Continuing Professional Development (CPD)

Continuing Professional Development (CPD) is an annual requirement for the renewal of Certificates of Registration and Licenses in the Property Industry.

Topic 1- Explaining Agency Agreements and Avoiding Misrepresentation
One of the most common mistakes that property agents make is incorrectly filling out their agency agreements, following the wrong procedures to have them signed or not having an agency agreement at all. Under the PSBA Act 2002 a written agency agreement must be prepared for all services to be performed by an agent for a client (principal), unless the services relate only to livestock.
It is important to ensure the agreement is prepared, signed and served correctly – or you may lose your entitlement to be paid a fee and recoup expenses.

This topic will prepare and prevent any agent exposing himself or herself to risk, expenses and potential claims for no reward at all, as a result of unwittingly entering into an unwritten agency agreement or filling out an agency agreement incorrectly.

The topic also provides a synopsis on ‘how to avoid misrepresentation. The Trade Practices Act prohibits business from engaging in behaviour which actually misleads or deceives, or is likely to mislead or deceive. The courts have considered the phrase ‘mislead or deceive' in many cases and have generally focused on ‘mislead'. In practice, to mislead is a broader category of conduct, and those that are misled are almost by definition deceived as well. Therefore, it is the definition of misleading conduct that is the focus here and this will become a part of the process when explaining terms and conditions on agency agreements and advising the customer where required.

As an additional bonus, ITC will provide additional resource material, updates on legislative changes, audio interviews and any other relevant information that will ensure participants are well informed on the day.

Topic 2 - Legislation and Compliance
The Property, Stock and Business Agents Act requires that all agency businesses be effectively controlled and supervised by a licensed agent. Proper supervision is vital, particularly where large sums of money and trust accounts are involved. Proper supervision also helps promote ethical conduct in employees.

Poor supervision of employees can cause distress and financial loss for consumers. It leaves the door wide open for some employees to adopt unethical practices in their dealings with consumers, and can lead to negligence, misleading conduct and fraudulent use of trust money. For these reasons, the Act introduces tighter requirements for the supervision and control of employees and clarifies the responsibilities of licensees for employees' conduct.

This topic is designed to accurately inform all Certificate and Licence holders of what constitutes proper supervision of the business of a licensee required by S.32 of the Property, Stock and Business Agents Act, 2002 . The training will also highlight risk areas of the day to day operations which is a result of poor supervision and the roles that both employees and employers play to ensure sound supervision practices are being followed and administered on a day to day basis.

The risk areas are based around contract law and terminology, privacy statements relating to the tenant database, range selling, pitfalls with security in the office , instructing trades people for the job, maintaining the trust account, staff in correctly filling out the agency agreement and the pitfalls which follow from this.

Topic 3 - Ethics & Professional Responsibility
Available by correspondence, although we do run this as a workshop on request, available is a version of this, specific to either sales and strata. We also have a version that encompasses both sales and property management.  

This topic gives an insight into the ethical and professional conduct standards that go with the legal responsibilities required within the property industry, very much centred around disclosure, bribes, political donations, kickbacks & human behaviour. We emphasise best practice using case study examples, identifying what is legal, what is ethical , while raising awareness to poor ethical behaviour and the likely outcomes which come from this.

What is Continuing Professional Development?
Continuing Professional Development is a requirement for licence or certificate of registration renewal under the Property, Stock and Business Agents Act 2002. Under section 20(c) a licence or certificate of registration may be granted subject to the condition that specified further education or training be undertaken during the term of the licence or certificate. Accordingly, renewal of a licence or certificate of registration will be conditional on licence and certificate holders undertaking continuing professional development each year.

CPD is generally seen as a mechanism for professionalising an industry and promoting high standards. Programs of continuing professional development are aimed at maintaining public confidence by ensuring that industry participants are continually up-dating their skills. Continuing professional development provides industry participants, who have general competence, with the means for responding effectively to change, adopting new work practices and enriching their knowledge and skills.

The aims of the continuing professional development scheme are to:

• increase levels of consumer protection;
• promote professionalism across the property agency industry;
• improve the knowledge and skills of practitioners;
• encourage high standards;
• maintain public confidence.

The Office of Fair Trading is responsible for the administration and monitoring of the continuing professional development scheme. The Guidelines for Continuing Professional Development for the Property Agency Industry set out the requirements that must be fulfilled by agents in undertaking their continuing professional development. The guidelines apply to all sectors: real estate agents, strata managing agents, stock and station agents, business agents, buyer's agents and residential property managers as well as certificate of registration holders.