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arrest warrants issued together with details of any charges laid, withdrawn or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