Real Estate Agents Disciplinary Tribunal

Authority

Short form of the Real Estate Agents Authority (see ‘Real Estate Agents Authority’ below).

Board

Also referred to as the Authority Board - the governing body of the Real Estate Agents Authority 

Complaints Assessment Committee

Also referred to as ‘the Committee’. The Authority is responsible for appointing Complaints Assessment Committees to deal with complaints and allegations about licensees.

Charge

An alleged act of misconduct by a licensee. 

Determination 

The Tribunal will make a formal decision based on the evidence received in writing or at a hearing. This decision is legally binding (and can be appealed), sent to all parties and may be published. 

Directions hearing (or ‘preliminary conference’)  

A meeting of all concerned parties called at the direction of the Chair. The aim is to speed up proceedings and ensure compliance by all parties.

Discovery (or disclosure)

Sharing with or disclosing to all parties all the information and documents relevant to the application.

Hearing

In most cases a hearing is called where the case and evidence are examined.  The parties appear in person before the Tribunal, which makes a decision and instructs the parties accordingly.  Hearings are held in public unless the Tribunal thinks it is in the interests of any person to hold a hearing or part of a hearing in private.  The decision of the Tribunal will usually be published. In some cases, applications are heard ‘on the papers’, meaning the Tribunal makes its decision based on written evidence alone.

Licensee

A licensee is an agent, a branch manager or a salesperson. For the purposes of the complaints and discipline part of the Act it includes any former licensee or person who is or has been an officer of a company that is or has been a licensee.

Misconduct

Misconduct refers to serious matters such as disgraceful conduct, serious incompetence or negligence, or wilful or reckless contravention of the Act, regulations or rules. 

'On the papers' hearing 

Where a formal hearing is not conducted and the Tribunal makes its determination solely from the documents provided by the parties. 

Order

A direction or order given by the Tribunal or Chair of the Tribunal.

Practice Directions (Practice Notes) 

Guidelines issued by the Chair of the Tribunal regarding procedures to be followed in relation to an application.

Real Estate Agents Authority

Also referred to as the Authority. The Authority provides independent oversight of the real estate industry and increased consumer protection. 

Registrar

The Registrar is appointed by the Authority and is responsible for the licensing of people under the Act and maintenance of the register of licensees.

Unsatisfactory conduct

Includes less serious grounds for complaint, such as conduct that falls short of the standard reasonably expected by the public; incompetence or negligence; conduct that would reasonably be regarded by agents of good standing as unacceptable; and contravention of the Act, regulations or rules.