Chief Executive Department of Justice and Attorney General v Keyte

The Chief Executive Department of Justice and Attorney General brought proceedings against Robert Douglas Keyte, a real estate agent, for engaging in unlicensed activity and other breaches of the Property Agents and Motor Dealers Act 2000. The dispute came before the Civil and Administrative Tribunal of New South Wales. The Tribunal was tasked with determining whether Keyte was a suitable person to hold a licence, given his actions and the failure to lodge trust account audits. It also needed to decide if Keyte had been incompetent or acted in an unprofessional manner.

The Tribunal considered whether Keyte's actions, including acting as a real estate agent while unlicensed and borrowing a colleague's licence, constituted incompetence or unprofessional conduct. It also examined whether Keyte's failure to lodge trust account audits amounted to a breach of the Act, despite there being no loss to consumers. The Tribunal found that Keyte's conduct was indeed unprofessional and that he was not a suitable person to hold a licence. The Tribunal was satisfied that Keyte's actions warranted the severe penalty of disqualification from holding a licence for seven years.

The Tribunal issued several orders against Keyte. Firstly, it reprimanded him. Secondly, it disqualified him from holding a licence or registration certification for seven years. Thirdly, it barred him from being an Executive Officer of a corporation that holds a licence or registration certificate for the same period. Fourthly, it imposed a fine of $2,250, payable by a specific date. Lastly, Keyte was prohibited from reapplying for a real estate agent’s licence until he provided evidence of successfully completing the equivalent of a Certificate IV in Property Services (Real Estate).