National Licensing for Property Occupations Consultation Regulation Impact Statement

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Business agent

									1. Vic, Qld, Tas and SA – Under national licensing a separate licence will be required to perform business agency work. This would also marginally increase the qualification requirements due to the separate licence category. 2. Must have completed two business units of competency. 3. 18 specified units of competency are required in the ACT 4. In NSW, ACT and NT this is a disqualified person.
Currently forms part of the work of a real estate agent’s licence 1		1	1		 1& 2	1
Qualification
Diploma				
Certificate IV										
Specified number of units							 3
Financial probity checks
payment of fines or penalties										
bankruptcy/insolvency checks										
provisions of financial statements				
provisions of annual returns
Personal probity checks
criminal history check										
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	 4						 4	 4
Not a disqualified person								
Fidelity fund claim
Triennial certificate				
Other requirements
nominee (technically skilled person employed by business)									
mandatory skills maintenance requirements							
advertising notice of application				
staff ratio requirement				
registered address in jurisdiction									
Licence duration	1 year			3 years			1 year	1 year	1 or 3 years
Strata managing agent		 2								1. ACT and NT – Under national licensing a separate licence will be required to perform strata managing agent work. This would increase the cost to prospective licensees with the skill-based eligibility requirements being changed. 2. Vic – a registration scheme with no skills-based eligibility requirements. This would increase the cost to prospective licensees with the skill-based eligibility requirements being changed. 3. In NSW this is a disqualified person.
Currently forms part of the work of a real estate agent’s licence 1								
Qualification
Diploma
Certificate IV									
Financial probity checks
payment of fines or penalties									
bankruptcy/insolvency checks									
provisions of financial statements
provisions of annual returns
Personal probity checks
criminal history check									
director/corporation check (business entities)									
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	
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 or 3 years
Auctioneer				1						1. Licensed under separate legislation under a general auctioneer’s licence and issued through magistrate’s courts. WA will be required to issue as a separate category. 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 2 additional units of competency for land agents (no additional units required for newly qualified land agents). Sales representatives only require 1 additional unit due to packaging of qualification. 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 Queensland 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					
Currently includes auctioning of livestock in the scope of regulated work								
Qualification
Skill set – 2 units of competency	2				3
Skill set – 3 units of competency									
5 Specified number of units			
Financial probity checks
payment of fines or penalties								
bankruptcy/insolvency checks								
Personal probity checks
criminal history check			4						
fit and proper check					
drug conviction								
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			
Other requirements
nominee (technically skilled person employed by business) for corporations			6
mandatory skills maintenance requirements				
advertising notice of application				
registered address in jurisdiction			
Licence duration	1 year		3 years	1 year	1 year		1 year	1 year	1 or 3 years
Agent’s representative (combined real estate & 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 at the commencement and ceasing of employment. The employer advises the regulator of the employment status.
Separate licence categories for real estate agent’s representative and business agent’s representative								
Qualification
Certificate IV								1
Skill set – 7 units of competency				
Skill set – 5 units of competency									
Skill set –4 units of competency	
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				
fit and proper check							
drug conviction								
Evidence of experience								
Age requirement (minimum age)								
English language test					
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	 3						 3	3
Not a disqualified person								
Fidelity fund claim			
Triennial certificate				
Other requirements
mandatory skills maintenance requirements							
registered address in jurisdiction		
Licence duration	1 year	*4	1 or 3 years	3 years	1 year		1 year	1 year	1 or 3 years

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