Decision ris proposal for national licensing of the property occupations

1.Communication strategy for national licensing

Consultation about national licensing has been ongoing with a range of stakeholders including state and territory governments, industry, employer and employee representatives and internal working groups.

As with any change to regulations, a communication awareness campaign will need to be undertaken to ensure licensees, consumers and other stakeholder are informed of changes that may affect them once the new system is implemented.

There should be two levels of an awareness campaign for national licensing; one at a jurisdictional level and one at a national level.

A jurisdictional campaign could include the following activities:

• direct communications (letters/emails)

• metropolitan and regional meetings with licensees

• website content and social media

• temporary call centre staffing

• public information campaign

• industry and public campaign management.

An estimated cost drawing of a state based campaign of a similar scale to that suggested above is approximately $300,000 to $350,000, and is based on approximately 22,000 licensees. The impact analysis contained in this Decision RIS includes a qualitative estimate of the communication costs for governments during the transition period.

At a national level, NOLA would assist with the communication process by ensuring consistency of messaging through the NOLA website, media releases and other media and social avenues. NOLA’s Board and the chief executive officer could be expected to consult with:

• ministers and governments

• business and industries

• other peak bodies, which would include employee and employer associations.

2.Review

The SCFFR will initiate an independent public review of the operation of the national licensing system, including the legislation establishing the system, in accordance with the guidelines established in the 2009 Intergovernmental Agreement for a National Licensing System for Specified Occupations. It is envisaged that the effectiveness of the national licensing reforms will be measured in a number of ways. These include assessment of the impact of national licensing on:

• 
  labour mobility for nationally licensed occupations
  
• 
  administrative burdens on national licence holders
  
• 
  the consistency in regulatory requirements between jurisdictions for NOLS occupations
  
• 
  deregulatory benefits for businesses and consumers.
  

The review will take place no earlier than five years from the commencement of the national licensing system and every ten years thereafter.

Attachment A – Key changes to existing arrangements

The Table A.1 compares the current state and territory licensing eligibility arrangements and the proposed national licensing eligibility arrangements. A tick indicates a licensed activity, a blank cell means not required or licensed and a shaded cell denotes a licence category.

Table A.1: Key changes to existing arrangements

Licence category and eligibility requirements License categories and their requirements	Current situation Existing licensing requirements applying in each of the jurisdictions ( indicates a licensed activity; blank cell means not required or licensed; shaded area denotes a licence category)								National licensing	Summary of impact Impact of moving from current situation to national licensing
	NSW	Vic	Qld	WA	SA	Tas	ACT	NT
Stock and station agent salesperson registration											A stock and station salesperson will operate under an agent’s representative’s registration.
Buyer’s agent licence										This work will form part of a real estate agent’s and agent’s representative’s work.
Property managing licence										This work will form part of a real estate agent’s and agent’s representative’s work.
Property developer’s licence										A licence will not be required to perform this work.
Resident letting agent										This work will form part of a real estate agent’s and agent’s representative’s work. However, a licence will not be required for letting periods less than 90 days.
Corporate resident letting agent										A licence will not be required to perform this work.
Real estate agent (affordable housing)										A real estate agent’s licence will be required if a reward or payment is received for the sale.
Trainee auctioneer registration certificate										A trainee licence will no longer be required in order to gain experience before being eligible for an auctioneer’s licence.
Certificate of registration as a registered strata manager										A licence will not be required for the employee of a strata managing agent.
Certificate of registration as a registered on-site residential property manager										A licence will not be required to perform this work.
Body corporate manager’s restricted licence										A licence may not be required to perform this work.
Stock and station agent licence										A stock and station agent will operate under a real estate agent’s licence.
Pastoral house licences										A pastoral house agent will operate under a real estate agent’s licence and an auctioneer’s licence.
Livestock auctioneer										A licence will not be required to perform this work.
Stock and station agent’s licence prerequisite	
Livestock included in the scope of a real estate auctioneer								
Purchase, sale and auctioning of livestock										A licence will not be required to perform this work.
Real estate agent										Rural property will be included in the scope of work of a real estate agent. This will expand the work area for NSW, along with removing the need for a separate licence. Vic – reduced administrative requirements for employers in regard to the registration of employees. 1. Qld and SA – currently require the licensee to pay for a criminal history report. 2. Fitness and propriety checks for individuals and directors of body corporate. 3. In NSW, ACT and NT this is a disqualified person. 4. A body corporate must have a manager in place for each place of business and must be properly managed and supervised by a registered Land Agent or registered Sales Representative (with the approval of the Commissioner for Consumer Affairs to manage that office/business). 5. 18 specified units of competency are required. 6. 19 specified units of competency are required 7. In Qld, WA & Tas, a licensed individual must be in charge of an agency business. 8. In the ACT a corporation must have at least one director who also holds an individual licence in their own right. 9. In the NT a person is identified as a business manager and must be a licensed agent. 8. Includes character check of a licensee’s business associates. 10. In Qld this is a disqualifiable offence 11. NSW requirement from 1 January 2013, with transitional arrangements to be in place until 1 July 2013
Qualification:
diploma level								
certificate IV									
specified number of units.			6				5
Financial probity checks:
payment of fines or penalties									
bankruptcy/insolvency checks									
provisions of financial statements				
provisions of annual returns.					
Personal probity checks:
offences in relation to carrying out regulated work									
criminal history check			 1		1				
director/corporation check									
fit and proper check					2			
drug trafficking conviction.			10						
Evidence of experience							
Age requirement (minimum age)								
Insurance requirement (professional indemnity insurance)	9							