• CPD non-compliance and infringement notices

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    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of their CPD obligations and hold the view that the IFN is incorrect, have the right to apply for the IFN to be withdrawn.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 registration (RR)

    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:

    • You were not aware that the RR had to be surrendered at the time your RA was granted, or
    • DMIRS had previously indicated that you could retain your RR and just let it run out (please supply any correspondence from DMIRS),

    OR

    • If you wish to retain both and do not wish to complete two lots of CPD training to maintain both the agent’s licence and sales representative’s registration, you can apply to the Commissioner’s Delegate to seek exemption to undertake CPD training for your agent’s licence (RA) or your sales representative registration (RR).

    This step is necessary for the infringement notice to be withdrawn.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.

    • If you make no request, or your request is not approved by the Commissioner’s Delegate, then you will be required to undertake CPD training to maintain both registrations in order to avoid any infringement notices, disciplinary proceedings or prosecution action in the future. You will still be required to complete the 2020 CPD training.
    • If you no longer wish to retain either your agent’s licence or sales representative registration you will need to write to the Commissioner’s Delegate advising your wish to cancel your licence or registration and notify your wish to surrender either one or both.

    2. Those 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:

    • Advise of your wish to surrender your agent’s licence or sales representative registration (failure to do so could result in IFNs being issued for non-compliance with CPD in 2021 or more serious proceedings such as prosecution or an application to the State Administrative Tribunal to suspend your RA or RR until compliance is achieved).

    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:

    • You contacted DMIRS stating that you were leaving the industry,
    • Your employer confirmed that they would inform DMIRS on your behalf, or
    • DMIRS indicated that there was no need to cancel your registration and just let it run out (please supply any correspondence from DMIRS).

    3. Significant 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:

    • Explain the nature of the health issue, and
    • Attach relevant evidentiary documentation if you can or feel comfortable doing so.


    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:

    • Be patient.
    • Don’t send multiple emails or follow up calls on your request until a DMIRS officer contacts you or you will be just pushing the wait time out longer. 


    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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