Licensees reporting potential misconduct
The Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 require licensees to report potential misconduct or unsatisfactory conduct to REA.
This page explains your obligations as a licensee to make a report, how to make one and what to expect when you do.
Do I need to provide my personal details?
Reporting potential misconduct is an obligation for licensees under rule 7.2. It can be difficult to confirm or record that you have met your obligation if you don't provide your details.
This process will be discussed with you before any disclosure.
Will my identity be kept confidential?
We value the confidentiality of all parties during the investigation process. We won’t share your details with the licensee you’ve made a report about unless the law requires us to do so. We’ll assume you want your details kept confidential unless you confirm otherwise.
If a Complaints Assessment Committee (CAC) wishes to investigate the behaviour described in the report, we may need to share your details with the CAC.
We are happy to answer any questions about confidentiality before you make a report.
What might the outcome be?
If the report is investigated and is sufficiently serious, it may result in a finding of unsatisfactory conduct.
If the matter involves potential misconduct, charges can be laid by the CAC against the licensee and the case referred to the Real Estate Agents Disciplinary Tribunal (READT). The READT considers matters relating to misconduct.
Will you tell me the outcome?
The outcome of any investigation generally remains confidential to the CAC and the licensee under investigation. Other parties (including you, if you made the initial report) are not notified of the outcome unless it is published or if you decide you would rather pursue the matter as a complaint.
The outcome may be published if the CAC considers it is appropriate to do so. In that case, the identities of parties other than the licensee that is the subject of the report, will not be disclosed.
The identity of a licensee found guilty of unsatisfactory conduct will only be published after approval by the CAC or READT that made the finding. If a licensee is found guilty of misconduct, the decision whether to publish their identity will be made by the READT.