this is real estate subject name "access and interpret ethical practice in estate"

below is the case study pictures total are 5 pictures of case study.

pic 1

pic 2

pic 3

pic 4

pic 5

CPPREP4002 Access and interpret ethical practice in real estate - ACT Exit Item 8 of 8 Review the below published prosecution and answer the below questions: Identify and explain the unethical real estate practice that has occured. Explain how the unethical practice relates to consumer protection requirements. Identify and explain three (3) real estate ethical standards or codes of conduct that are mentioned in this prosecution. What core rules of conduct and sources of specialist advice could the Agent have referred to, to help rectified the unethical practice. ACT CIVIL \& ADMINISTRATIVE TRIBUNAL AUSTRALIANCAPITALTERRITORYCIVIL&ADMINISTRATIVETRIBUNAL)OR16/2021 COMMISSIONER FOR FAIR TRADING v TEOH (Occupational Discipline) BETWEEN: [2022] ACAT 2 COMIMISSIONER FOR FAIR TRADING Applicant AND: OR 16/2021 SERENE RUI LI TEOH Respondent Catchwords: OCCUPATIONAL DISCIPLINE - real estate agent - consent orders - failure of agent to obtain authorising documents for publishing advertisements for property sales - failure of agent to TRIBUNAL: Presidential Member MT Daniel obtain documents permitting inspections of property misleading and deceptive conduct - breaches of agent rules of conduct - public reprimand - fine - undertaking to minimise DATE: further contraventions - training courses ORDER Legislation cited: ACT Civil and Administrative Tribunal Act 2008ss65,66 Agents Act 2003 ss 79, 89A CONSENT DECISION PURSUANT TO SECTION 55 OF THE ACT CIVIL Civil Law (Sale of Residential Property) Act 2003s9 AND ADMINISTRATIVE TRIBUNAL 2008 (ACT) Fair Trading (Australian Consumer Law) Act 1992 s 34B, Dictionary The parties have reached an agreement as to the terms of a decision of the Tribunal that is acceptable to them. Subordinate Legislation cited: Agents Regulation 2003 ss 8.2,8.4,8.5,8.9,8.11,8.16 The terms of the agreement have been reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal. Cases cited: Commissioner for Fair Trading v Yes Real Estate ACT Pty Ltd The Tribunal is satisfied that a decision consistent with those terms would be within [2019] ACAT 103 Nursing and Midwifery Board of Australia v Izzard [2016] the powers of the Tribunal. ACAT 68 By consent, the Tribunal makes orders in the terms of the agreement signed by the Tribunal: Presidential Member MT Daniel parties and as follows. Date of Orders: 24 December 2021 1. Noting the Agreed Statement of Facts at Schedule 1 of this agreement, pursuant Date of Reasons for Decision: 14 January 2022 to section 66(2)(a) of the ACT Civil and Administrative Tribunal Act 2008 (ACAT Act), the respondent is publicly reprimanded. 2. Pursuant to section 66(2)(h) of the ACAT Act the respondent is to pay to the REASONS FOR DECISION Territory the sum of $2,000 within 21 days of the date of this order. 1. By application dated 10 November 2021, the Commissioner for Fair Trading 3. Pursuant to section 66(2) (b) of the ACAT Act, the respondent is to give a (the Commissioner) commenced occupational discipline proceedings against written undertaking to the satisfaction of the Commissioner within 21 days of the respondent, Ms Serene Rui Li Teoh. The Commissioner brought these this order concerning the steps she will take to minimise the likelihood of proceedings pursuant to section 9 of the ACT Civil and Administrative Tribunal further contraventions of the Agents Act 2003, including the provision of Act 2008 (ACAT Act) and section 42 of the Agents Act 2003 (Agents Act). The training for, and the giving of written directions to, employees and the adoption of relevant procedures for the following: Commissioner sought orders against Ms Teoh for various breaches of the Agents Act and Agents Regulation 2003 (Agents Regulation). (a) training to employees in respect of the agent's policies and procedures for 2. On 15 December 2021 the Tribunal was advised by email that the parties had uploading properties advertised for sale to advertising websites; and reached an agreement as to the final orders the Tribunal should make in relation (b) risk assessment and management policy for uploading properties to Ms Teoh. advertised for sale to advertising websites. 3. On 24 December 2021 , by consent of the parties, I made in chambers orders The respondent must provide the undertaking to the Commissioner via email to AccessCanberraFTl@act.gov.au. giving effect to the orders sought by the Commissioner. Below are my reasons for the decision. 4. Pursuant to section 66(2)(c) of the ACAT Act, within three months of the date Facts of the Tribunal's order, the respondent is to complete to the satisfaction of the 4. The parties provided an agreed statement of facts. From this I am satisfied of the Commissioner the following real estate industry training courses, which are not following facts: to count towards her continuing professional development requirement: 5. Ms Teoh is and was, at all material times a licenced real estate agent under part (a) CPPDSM4015A-Minimising agency and consumer risk; 3 of the Agents Act to conduct the business of a real estate agent, business and (b) CPPDSM4012A-List property for sale; stock and station agent. As a licenced agent, Ms Teoh is subject to the statutory (c) CPPDSM4014A-Market property for sale; and requirements of the Agents Act, the Agents Regulation, and professional (d) CPPDSM4009A-Interpret legislation to complete agency work. conduct rules. Ms Teoh owns and operates a real estate business trading as Trusted Realtors Pty Ltd. The respondent must provide evidence of satisfactory completion of these courses to the Commissioner via email to AccessCanberraFTI@act.gov.au 6. Between 1 April 2020 and 25 May 2020, Ms Teoh published a total of 32 within 14 days of completing each course. properties for sale on realestate.com, all 32 of the properties were in the ACT suburb of Denman Prospect. 