16 November 2022

The Property Agents Board of Tasmania (‘The Board’) has published a recent tribunal decision on their website this month. The redacted tribunal outcome details disciplinary action taken against an agent for improper operation as a licensed property agent while engaged to manage the rental properties of four separate clients.

The Board’s complaints against the property agent relate to “conduct not of a reasonable standard of competence and diligence,” and claim that the agent was guilty of ‘professional misconduct’ and ‘unsatisfactory professional conduct’ as defined under section 83 of the Property Agents and Land Transactions Act 2016.

The tribunal’s orders against the property agent are as follows.

ORDERS

That the Property Agent is prohibited from conducting all or any part of real estate agency business, property management business, or general auctioneering business for a period of 2 years in accordance with Section 110(1)(e) of the Property Agents and Land Transactions Act 2016, such order to be wholly suspended on the following conditions:

i. That the Property Agent commits no further breaches of her obligations as a property representative and business owner as defined in the Property Agents and Land Transactions Act 2016, the Property Agents and Land Transactions Regulations 2017, and/or the relevant Code of Conduct for a period of 2 years;

ii. That the Property Agent receive regular counselling, treatment and support from the medical practitioner named in, and in accordance with, her written agreement with the Property Agents Board dated 24 June 2022;

iii. That the Property Agent pay a fine of $5,000 on or before 30 June 2023;

iv. That the Property Agent pay a contribution towards the costs of the Board in the sum of $7,500 on or before 30 June 2023.

v. These orders run concurrently with the orders made against the Property Agent in relation to the matter 2021-0076T.

vi. That if it appears to the Property Agents Board that, during the period of suspension of the Tribunal's orders, the Property Agent has breached a condition of the suspended orders, the Board may refer the alleged misconduct to the Tribunal as a complaint in accordance with Section 101(7)(c) of the Property Agents and Land Transactions Act 2016 and also may apply to the Tribunal to activate its order prohibiting the property agent from conducting all or any part of real estate agency business, property management business, or general auctioneering business for a period of 2 years in accordance with Section 110(1)(e) of the Property Agents and Land Transactions Act 2016.

The redacted tribunal decision can be accessed via the Property Agents Board of Tasmania website.