Real estate agents win fairer treatment under new law

A disproportionately harsh penalty that can stop real estate agents from working for five years for failing to complete continuing professional development (CPD), or failing to pay fees on time, will be removed under legislation passed by Parliament today, says Associate Justice Minister Nicole McKee.

The Regulatory Systems (Occupational Regulation) Amendment Bill and Regulatory Systems (Tribunals) Amendment Bill have both passed their final reading in Parliament, making amendments across eight different Acts.

“For example, the Regulatory Systems (Occupational Regulation) Amendment Bill removes the five-year disqualification period on real estate agents for failing to complete CPD requirements,” says McKee.

“It is out of step, out of proportion, and can stop people from earning a living in their chosen profession. No other regulated profession has such a harsh penalty for failing to complete CPD.

“This issue was highlighted through the case of Janet Dickson, who faced the prospect of being unable to work as a real estate agent for five years after choosing not to complete a compulsory CPD topic that she did not consider relevant to her work.

“Separately to this Bill, I have been clear with the Real Estate Authority that CPD requirements should be relevant to the job of real estate agents.

“The Bill also enhances the ability of conveyancers to undertake conveyancing work, improving competition in the market and giving consumers more choice. That change has been strongly supported by the conveyancing community.

The Regulatory Systems (Tribunals) Amendment Bill has also passed its final reading today.

“That Bill makes many changes, including to make the justice system fairer by giving the Disputes Tribunal the ability to order respondents to pay filing fees to successful claimants. People who have been wronged should not be left carrying unnecessary costs simply because they had to pursue justice,” says Mrs McKee.

“These Bills are part of the Government’s wider commitment to fit-for-purpose regulation and timely access to justice.”

Notes to editors:

A third Bill in the Regulatory Systems (Justice) Amendment Bill package, the Regulatory Systems (Courts) Amendment Bill, has been referred back to the Justice Committee for consideration of an Amendment Paper.
That Amendment Paper makes six additional policy changes that will further improve the effectiveness and efficiency of the courts system.