In Victoria Consumer Affairs Victoria (CAV) is the government regulator of the real estate industry. Consumer Affairs not only oversee the industry, but also provide information for consumers. As an agent, CAV will be a main source of information and guidance, we recommend you become familiar with navigating the webpage - This will also help with completing your assessments.
Consumer Affairs Victoria (CAV)
State Body
https://www.consumer.vic.gov.au/
They oversee such things as:
o Applications for objecting and/or granting licence applications
o Complaints & disciplinary procedures
o Appeals against disciplinary procedures
o Administer the property services compensation fund
o Review statements of commissions claims
o Conciliate disputes between consumers and traders, and tenants and landlords
o Enforce and ensure compliance with consumer laws.
CAV Public Register of Licences and Certificates
A register of licences and certificates is held by CAV and available for public inspection via the
website
https://www.consumer.vic.gov.au/licensing-and-registration/estate-agents/public-register
It contains:
o Any prosecution under the Act and the results of the prosecution
o Any warning notices issued
o Any disciplinary action taken or undertakings given
CAV administers the Fair Trading Act that also covers the conduct of real estate agents and
real estate practice in Victoria.
Estate Agents Act, 1980 & Regulations, 2018
State Body
https://www.legislation.vic.gov.au/in-force/acts/estate-agents-act-1980/128
http://classic.austlii.edu.au/au/legis/vic/num_reg/eacr2008n46o2008545/
● Sets standards and rules of conduct for property professionals
● Sets out requirements that are aimed at increasing consumer confidence
● Requirements for:
o licences
o Agents Representatives’
o corporate licences
The Act regulates agents’ conduct and competence required to carry out the profession. The
Act’s regulatory framework includes industry licensing, disciplinary procedures, and
consumer protections.
The Regulations provides the detail for agents to carry out their responsibilities under the
Act. It helps to ensure property agent business is ethical and financially accountable to
support the Act’s role in supporting fair dealings between agents and consumers.
Conveyancers Act, 2006
https://www.legislation.vic.gov.au/in-force/acts/conveyancers-act-2006/018
The first measure of consumer protection involves the fact that under the Conveyancers Act
2006, and its associated Regulations, the agent is required to have a copy of a full Contract
for the Sale of Land, at their office, available for perusal by prospective purchasers, before
they attempt to promote a property in any fashion, including word of mouth.
Residential Tenancies Act, 1997
https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997/100
This Act governs the relationship between landlords and tenants. It sets out the rights and
responsibilities of both parties. Under statutory regulation, a rental provider (landlord) or
agent must provide the ‘Tenant Information Statement’ (available free of charge from CAV)
at or before the time of entering into a residential tenancy agreement.
Likewise, the landlords must sign ‘A Landlord’s Information Statement – what you must know
before renting out your residential property’. They can only pass this on to the Agent to sign
on their behalf once you have their authority to do so, acknowledging they are aware and
understand the contents of the Statement.
o The Residential Tenancies Act’s is to ultimately provide inexpensive and efficient
resolution of disputes under this Act,
o by defining the rights and duties of, but not limited to, residential rental providers
and renters of rented premises, rooming house etc.
o by providing a centralised system for the administration of bonds and the
establishment of the Residential Tenancies Bond Authority,
o to provide for the regulation of agreements between (but not limited to) site owners
and site tenants
Residential Tenancy Databases Act
Section 10A –
The legislation has been introduced to regulate the use of tenant databases to:
o Ensure that listed tenants have access to their personal information
o Amend incorrect information
o Tenants objections are listed
o Delete listings within the specified time frames
Equal Opportunity Act, 2010
https://www.legislation.vic.gov.au/in-force/acts/equal-opportunity-act-2010/020
In Australia, it is unlawful to discriminate on the basis of a number of protected attributes
including age, disability, race, sex, intersex status, gender identity and sexual orientation in
certain areas of public life, including education and employment. The protected attributes
include:
o age
o breastfeeding
o employment activity
o gender identity
o disability
o industrial activity
o lawful sexual activity
o marital status
o parental status or status as a carer
o physical features
o political belief or activity
o pregnancy
o race
o religious belief or activity
o sex
o sexual orientation
o an expunged homosexual conviction
o personal association (whether as a relative or otherwise) with a person who is
identified by reference to any of the above attributes.
Victorian Equal Opportunity & Human Rights Commission (03) 9032 3583 or 1300 292 153