Commissioner for Fair Trading v Property Plaza Pty Limited (Occupational Discipline)

The case between the Commissioner for Fair Trading and Property Plaza Pty Limited (Property Plaza) revolves around the latter's failure to comply with various requirements under the Agents Act 2003, specifically concerning trust accounts, record-keeping, and audit reports. The Australian Capital Territory Civil and Administrative Tribunal (CAT) was tasked with reviewing the consent orders proposed by the parties. The central legal issues involved determining whether the grounds for occupational discipline existed as asserted by the Commissioner, and if the proposed consent orders were appropriate and within the Tribunal's power.

The Tribunal confirmed that the breaches identified, such as the late submission of audit reports, failure to provide receipts for trust monies, and inadequate recording of transaction details, indeed constituted grounds for occupational discipline. Given the statutory framework under both the Agents Act 2003 and the ACT Civil and Administrative Tribunal Act 2008, the Tribunal was satisfied that the proposed consent orders were permissible and appropriate. The Tribunal also considered relevant factors such as Property Plaza's previously unblemished record and its swift action to address the issues. Consequently, the Tribunal decided to reprimand Property Plaza, impose a fine, and require the completion of specified training courses and updates to its policies and procedures.

The Tribunal's reasoning emphasized the importance of compliance with trust account and record-keeping obligations, highlighting the necessity of these measures to protect the public and ensure transparency. The Tribunal also noted that the proposed measures, including the reprimand and fine, served as deterrents to both Property Plaza and other licensed agents. The orders were designed to address the identified deficiencies and prevent future breaches. The Tribunal concluded that the proposed consent orders were appropriate, considering the nature and circumstances of the breaches.

In summary, the Tribunal approved the consent orders, which included a public reprimand for Property Plaza, a monetary fine, mandatory completion of specific training courses, and the submission of updated policies and procedures for record keeping. The Tribunal also vacated the directions hearing previously scheduled for 23 September 2019.