One of the main concerns about the 1976 Act was that consumers did not have ready access to an independent complaints and disciplinary process. Under the new Act people will be able to take a complaint about a licensee or a former licensee to the Real Estate Agents Authority, which will refer the complaint to a Complaints Assessment Committee to investigate. This process will be fair and impartial for consumers and for agents, branch managers and salespersons.
A Complaints Assessment Committee can deal with the complaint in several ways, including directing that the parties explore the possibility of resolving the complaint by negotiation, conciliation or mediation. Where a Committee finds that the licensee has engaged in unsatisfactory conduct, it has a range of measures at its disposal to deal with the complaint, such as:
- reprimanding the agent, branch manager or salesperson;
- requiring the agent, branch manager or salesperson to do any of the following:
- make an apology
- undergo further training
- refund fees
- rectify an error
- pay a fine of up to $10,000 in the case of an individual or $20,000 in the case of a company
- pay the costs of the inquiry or investigation.
