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 through the State Administrative Tribunal (SAT), with $16,000 worth of fines issued to the persons involved.

WA Consumer Protection reports on the issue as follows:

$16,000 in fines over unregistered real estate sales representative (Tyson Keene / Danielle McGufficke / Realty Lane Pty Ltd)

• Agency and supervisor fined $7,000 each for failing their legal obligations

• Sales rep fined $2,000 after working for nine months without registration

• Reminder to real estate industry to be aware of their duties under the law

A North Perth real estate agency, its supervisor and an unregistered sales representative have been fined a total of $16,000 by the State Administrative Tribunal (SAT) as a result of disciplinary action by Consumer Protection.

Realty Lane Pty Ltd and the supervisor (or person in bona fide control) of the agency Danielle Rose McGufficke were fined $7,000 each. The unregistered sales representative Tyson Edwin Keene was fined $2,000. Along with fines, all were formally reprimanded by the SAT on 16 November 2022 and ordered to pay costs of $500.

Mr Keene was employed by Realty Lane between September 2020 and June 2021. He carried out the functions of a sales representative and received commission payments while not holding a valid certificate of registration as required by the Real Estate and Business Agents Act.

As supervisor of the agency, Ms McGufficke failed to ensure that Mr Keene was registered in compliance with the Act.

Commissioner for Consumer Protection Gary Newcombe pointed out that agencies and those in control of them need to ensure their employees comply with the law at all times.

“It’s a well-known and basic requirement that all real estate sales representatives have to be registered with Consumer Protection before working in the industry in WA,” Mr Newcombe said.

“It’s an important obligation of agencies and those in bona fide control to confirm that their sales reps hold current certificates of registration, as well as any other relevant employees such as property managers. This includes checking that their registration is renewed before it expires.

“The registration system is aimed at maintaining high standards within the industry and ensuring those who work in it are fit and proper people. This is particularly important considering the large amount of money that is handled by agencies on behalf of their clients.”

More information on the obligations of real estate agents, sales representatives and property managers is available on the Consumer Protection website or enquiries can be made by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.