Decision ris proposal for national licensing of the property occupations



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Cannot be a represented person under a guardianship order or a declaration of mental capacity required

 3














 3

 3




Not a disqualified person
























Fidelity fund claim


























Triennial certificate



























Mandatory skills maintenance requirements
























Other requirements:




























  • nominee (technically skilled person employed by business)





7

7

4

7

8

9



  • advertising notice of application
























  • staff ratio requirement



























  • registered address in jurisdiction.
























Licence duration

1 year

1 year

1 or 3 years

3 years

1 year

Annual registration

1 year

1 year

1, 3 or 5 years

Business agent























1. Under national licensing a separate licence will be required to perform business agency work in Vic, Qld, Tas and SA. This would also marginally increase the qualification requirements due to the separate licence category.

2. 18 specified units of competency are required.

3. In NSW, ACT and NT this is a disqualified person.

4. In WA, a licensed individual must be in charge of agency business



Currently forms part of the work of a real estate agent’s licence 1




1

1





1

1










Qualification:




  • diploma level



























  • certificate IV


























  • specified number of units.



















 2







Financial probity checks:



















































  • bankruptcy/insolvency checks























  • provisions of financial statements



























Personal probity checks:




























  • offences in relation to carrying out regulated work

























































  • director/corporation check























  • fit and proper check

























  • drug conviction.



























Evidence of experience


























Age requirement (minimum age)
























Insurance requirement (professional indemnity insurance)


























Cannot be a represented person under a guardianship order or a declaration of mental capacity required

 3
















 3

 3




Not a disqualified person




























Fidelity fund claim




























Mandatory skills maintenance requirements

























Triennial certificate



























Other requirements:




























  • nominee









4















  • advertising notice of application



























  • staff ratio requirement



























  • registered address in jurisdiction.


























Licence duration

1 year







3 years







1 year

1 year

1, 3 or 5 years

Strata managing agent



3













1






1. In the ACT, there will be a cost increase to prospective licensees who only undertake strata managing work through the change on the skill-based eligibility requirements. The Territory’s government has yet to make a decision on whether a national licence will be issued for strata managers

2 In the NT Under national licensing in the NT, a separate licence will be required to perform strata managing agent work and there will be a decrease in the skill-based eligibility requirements

3. Victoria has a registration scheme with no skills-based eligibility requirements. A national licence may not be issued and current jurisdictional arrangements will continue.

4. In NSW this is a disqualified person.



Can form part of the work of a real estate agent’s licence





















2




Qualification:




  • diploma level




























  • Certificate IV.


























Financial probity checks:




























  • payment of fines or penalties


























  • bankruptcy/insolvency checks.

























Personal probity checks:




























  • offences in relation to carrying out regulated work



























  • criminal history check


























  • director/corporation check (business entities)


























  • fit and proper check.



























Age requirement (minimum age)


























Insurance requirement (professional indemnity insurance)



























Cannot be a represented person under a guardianship order or a declaration of mental capacity required

 4
























Not a disqualified person



























Other requirements:




























  • nominee (technically skilled person employed by business)


























  • mandatory skills maintenance requirements



























  • registered address in jurisdiction.


























Licence duration

1 year

1 year



















1, 3 or 5 years

Real estate auctioneer








1













1. Licensed under separate legislation under a general auctioneer’s licence and issued through magistrate’s courts.

2. NSW – Currently an endorsement on a real estate agent’s licence or stock and station agent’s licence. Licence prerequisite qualification required, plus 2 additional units of competency.

Tas – Included in scope of work of a real estate agent and also issue a separate registration for a general auctioneer (goods and chattels).

3. SA – Licence prerequisite as a licensed land agent or a registered sales representative, plus 1 or 2 additional units of competency depending on which training package the qualification was obtained under.

4. Qld – currently requires the licensee to pay for a criminal history report.

5. In NSW and NT this is a disqualified person.



6. In Qld a licensed individual must be in charge of an auctioneer’s or real estate agent’s business


Currently forms part of the work of a real estate agent’s licence

























Real estate agent’s licence prerequisite












3













Auctioning of livestock included in the scope of regulated work 7






















Qualification:




  • 2 units of competency

2










3













  • 3 units of competency



























  • 5 units of competency



























Financial probity checks:




























  • payment of fines or penalties























  • bankruptcy/insolvency checks.























Personal probity checks:




























  • criminal history check






4







































  • drug offences


























  • character testimonials.



























Evidence of experience

























Age requirement (minimum age)
























Insurance requirement (professional indemnity insurance)



























Character check of a licensee’s business associates



























Cannot be a represented person under a guardianship order or a declaration of mental capacity required

 5



















 5




Not a disqualified person























Fidelity fund claim



























Mandatory skills maintenance requirements


























Other requirements:





































6



















  • advertising notice of application



























  • registered address in jurisdiction.


























Licence duration

1 year




3 years

1 year

1 year




1 year

1 year

1, 3 or 5 years

Agent’s representative (combined real estate and business agency work )
























The combination of the work areas into a single licence would reduce both regulatory burden and costs to licensees. A proposed core unit of covers work in both sectors.

Vic and SA – broader proposed scope of work to include property management.

Vic – Employees are currently registered with the employer and no fee is paid to the regulator.

1. NT – Certificate IV for a business agent’s representative and 24 units for a real estate agent’s representative.

2. Qld and SA – Currently require licensees to pay for a criminal history report.

3. In NSW, ACT and NT this is a disqualified person.

*4. Registration of an agent’s representative is only required when commencing and ceasing employment. The employer advises the regulator of the employment status.

5. Qld 7 units from the current training package or 4 units from a superseded training package.

6.In Qld this is a disqualifiable offence

7. includes offences against the person.




Separate licence categories for agent’s/sales representative and business agent’s representative
























Qualification:




  • Certificate IV





















1




  • skill set – 7 units of competency







5


















  • skill set – 5 units of competency



























  • skill set –4 units of competency






5


















  • 3 specified units of competency.



























Financial probity checks:




























  • payment of fines or penalties
























  • bankruptcy/insolvency checks















 3






  • provisions of annual returns.



























Personal probity checks:




























  • criminal history check





 2



2










7

  • fit and proper check






















  • drug trafficking conviction.







6

















Evidence of experience


























Age requirement (minimum age)






















Insurance requirement (professional indemnity insurance)


























Cannot be a represented person under a guardianship order or a declaration of mental capacity required

 3















 3

3




Not a disqualified person























Fidelity fund claim


























Triennial certificate



























Mandatory skills maintenance requirements


























Other requirements:































  • registered address in jurisdiction.


























Licence duration

1 year

*4

1 or 3 years

3 years

1 year




1 year

1 year

1, 3 or 5years




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