National Licensing for Property Occupations Consultation Regulation Impact Statement

Review

The Ministerial Council 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 by the Office of Best Practice Regulation, not earlier than five years from the commencement of the national licensing system and every 10 years thereafter. The Ministerial Council will set the terms of reference for the review.

Question: Are there any other issues that should be considered in developing a national licensing system?

Attachment A – Submission process

The COAG National Licensing Steering Committee is seeking input from stakeholders and the wider public on the proposals outlined in this Consultation RIS. The Consultation RIS is subject to a minimum six-week consultation period, and the steering committee welcomes feedback on the proposed options for implementation and any other aspect of the document.

The closing date for submissions to this Consultation RIS is 21 September 2012. The closing date may be extended; please check the national licensing website (www.nola.gov.au)for information.

How to provide a submission

Online survey feedback

An online submission survey is available through the following link https://www.surveymonkey.com/s/National_Licensing_Property_RIS_Feedback and this is the preferred option for providing submissions. The survey takes the user through a series of questions that have been drawn from the Consultation RIS. Each question includes a page reference to help direct the user to the relevant discussion in the RIS. The feedback received through this process will assist in shaping a national occupational licensing schema for the electrical occupations. Your time in providing a response is appreciated.

If you are unable to use the on-line submission survey, a paper based submission will be accepted using the template provided on the national licensing website.  Paper submissions can be lodged as follows:

By email: to the COAG Skills Taskforce ([e-mail]).
By mail:

COAG National Licensing Taskforce

Department of Industry, Innovation, Science, Research and Tertiary Education

GPO Box 9839

Level 4, 16 Mort St

Canberra City ACT 2600

Stakeholders should indicate if their submission is confidential and/or clearly indicate sections that may contain confidential or sensitive information that is not for publication. With this exception, all submissions will be published on the website.

Attachment B – Key changes to existing arrangements

The Table B.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 B.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 licence										A stock and station agent will operate under a real estate agent’s licence. The livestock component will not be included in national licensing.
Stock and station agent salesperson registration										A stock and station salesperson will operate under an agent’s representative’s registration. The livestock component will not be included in national licensing.
Buyer’s agent licence										This work will form part of a real estate agent’s work.
Property managing licence										This work will form part of a real estate agent’s and agent’s representative’s work.
Pastoral house licences										A pastoral house agent will operate under a real estate agent’s licence and an auctioneer’s licence. The livestock component will not be included under national licensing.
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)										This may be covered by an exemption.
Trainee auctioneer registration certificate										Auctions can only be performed by a licensed auctioneer.
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.
Non-residential property agency work (property that is primarily used for industrial, commercial or primary production)										A licence will not be required to perform this work.
Purchase, sale and auctioning of livestock			1	 1		 1		 1		A licence will not be required to perform this work. 1 – Qld, WA, Tas and NT have indicated that a licence will continue to be required for the auctioning of livestock in these jurisdictions. The RIS proposes that an additional licence should not be required by a person holding a national auctioneer’s licence in these jurisdictions.
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 business 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 agency must be managed by a registered land agent. 5. 18 specified units of competency are required in the ACT 6. In Queensland a licensed individual must be in charge of an auctioneer’s or real estate agent’s business
Qualification
Diploma level								
Certificate IV									
Specified number of units							5
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			 1		1				
director/corporation check									
fit and proper check					2			
drug conviction								
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	 3						 3	 3
Not a disqualified person								
Fidelity fund claim			
Triennial certificate				
Other requirements
nominee (technically skilled person employed by business)			6		4				
mandatory skills maintenance requirements							
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 or 3 years