What are the proposed changes?
The Consumer Protection Legislation Amendment Bill, which is currently before Parliament, includes clauses which would amend the Real Estate and Business Agents Act 1978 and the Settlement Agents Act 1981 to create an offence punishable by a maximum fine of $5000 for failure to comply with CPD requirements. If the legislation is passed the Department intends to make regulations to provide for the offences to be dealt with by the issue of an infringement notice for an amount of up to $1000.
“Clause 49 inserts a new section 40B to provide that an agent must meet the prescribed educational requirements – these are the requirements to complete the compulsory professional development activities as required by the regulations. Failure to comply with the provision carries a penalty of a fine of $5000.
This provision replaces the deleted section 31(3)(b) which permitted the Commissioner to refuse to renew a triennial certificate if the educational requirements were not met but did not provide for any form of sanction other than the loss of the person’s livelihood.”
The changes will also see DMIRS review CPD compliance annually, instead of upon renewal of your licence or registration. If you fail to complete all 10 hours of CPD training in a single calendar year, DMIRS may refuse the renewal of your licence or registration.
Clause 50 amends section 48 by deleting the current subsections (4) and (5) and replacing them with a new provision. The new provision Explanatory memorandum – Consumer Protection Legislation Amendment Bill 2018 Page 14 of 24 requires the sales representative to satisfy the Commissioner of ongoing eligibility to hold a certificate. The requirement for the Commissioner to consider whether the sales representative has met prescribed educational requirements as part of the renewal process has been deleted. This has been replaced with a new offence provision at section 50C where the sales representative fails to complete prescribed professional development requirements.
At this stage the proposals are still subject to consideration by Parliament, and they may either not be passed, or may be passed in an amended form. Once the passage of the Bill is complete DMIRS will be implementing an information campaign to ensure that industry is notified of any changes and the commencement date.
Remember, you are required to complete 3 Mandatory CPD points and 7 Elective CPD points in each calendar year. If you are unsure of what points you have completed so far, please contact CPD@dmirs.wa.gov.au for your CPD records.
And if you are yet to complete your CPD points for 2019, book here!