5. The directions hearing listed for 10 January 2022 is vacated. 7. Between 14 April 2020 and 21 May 2020, Ms Teoh published a total of seven properties for sale on zango.com.au, also in the suburb of Denman Prospect. 8. In listing these 39 properties, Ms Teoh either knowingly or recklessly, published An agent must have a knowledge and understanding of the Act, and any statements relating to her real estate husiness in advertisements which were other laws relevant to the kind of licence or certificate of registration held (including, laws relating to residential tenancy, fair trading, trade false and misleading. This constituted a breach of section 79(1) of the Agents Act, which states: practices, anti-discrimination and privacy) that may be necessary to allow the agent to lawfully exercise his or her functions as agent. 79 False or misleading advertisements (I) An agent commits an offence if- 8.4 Honesty, fairness and professionalism (a) the agent publishes an advertisement; and (1) An agent must act honestly, fairly and professionally with all parties (b) the advertisement contains a statement about the agent's in a transaction. business; and (2) An agent must not mislead or deceive any parties in negotiations or (c) the agent publishes the advertisement knowing that, or being 8.5 Skill, care and diligence reckless about whether, the statement - An agent must exercise reasonable skill, care and diligence. (i) is false or misleading; or (ii) omits anything without which the statement is 8.9 To act in accordance with client authority An agent must not act as an agent or represent himself or herself as acting as an agent on behalf of a person without the written consent of the 9. Between 1 April 2020 and 25 May 2020 the respondent, in offering residential person.l properties for sale, failed to obtain and provide the required documents 1 authorising the agent to list the properties for sale, and for inspections of the 8.11 Licensee must ensure employees comply with the Act premises by prospective buyers. This contravenes section 89A(1) of the Agents An agent who is the licensee-in-charge at a place of business of a licensee must take reasonable steps to ensure other licensees or registered persons Act, which provides: employed in the business conducted there comply with the Act. 89 A Proposed contracts for sale of residential property Note A reference to an Act includes a reference to the statutory (I) An agent commits an offence ifinstruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (a) the agent offers residential property for sale; and (b) the required documents are not all available at the agent's 8.16 Soliciting through false or misleading advertisements or place of business for inspection by a prospective buyer (or an agent for a prospective buyer) at all reasonable times when an offer to buy the property may be made to the agent. communications An agent must not solicit clients or customers by advertisement or other communication that the agent knows or should know are false or misleading. 10. The parties agreed, and I am satisfied, that in the circumstances detailed above Power of the Tribunal to make occupational discipline orders the respondent breached the following professional conduct rules prescribed by 11. In Nursing and Midwifery Board of Australia v Izzard, 2 the tribunal observed schedule 8 of the Agents Regulation: the legal framework for occupational discipline orders made by consent of the 8.2 Knowledge of Act and other laws parties, and established the process which is to be followed in such matters. I adopt the reasoning of this decision, and proceed on the basis that the Tribunal must be independently satisfied that the proposed orders "are both within (g) if a regulatory body may put conditions on the person's power, and appropriate". 3 licence or registration under an authorising law-direct the regulatory body to- 12. Under section 41 of the Agents Act the grounds for bringing an occupational (i) put a condition on the person's licence or registration; discipline matter to the ACAT include where an agent has, or is, in or contravention of fair trading legislation 4 or the professional conduct rules (ii) remove or amend a condition put on the person's prescribed by regulation. 5 licence or registration; (h) require the person to pay to the Territory or someone else a 13. The Commissioner is empowered under section 42 to apply to the ACAT for an stated amount (not more than any amount prescribed by occupational discipline order in relation to an agent, where the Commissioner regulation); believes on reasonable grounds that a ground for occupational discipline exists in relation to the agent. (i) if the person gained financial advantage from the action that is the ground for occupational discipline-require the person to pay to the Territory an amount assessed as the amount of financial advantage gained by the person. 14. The Tribunal may make the following occupational discipline orders in relation (3) If the ACAT cancels a person's licence or registration, the ACAT to real estate agents: may disqualify the person from applying for a licence or registration for a stated period or indefinitely. 