Decision ris proposal for national licensing of the property occupations
Attachment D – Overview of existing licensing arrangements
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- Overview of current licensing and eligibility requirements
Attachment D – Overview of existing licensing arrangementsProperty occupations such as real estate, stock and station, and business agents are licensed in some way in all Australian states and territories. The majority of the regulators are government departments. In Victoria and the Northern Territory, occupational licensing is undertaken by a separate authority or board. Table D.1: Jurisdictional regulators of the property occupations
Source: Provided by the regulatory authorities. Overview of current licensing and eligibility requirementsProperty agents are licensed to perform a variety of functions including buying, selling, renting and auctioning of real property. Some jurisdictions also define separate licences based on the nature of the property assets being transferred. For example, New South Wales has distinct licences for real estate agents, stock and station agents, strata managing agents and business agents, whereas in Victoria an estate agent’s licence covers a broad scope of work that includes business agency work and auctioning of real property. All jurisdictions make a distinction between those who are licensed to supervise property dealings and those who must be supervised. Attachment A contains a concise overview of current licensing arrangements. Most regulators have access to the interest earned on money held in trust by property agents. These funds can be accessed to fund some regulatory activities and in most jurisdictions support a fidelity fund that may be accessed if there is a failure to account for moneys held in trust by an agent. Current licensing of property work may be characterised as covering six main areas, which are outlined below. Real estate agent Real estate agents are currently licensed in all jurisdictions. There is general consistency in the core functions described in the scope of work for the various property agent licence categories across jurisdictions. For example, all jurisdictions provide for the core functions of a real estate agent as acting (including negotiating) on behalf of another for reward in transactions relating to the sale, purchase, exchange, or leasing of real property (both residential and non-residential). Victoria and South Australia take a broad licensing approach and issue a single licence to cover sale, auctioning of real property, leasing and management of residential, non-residential and rural property and businesses. Queensland and Tasmania include business agency work in the scope of a real estate agent. New South Wales has a separate stock and station licence category for rural land, residential sales and the sale of livestock. Queensland also has a separate licence category relating to rural property called a pastoral house licence. The regulated work for Queensland pastoral house licence includes the sale of rural land and livestock, and auctioning of rural land, livestock, and, wool. It also authorises 4 annual non-rural land auctions, and the auctioning of plant, machinery, furniture and other items location on rural land. However, unlike New South Wales, in Queensland real estate agents are also able to sell, lease, or manage rural property and sell livestock. The qualification requirement for real estate agents varies across the jurisdictions as follows:
Business agent Business agency work is licensed in two different ways across the jurisdictions, either as a separate category (New South Wales, Western Australia, the Australian Capital Territory and the Northern Territory) or captured under a real estate agent’s licence (Victoria, Queensland, South Australia and Tasmania). Where business licences are issued separately, the qualification requirement can be either a Certificate IV (New South Wales and the Australian Capital Territory) or a diploma (Western Australia and Tasmania). In the jurisdictions where business agency work is encompassed in that of a real estate agent, a real estate agent’s qualification is required, except for South Australia where the completion of a specialised business agent unit of competency (CPPDSM4079A – Work in the business broking sector) is required. Strata managing agent Strata managers are currently licensed in different ways in the following four jurisdictions: New South Wales issues a separate licence, Victoria operates a registration system and in the Australian Capital Territory this work can be undertaken by a real estate agent or with a restricted licence. In the Northern Territory this work is undertaken by a real estate agent. Queensland, Western Australia, South Australia and Tasmania do not currently license strata managers and will not be required to do so under national licensing. The qualification requirement is very different in the jurisdictions that license or register strata managing work:
Property management New South Wales and Tasmania issue a licence or registration respectively for property managers. In the other jurisdictions this work is included in the regulated work of a real estate agent or an agent’s representative. The qualification requirement in the jurisdictions that issue a separate licence is as follows:
Agent or sales representative An agent’s representative or sales representative is an employee of a licensed estate agent or a business agent (where licensed separately) who can perform most of the regulated work of the employer but must do so under supervision. The current scope of work for an agent’s (sales) representative in Western Australia and South Australia is broader than in other jurisdictions. For example, the drafting of contracts is within scope of the licence in South Australia.98 Conversely, South Australia includes non-residential property management within the scope of work of an agent’s (sales) representative, however residential property management is not included. Those performing residential property management work must be employed by a licensed land agent. A land agent is authorised to perform both residential and commercial property management. Most jurisdictions currently have a registration scheme for the employee level, which requires an applicant to meet a range of eligibility criteria usually including personal probity (verified by a police check) and qualification requirements, except Tasmania where a negative licensing system operates, i.e. if an agent’s representative is found guilty of a disciplinary offence they are listed on a register. In Victoria, the onus for registration falls on the employer rather than the employee and no licence fee is paid to the regulatory authority. All jurisdictions require employees to have some level of training. However, the requirements differ significantly, as follows: New South Wales– four specified units of competency Victoria – three specified units of competency Queensland – seven units of competency Western Australia – seven specified units of competency South Australia – 17 specified units of competency Northern Territory – Certificate IV for business agent’s representatives, and 24 specified units of competency for a real estate agent’s representative Australian Capital Territory – five specified units of competency. Auctioning of real property Currently all jurisdictions license auctioneers of real property, albeit in different ways.
The auctioneer in the above jurisdictions has full responsibility for an auction through the real estate agent’s or land agent’s scope of regulated work.
Auctioning of livestock The auctioning of livestock currently falls within the scope of regulated work of an auctioneer in all jurisdictions except Victoria, South Australia and the Australian Capital Territory where this work is unlicensed. The way in which the licensing arrangements are structured varies across jurisdictions:
Current licence categories Currently the licensing of property occupations work may be characterised as fitting into nine main areas:
Table D.2 illustrates which of these areas are covered by the various jurisdictional regulatory arrangements, and this is denoted by the shaded cells. The nomenclature of the licences issued differs across jurisdictions and may not necessarily be the same as the licence listed in the first column. For example, real estate agents are called ‘land agents’ in South Australia and ‘estate agents’ in Victoria. Agent’s representatives are called ‘sales representatives’ in South Australia and Western Australia. Table D.2: Property occupations licensing arrangements by jurisdiction (shaded area denotes licensing)
a No separate auctioneer licence category, but an endorsement is placed on a real estate agent’s or stock and station agent’s licence for competent persons. b Not a separate licence category but forms part of the scope of work of a real estate agent or stock and station agent. c Included in the scope of work of a real estate agent and can issue a separate registration for a general auctioneer. d Auctioneer’s licence captures the auction of both real and personal property, including livestock and separate licences categories are not issued. (Auctioneers in WA are licensed in the Magistrates Court.) e An auctioneer must also be licensed as an agent or sales representative in order to obtain an auctioneer’s licence. f A registration scheme with no qualification requirement. g Assessment of eligibility and recording of details of the public register is delegated to the employing agent. h Not a separate licence category but forms part of the scope of work of an agent’s representative. i Victoria – Restricted to collecting rent. j Sales representatives are required to be licensed (as a sales representative) only if they are performing commercial property management work (and must work for a licensed land agent). Those performing residential property management work do not currently require a sales representative licence, but they must still work for a licensed land agent. A single registration is issued for sales representatives to act as either a real estate sales representative or a business sales representative or both a real estate sales representative and a business sales representative. k Tasmania operates a negative licensing scheme. l Pastoral house licence also authorises the auctioning of livestock Yüklə 2,69 Mb. Dostları ilə paylaş:
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