Following a meeting with DMIRS on Monday concerning the receipt of infringement notices by some licensed real estate agents and registered sales representatives, due to non-compliance with CPD for the 2020 year, we can provide the advice below.
DMIRS have indicated that members who have been issued with an Infringement Notice (IFN) for breaches of their CPD obligations and hold the view that the IFN is incorrect, have the right to apply for the IFN to be withdrawn. These requests will be decided
by the Commissioner’s Delegate (Director Property Industries).
1. For those
who hold both a current agent’s licence (RA) and a sales representative
If you have been granted a RA and you do not want to retain your RR then you should email DMIRS confirming that you want to surrender your RR. In doing so, it would be helpful if you can confirm that:
This step is necessary for the infringement notice to be withdrawn. You will need to bear in mind that unless your application has merit, then the Commissioner’s Delegate may decline your request for exemption and then your infringement will stand.
who hold a current agent’s licence or sales representative registration and
have left the industry
You have an obligation under the Act to inform DMIRS that you have left the industry and wish to surrender your RA or RR.
If you wish DMIRS to consider withdrawing the most recent infringement notice you will need to:
If you have left the industry without surrendering your RR or your RA, then your position could be looked upon more favourably if you can provide documentary evidence that show:
hardship or compassionate grounds
If you have suffered significant personal health issues that have made it difficult to apply during 2020 for exemptions or for you to obtain your CPD points, then you should email DMIRS explaining the circumstances.
The Commissioner’s Delegate can favourably consider requests for exemption for CPD compliance if these are based on reasonable compassionate grounds. However, you must make a formal request to the Commissioner’s representative for the exemption to be
considered and it would be helpful if you can:
DMIRS must consider each application for a withdrawal of an IFN, individually, on its own merits. If the Commissioner’s Delegate does not consider your case is sufficiently strong or compelling, then you can expect that discretion will not be applied
and the IFN will likely stand.
Correspondence should be sent via email to [email protected].
You will need to be aware that DMIRS is already experiencing a large volume of queries to this email so it may be a while before you are contacted, therefore:
DMIRS has also advised that if you have sent an email to the above email address, then please don’t worry about the deadline dates for the IFN as that clock will stop until your review request has been fully considered and the outcome of the decision
communicated to you.
REIWA has been assured that no action will be taken in relation to your IFN until the review is finalised.
Members are encouraged to be patient, respectful and courteous when communicating with DMIRS staff who are dealing with a large volume of enquiries and they are endeavouring to listen to your concerns and provide information, advice and support appropriate
to your circumstances.
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