66 Orders for occupational discipline (4) This section does not limit the orders the tribunal may make. (1) This section applies if the tribunal may make an order for (5) In this section: occupational discipline in relation to the subject person. regulatory body means the entity responsible for issuing licences of Note Section 65 sets out when the tribunal may make an the kind held by the subject person or for registering people in the occupation or profession in which the subject person is registered. 6 (2) The tribunal may make 1 or more of the following orders for occupational discipline in relation to the subject person: 15. When making occupational discipline orders under section 66 against a 'subject (a) reprimand the person; person, 7 - in this case a real estate agent, the Tribunal must consider whether (b) require the person to give a written undertaking; the orders are appropriate in the circumstances, as well as any mitigating factors (c) require the person to complete a stated course of training to of the agent. 8 The Tribunal is required to consider the following criteria when the satisfaction of the regulatory body or another stated issuing orders for occupational discipline: person; (d) give the person a direction; (a) Whether the person took reasonable steps to avoid the action (the Note For directions that may be given, sees 67. contravention) that is the ground for occupational discipline; (e) cancel or suspend the person's licence or registration; (b) Whether the occupational discipline has previously been used (f) disqualify the person from applying for a licence, or registration, against the person for a similar act; of a stated kind for a stated period or until a stated thing (c) Whether the person has taken steps to mitigate the effect of the happens; contravention; (d) The impact of the contravention on any other person; (e) The likelihood that the person will act in a way that is a ground for occupational discipline in the future; 3 Nursing and Midvifery Board of Australia v I ard [2016] ACAT 68 at [11] 4 The Agents Act and Agents Regulation are considered both fair trading legislation and (f) Whether the entity bringing the application has applied for 20. It is appropriate that the respondent be publicly reprimanded by way of these particular occupational discipline to be used and, if so, the kind of published reasons, which expresses the Tribunal's disapproval of the agent's specific conduct and deters other agents generally. Appropriateness of the proposed consent orders 16. As is the case with other regulated and licenced professions, there is an inherit 21. The fine imposed, being $2,000, is appropriate and proportionate to the principle which underpins the purpose of regulation, being the protection of the contraventions of the respondent, and serves as deterrent for both Ms Teoh and public who entrust agents to act with skill, care and diligence. 10 It is an other agents practising in the Territory. expectation of the public that where an agent is licenced to provide professional 22. The written undertaking serves to effect procedural changes to the operation of services, that the agent adheres to the standards prescribed by the Agents Act the respondent's business and the conduct of employees under her supervision. and Agents Regulation, and are held responsible for failures to meet this 23. Finally, Ms Teoh is to complete to the satisfaction of the Commissioner, four standard. The orders I have made in this matter are reflective of this principle, accredited training courses targeted at the respondent's contraventions, and is to each of which I will address in turn below. provide evidence of completing the following courses within 14 days to the 17. In making the occupational discipline orders, I have considered the legislative Commissioner: scheme and factors set out above against the circumstances of this matter. (a) CPPDSM4015A-Minimising agency and consumer risk; 18. The respondent has not previously been the subject of disciplinary proceedings, (b) CPPDSM4012A-List property for sale; nor subject to disciplinary orders in relation to her professional practice as a (c) CPPDSM4014A-Market property for sale; and licenced real estate agent. This is a relevant consideration which is to be applied (d) CPPDSM4009A-Interpret legislation to complete agency work. to all orders made, but should be weighed against the number of contraventions 24. The courses serve a remedial purpose to correct the respondents conduct and of both the Agents Act and Agent Regulation. While a singular contravention of the kind presented in this matter might constitute a transgression at the lower minimise further contraventions of this kind. The Tribunal is satisfied that the end of the scale, the contraventions concerned a total of 39 property listings respondent should complete the above courses within the specified three-month over a period of approximately two months, demonstrating a pattern of personal timeframe and that they are not to count towards her continuing professional and business behaviours. The orders I made are reflective of both the development requirements. seriousness and quantity of these contraventions. 19. The parties' early agreement and therefore resolution of the matter demonstrates Ms Teoh's wiliness to accept responsibility for the contraventions and Presidential Member MT Daniel acceptance of the orders made against her. These are meaningful factors which go to the purpose of regulatory oversight and the public expectations of licenced professionals. Date(s) of hearing: In chambers Solicitors for the Applicant: Mr A Chand, ACT Government Solicitor Respondent: Ms S Rui Li Teoh