April 2023 Newsletter

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April 2023 Newsletter

6 April 2023

Newsletter snapshot:

  • Site-wide Easter long weekend discount code!

  • Industry updates: WA Government reports $4 million in bond money waiting to be claimed by tenants and landlords.

  • Disciplinary action: Former Victorian agent faces over 900 charges relating to trust fund misuse.

  • Legislative changes: ACT tenancy reforms commenced 1 April 2023, Reforms to South Australian renting law officially underway.

  • Employment opportunity: Ingleburn NSW, Full-time Property Manager with Linkers Real Estate

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WA Consumer Protection reports over $4 million in bond money waiting to be claimed

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WA Consumer Protection reports over $4 million in bond money waiting to be claimed

30 March 2023

Western Australia Consumer Protection is appealing to WA tenants and landlords to claim outstanding bond money, stating that over $4 million is being held, waiting to be returned to rightful owners.

Consumer Protection understands the bonds were not paid out for a variety of reasons:

  • No forwarding contact or payment details were provided;

  • No agreement was reached on how to release the bond;

  • An application requesting a release of the bond was incomplete; or

  • The release of the bond was not requested at the end of the tenancy.

WA organisations and government agencies that are holding funds on behalf of others are legally obligated to transfer them to Treasury if still unclaimed after six years.

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March 2023 Newsletter

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March 2023 Newsletter

8 March 2023

Newsletter snapshot:

  • Site-wide discount code!

  • Industry updates: WA agents may have their say on changes to real estate CPD, NSW Fair Trading inspectors to crack down on breaches in new rental bidding requirements.

  • Disciplinary action: Former WA real estate agent fined for personal use of trust account funds, Victorian estate agent has licence cancelled for various breaches.

  • Legislative changes: ACT Government announces plans to change property developer legislation.

  • Important dates: NSW CPD due 22 March, WA trust account audit reports due 31 March, NSW assistant agents - are you on track to complete your licence training?

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WA agents, have your say on changes to real estate CPD

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WA agents, have your say on changes to real estate CPD

15 February 2023

The Western Australia Department of Mines, Industry Regulation and Safety (DMIRS) has announced it will be undertaking a review of the current real estate Continuing Professional Development (CPD) program.

A consultation paper based on an internal review by Consumer Protection has been published for public consideration.

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Former WA real estate agent fined for personal use of trust account funds

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Former WA real estate agent fined for personal use of trust account funds

20 February 2023

Western Australia Consumer Protection has published a recent court outcome on its website, outlining the misuse of trust account funds by a former East Perth agent. The former agent’s misconduct involved a deposit from a real estate sale being transferred to the general agency account, before being sent to two personal bank accounts: a personal credit card account and a home loan offset account.

Disciplinary action in the form of almost $4,000 in fines was administered by the Perth Magistrates Court for the unlawful withdrawal of funds from the agency’s trust account.

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February 2023 Newsletter

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February 2023 Newsletter

3 February 2023

Newsletter snapshot:

  • Site-wide discount code!

  • Industry updates: NT Government announces new rent framework to strengthen remote housing sector.

  • Disciplinary action: Western Australia Consumer Protection issues fines to agent over unauthorised trust account withdrawals, Former Victorian estate agent investigated for falsified records and misuse of trust account funds.

  • Important dates: NSW CPD due 22 March, WA trust account audit reports due 31 March.

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Western Australia Consumer Protection issues fines to agent over unauthorised trust account withdrawals

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Western Australia Consumer Protection issues fines to agent over unauthorised trust account withdrawals

16 January 2023

As an agent, being granted the authority to hold a client’s money in trust is not a privilege most take lightly. The Joondalup Magistrates Court of Western Australia has issued a former real estate agent and their company $6,500 in fines for breaching trust account obligations under the Real Estate and Business Agents Act 1978, reiterating the importance of the standards agents are expected to meet concerning the management of clients’ funds.

While the offending former agent’s actions did not result in any financial losses for the clients, the court clarified that the careless actions still carried a significant risk to the clients at the time.

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December 2022 Newsletter

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December 2022 Newsletter

2 December 2022

Newsletter snapshot:

There’s been a lot of discussion around legislative changes for the SA, NSW and WA residential and commercial property sectors over the past month. We also saw several agents in WA, Tasmania and Victoria receive court charges, fines and licence suspensions over industry misconduct.

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Western Australia Consumer Protection issues $16,000 in fines over unregistered sales representative

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Western Australia Consumer Protection issues $16,000 in fines over unregistered sales representative

24 November 2022

Western Australia Consumer Protection has published a tribunal outcome on its website this week, detailing disciplinary action taken against a Perth agency for breaches under the Real Estate and Business Agents Act 1978. The breaches involved improper supervision of the agency and an unregistered individual working as a sales representative, who was found to also be accepting commission payments.

The disciplinary action was administered in the form of $16,000 worth of fines to the persons involved.

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Review of Western Australia's domestic violence tenancy law reforms

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Review of Western Australia's domestic violence tenancy law reforms

23 November 2022

Western Australia Consumer Protection has advised they will be conducting community consultation on changes to residential tenancy laws that came into effect in April 2019. The aim of the consultation campaign is to seek feedback as to the effectiveness of the family and domestic violence provisions that currently exist, while assessing the impact they have had on affected tenants and landlords.

The consultation will take place from 25 November to 10 December 2022.

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WA Consumer Protection: Concerning CPD completion numbers

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WA Consumer Protection: Concerning CPD completion numbers

15 November 2022

Western Australia’s Consumer Protection division has reported in a bulletin this week that there is a concerning number of real estate licensees and registration holders yet to meet their 2022 CPD obligations.

WA licence and certificate holders must complete 10 points of CPD training each calendar year to be eligible for renewal. Completion must be achieved by 31 December.

We offer WA Elective CPD (7 points). Mandatory CPD must also be completed to achieve the remaining points (3 points). See enrolment options within.

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Attention WA students: CPD due 31 December!

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Attention WA students: CPD due 31 December!

2 November 2022

WA licence and certificate holders must complete 10 points of Compulsory Professional Development (CPD) training each calendar year to be eligible for renewal, even if you hold a triennial licence.

We offer WA Elective CPD (up to 7 points). Mandatory CPD (3 points)must also be completed.

Upon successful completion of your CPD, we will register your course completion with the WA Government’s Consumer Protection sector and issue you with a Certificate of Participation as evidence of course completion.

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