23 May 2017

Real Estate: Real Estate Agents Authority v. Domb

Annual licensing for real estate agents requires disclosure of current criminal convictions but not a full police vetting ruled the Court of Appeal in a test case.
About 14,000 agents and sales staff must renew their licences each year with the Real Estate Agents Authority.  Ruled out are those who have a dishonesty conviction in the previous ten years and those convicted of Fair Trading Act offences in the last five years including offences of making false claims about properties and of using bait advertising.
Agents complained the Authority registrar was going too far by requiring them sign approvals each year for a full police vetting.  Full vetting goes beyond disclosure of a criminal record.  It amounts to disclosure of the full police file on an individual: all information received and logged; active inquiries; arrest warrants issued together with details of any charges laid, withdrawn or dismissed.
The Court of Appeal ruled full police vetting was not required by the Real Estate Agents Act.  The registrar can only obtain details of applicants’ relevant criminal history where there has been proof or admission of guilt: convictions, discharges without conviction and diversion. 
Real Estate Agents Authority v. Domb – Court of Appeal (23.05.17)

17.052