National Licensing for Property Occupations Consultation Regulation Impact Statement
Attachment E – Overview of existing licensing requirements and licence categories
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- Overview of current licensing and eligibility requirements
- Property management
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Attachment E – Overview of existing licensing requirements and licence categoriesProperty 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 E.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. Several jurisdictions make a distinction between those who are licensed to supervise property dealings and those who must be supervised. 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 and 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. Other jurisdictions follow a segmented approach, with one or more licence categories in addition to a real estate agent’s licence. For example; New South Wales has a separate, stock and station licence category for rural land and residential sales. Queensland also has a separate licence category relating to rural property, a pastoral house licence. However, unlike New South Wales, in Queensland real estate agents are also able to sell, lease, or manage rural property. The regulated work for Queensland pastoral house licence includes the sale of rural land and livestock. The qualification requirement for real estate agents varies across the jurisdictions as follows: Western Australia, South Australia, Tasmania and the Northern Territory require a diploma level. New South Wales, Victoria and Queensland require a Certificate IV. The Australian Capital Territory requires completion of 18 units of competency taken from both qualification levels. 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 and the Northern Territory this work can be 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 two jurisdictions that license as a separate category: a Certificate IV is required in New South Wales in Victoria a qualification is not required. Property managementNew 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’s (sales) representative An agent’s representative or sales representative is an employee of a licensed estate agent or a licensed 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 Australia58. 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 works 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 also falls on the employer rather than the employee and no licence fee is paid to the regulatory authority. All jurisdictions require the employees to have some level of training. However, the requirements differ significantly, as follows:
Auctioneer Real property Currently all jurisdictions license auctioneers of real property (residential and non-residential) albeit in different ways. Auctioneers in New South Wales, Victoria, Tasmania and the Australian Capital Territory are also real estate agents. In South Australia an auctioneer is either a real estate agent or a sales representative. A separate licence is issued in Queensland, Western Australia and the Northern Territory without a prerequisite of being a real estate agent.
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