other’s role.
The relationship between the Chief Executive Officer/Registrar and the Board encompasses:
- Board sets and guides the broad organisational strategic direction and priorities, monitors governance and determines clear and explicit measurements for the Chief Executive Officer/Registrar’s performance,
- Chief Executive Officer/Registrar is the primary link between the Board and staff in communicating the Board’s strategy and priorities,
- Chief Executive Officer/Registrar is responsible for the ownership and presentation of decision papers, organisational reports, submissions and budgets to the Board, and
- Chief Executive Officer/Registrar reports to and is accountable to the Board as an entity, not to individual Board members.

Updated 25 September 2024