Commissioner for Fair Trading v Teoh (Occupational Discipline)

The Commissioner for Fair Trading (the Commissioner) initiated occupational discipline proceedings against Ms Serene Rui Li Teoh, a licensed real estate agent, for various breaches of the Agents Act 2003 and Agents Regulation 2003. The Commissioner sought orders under section 9 of the ACT Civil and Administrative Tribunal Act 2008 (ACAT Act) and section 42 of the Agents Act. The primary legal issues were whether the proposed consent orders were within the Tribunal's power and appropriate given the circumstances.

Ms Teoh, who owns and operates a real estate business, published false and misleading advertisements for 39 properties in the ACT suburb of Denman Prospect between April and May 2020. This constituted a breach of the Agents Act and professional conduct rules. The parties reached an agreement on the final orders the Tribunal should make, and the Tribunal made orders by consent. The orders included a public reprimand, a fine of $2,000, a requirement for Ms Teoh to provide a written undertaking concerning steps to minimise the likelihood of future contraventions, and a mandate for her to complete specified real estate industry training courses.

The Tribunal considered the legislative framework and the factors relevant to occupational discipline orders, including the seriousness of the contraventions and the impact on the public. The Tribunal found that the orders were appropriate given the number and nature of the contraventions. The public reprimand and fine were deemed proportionate to the breaches and served as a deterrent. The written undertaking and training courses were intended to effect procedural changes in Ms Teoh's business and to correct her conduct, thereby minimising the risk of future contraventions.