Real Estate Agents Disciplinary Tribunal

In September 2008 Parliament passed the Real Estate Agents Act (2008), replacing the Real Estate Agents Act (1976). The Real Estate Agents Disciplinary Tribunal was established under this new regulatory system.
Purposes of the Act

The three main purposes of the Act are to:

• protect consumers involved in real estate transactions and ensure that independent, quality, effective decisions are made in dealing with alleged breaches of conduct
• promote the interests of consumers in respect of transactions that relate to real estate 
• promote public confidence in the real estate industry.

Functions of the Tribunal

The Tribunal hears and determines disciplinary charges against licensees. These charges are referred to it by a Complaints Assessment Committee (the ‘Committee’) of the Real Estate Agents Authority (the ‘Authority’).
The Tribunal can also hear and determine an application for interim suspension made by a Committee, pending the hearing of a charge.

The Tribunal also deals with appeals against decisions of a Complaints Assessment Committee and reviews decisions of the Registrar of the Authority. 

Powers of the Tribunal

The following are some examples of the types of orders the Tribunal may give following the hearing of a charge (laid by the Committee), if it determines that the licensee is guilty of misconduct:

• Cancel a licence
• Suspend a licence (for up to 24 months)
• Restrict supervisory functions
• Terminate employment
• Impose penalties up to $15,000 for an individual and up to $30,000 if the licensee is a company
• Award compensation up to $100,000 to the complainant.

If the Tribunal finds that a licensee is guilty of unsatisfactory conduct or misconduct (following a review, appeal or hearing of charge) it can impose one or more of the following rulings:

An agreed terms of settlement to have effect as part of a final determination

• Censure or reprimand the licensee
• Order that agreed terms of settlement have effect as all or part of a final determination

• Apology by licensee to complainant

• Licensee to undergo training and education

• Reduce, cancel or refund fees

• Licensee to rectify error or omission at licensee’s own expense or provide relief from the consequences of the error or omission

• Impose fines on licensee up to $20,000 (but limited to $10,000 where license an individual)

• Inspection of real estate practice

• Pay complainant costs or expenses incurred in respect of the inquiry, investigation or hearing by the Committee.

Annual reports

The Tribunal is required to provide an Annual Report to the Minister of Justice on the performance of the Chairperson’s functions under the Act.