A Complaints Assessment Committee decides to take no further action on a complaint about Sarah, a salesperson. What can the complainant do next?
Correct Answer
C) Appeal to the Real Estate Agents Disciplinary Tribunal
Under s 111 of the Real Estate Agents Act 2008, a person affected by a determination of a Complaints Assessment Committee, including a decision to take no further action, may appeal to the Real Estate Agents Disciplinary Tribunal within 20 working days after notice of the decision. The Tribunal may accept a late appeal up to 60 working days in exceptional circumstances.
Why This Is the Correct Answer
Section 111 lets a person affected by a Committee's determination appeal to the Disciplinary Tribunal within 20 working days of notice of the decision (late appeals up to 60 working days in exceptional circumstances).
Why the Other Options Are Wrong
Option A: Nothing, because the Committee's decision closes the matter for good
Section 111 gives any person affected by a Committee's determination a right of appeal, so the decision is not final.
Option B: Appeal the Committee's decision straight to the High Court
Appeals go to the Tribunal first; the High Court hears appeals from the Tribunal under s 116.
Option D: Ask the Registrar to suspend Sarah's licence while the decision is reviewed
The Registrar has no power to suspend a licence while a complaint decision is appealed.
Deep Analysis of This Professional Conduct Question
Complaints are decided by Complaints Assessment Committees, not by the Authority as a prosecutor. When a Committee decides to take no further action, it must give written notice with reasons and describe the right of appeal (s 81). The complainant can then appeal to the Real Estate Agents Disciplinary Tribunal under s 111. The Tribunal's decisions can in turn be appealed to the High Court (s 116).
Background Knowledge for Professional Conduct
Real Estate Agents Act 2008: s 79 and s 80 (Committee decides whether to inquire or take no further action), s 81 (notice of decision and right of appeal), s 111 (appeal to the Tribunal within 20 working days, or up to 60 in exceptional circumstances), s 116 (appeal from the Tribunal to the High Court).
Memory Technique
Appeals climb one step at a time: a Committee's decision goes to the Tribunal, and the Tribunal's decision goes to the High Court.
If a Committee has decided, the next stop is the Tribunal within 20 working days. Skip straight to the High Court and the answer is wrong.
Exam Tip for Professional Conduct
Remember s 111 and 20 working days. A Committee's decision is appealed to the Real Estate Agents Disciplinary Tribunal, not the High Court.
Real World Application in Professional Conduct
A buyer complains that a salesperson misrepresented a property's boundaries. The Committee decides the matter is inconsequential and takes no further action. Within 20 working days the buyer files an appeal with the Tribunal, attaching the Committee's notice and paying the prescribed fee.
Common Mistakes to Avoid on Professional Conduct Questions
- •Thinking a Committee's decision is final
- •Going straight to the High Court
- •Describing the complainant as laying charges directly before the Tribunal
Related Topics & Key Terms
Key Terms:
More Professional Conduct Questions
According to the REA Code of Professional Conduct and Client Care, what is the primary duty of a real estate licensee?
A licensee receives confidential information about their client's financial difficulties. When can this information be disclosed to third parties?
During a complaint investigation, what is a licensee's obligation regarding cooperation with the Real Estate Authority?
A licensee discovers that a competing agent has made false statements about a property they have listed. What is the most appropriate course of action?
A licensee is charged with misconduct for serious breaches of the Code. During the disciplinary hearing, they argue that their actions were directed by their branch manager. How will this affect the Tribunal's decision?
- → A licensee keeps working while a complaint against them goes to the Real Estate Agents Disciplinary Tribunal. If misconduct is proved, what can the Tribunal do?
- → A licensee working for Agency A learns confidential information about a client’s financial difficulties. They then move to Agency B and are asked to give market advice on that client’s property to a prospective buyer who is a client of Agency B. How should they handle this situation?
- → A licensee working for Agency A learns confidential information about a client's urgent need to sell due to financial difficulties. The licensee then moves to Agency B and uses this information to approach the former client with a lower offer through a contact. This scenario primarily involves a breach of which professional obligation?
- → An agent receives two written offers on the same property at the same time: one from the agent's personal friend at $50,000 below the asking price, and one from an unknown buyer at the asking price. The agent presents only the friend's offer. Under the Real Estate Agents Act 2008, this most likely amounts to:
- → According to the REA Code of Professional Conduct and Client Care, what is the primary purpose of the Code?
- → In what situation would the Real Estate Agents Disciplinary Tribunal have jurisdiction to hear a complaint against a former licensee?
- → James, a branch manager, becomes aware that one of his salespeople has been providing misleading information to clients about settlement timeframes. Under the REA Code, what is James's primary obligation?
- → Under section 121 of the Real Estate Agents Act 2008, what must appear on every advertisement an agent publishes?
- → When can a licensee disclose confidential client information to a third party?
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