Property agents - QCAT Queensland Civil and Administrative Tribunal

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Property agents

Disciplinary proceedings

QCAT conducts disciplinary proceedings against:

  • property agents: holders of auctioneer and real estate agent licences
  • resident letting agents
  • real estate salespersons.

Only the chief executive of the Department of Justice and Attorney-General can apply to commence disciplinary proceedings against property agents, resident letting agents and real estate salespersons.

If QCAT finds that grounds for discipline are established QCAT may make an order:

  • reprimanding the person 
  • requiring the person to pay a fine 
  • requiring the person to pay compensation to someone who has suffered loss
  • disqualifying the person from holding a licence or registration certificate
  • suspending, cancelling or imposing conditions on the person’s licence or registration certificate.

Review of the chief executive's decision

QCAT is able to review certain decisions of the chief executive regarding licensing, registration, the operation of agent’s trust accounts and claims against the Claim Fund, including decisions:

regarding the suitability of a person  to hold a licence or registration certificate

  • issuing or refusing to issue a licence or registration certificate
  • issuing a licence or registration certificate on conditions 
  • renewing or refusing to renew a licence or registration certificate
  • restoring or refusing to restore a licence or registration certificate
  • appointing or refusing to appoint a substitute licensee 
  • amending conditions on a licence or registration certificate 
  • immediately suspending a licence or registration certificate
  • cancelling a licence or registration certificate
  • directing the operation of the licensee’s accounts
  • not to deal with a claim against the Claim Fund
  • allowing or rejecting a claim against the Claim Fund.
  • For more information see Apply for a review of the chief executive’s decision.

    Lodging a financial claim

    If you have suffered a financial loss because of the actions of a property agent you may make a claim against the Claim Fund. If you would like to make a claim against the Claim Fund contact the Office of Fair Trading who will investigate your case. Only Fair Trading deals with financial claims.

    Legislation

    Queensland legislation related to property agents includes the:

    • Agents Financial Administration Act 2014
    • Property Occupations Act 2014
    • Queensland Civil and Administrative Tribunal Act 2009

    The Acts are available from the Office of the Queensland Parliamentary Counsel.

     

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    Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

    If you are seeking a review of an authority's decision, generally you must apply within 28 days of the decision being made. There are exceptions to this rule - check your information notice about the specific time limit in your case.

    External links

    Last reviewed
    9 November 2011
    Last updated
    7 January 2015

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