Singh and Chief Executive, Department of Justice and Attorney-General

The matter before the Tribunal concerned an application by Mr Singh for a Queensland Real Estate Agent Licence, seeking mutual recognition of his Estate Agent’s Licence issued in Victoria. The dispute arose because the Queensland licence was issued with conditions, mirroring those on his Victorian licence, which Mr Singh contended should not have occurred given his prior unrestricted licence and qualifications.

The primary legal issue before the Tribunal was whether the conditions attached to Mr Singh's Victorian Estate Agent’s Licence were lawfully carried over to the Queensland Real Estate Agent Licence issued under the *Mutual Recognition Act 1992* (Cth). Specifically, the Tribunal had to determine if the imposition of these conditions was consistent with the principles of mutual recognition, particularly in light of Mr Singh's submission that he should have received an unrestricted licence in Queensland.

The Tribunal reasoned that the *Mutual Recognition Act* permits a state to grant a licence under mutual recognition with conditions, provided those conditions are not more onerous than would otherwise apply, unless they reflect conditions on the applicant's existing licence or are necessary for occupational equivalence. In this instance, the Tribunal accepted that the occupations were equivalent, but the Victorian licence itself was subject to a condition that modified its scope. Consequently, to maintain equivalence with the licence being recognised, the Queensland licence was lawfully issued with the same condition. The Tribunal noted that Mr Singh's choice to apply under the *Mutual Recognition Act* rather than the *Property Occupations Act* meant he accepted the potential for his existing licence conditions to be carried over.

Ultimately, the Tribunal affirmed the decision to issue the Queensland Real Estate Agent Licence with the imposed conditions. The Tribunal acknowledged Mr Singh's frustration but stated that any application to have the condition removed would be a separate matter.