Show Recommended textbook solutionsSocial Psychology10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson 525 solutions
Fundamentals of Engineering Economic Analysis1st EditionDavid Besanko, Mark Shanley, Scott Schaefer 215 solutions
Century 21 Accounting: General Journal11th EditionClaudia Bienias Gilbertson, Debra Gentene, Mark W Lehman 1,009 solutions
Mathematics with Business Applications6th EditionMcGraw-Hill Education 3,760 solutions Recommended textbook solutions
Fundamentals of Engineering Economic Analysis1st EditionDavid Besanko, Mark Shanley, Scott Schaefer 215 solutions
Principles of Economics7th EditionN. Gregory Mankiw 1,394 solutions Fundamentals of Financial Management, Concise Edition10th EditionEugene F. Brigham, Joel Houston 777 solutions
Human Resource Management15th EditionJohn David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine 249 solutions Grounds for disciplinary actionUnder the Property and Stock Agents Act 2002 (the Act) and the Property and Stock Agents Regulation 2022 (the Regulation), the Secretary can take disciplinary action against licensees and certificate of registration holders, and former licensees and certificate holders, who:
Disciplinary actionsWhere there are grounds for disciplinary action, the Secretary can take the following actions:
In addition to the disciplinary action option, the Secretary can:
Disciplinary proceduresComplaints and investigationsAny person can make a complaint to the Secretary about a breach of the legislation. NSW Fair Trading can conduct investigations and take disciplinary action whether or not a complaint has been made — for example, where an investigator has identified a breach. Penalty noticesPenalty notices are a quick and efficient way of dealing with minor offences. NSW Fair Trading can serve a penalty notice on a person if there is evidence that they have committed an offence under the Act or Regulation. If the person does not wish to have the matter determined by a court, they can pay the amount of the penalty within the time specified in the notice. Payment of the penalty is not regarded as an admission of liability and prevents further disciplinary action from being taken for the offence but does not affect any civil claim arising from the matter. The aim of the penalty notice scheme is to encourage agent conduct that complies with the laws. NSW Fair Trading has guidelines on the use of penalty notices to ensure that the integrity of the penalty notice scheme is maintained and that it is used consistently and only for appropriate offences, that is, offences of a minor or technical nature. Circumstances where stronger disciplinary action would be more appropriate might include repeat or deliberate offences or behaviour that has caused serious detriment to consumers. When new penalty notice offences are introduced, it is NSW Fair Trading’s policy to proceed with gradual implementation in the first six months. During this time, on-the-spot notices are not issued and all penalty notices must be approved at a supervisory level before being issued. PenaltiesPenalties under the Act reflect the seriousness of offences. For example, a person who commits trust account fraud will be guilty of an indictable offence and liable to imprisonment for a term of up to 10 years. A maximum penalty of $22,000 will apply for unlicensed trading by a corporation and $11,000 for an individual. Similar penalties apply for collusive practices at auction sales. Disciplinary action by the Secretary may be reviewed by NCAT. Show cause noticeThe Secretary can serve a show cause notice on a person where there are grounds for taking disciplinary action against the person. A show cause notice gives the person the opportunity to make a submission to the Secretary demonstrating the reasons why they believe that the proposed disciplinary action should not be taken. The person can seek legal assistance in the preparation of a submission. The issue of a show cause notice is usually the first step taken in a procedure which may result in a licence being suspended or cancelled, or a person being disqualified from holding a licence. In situations of serious risk, the Secretary can immediately suspend a licence or certificate when issuing a show cause notice. Show cause notices:
A person who receives a show cause notice can make a verbal or written submission to the Secretary. Go to the notice to show cause page for more information. Appeals against disciplinary decisionsA person can apply to NCAT to review the Secretary’s decision on the disciplinary action. |