Estate Agents (Education) Regulations 2008

Version No. 001

Estate Agents (Education) Regulations 2008

S.R. No. 128/2008

Version as at 1 January 2009

table of provisions

RegulationPage

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Prescribed course for estate agent

7Exemptions from estate agent course

8Prescribed course for agent's representative

9Exemptions from agent's representative course

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SCHEDULES

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 001

Estate Agents (Education) Regulations 2008

S.R. No. 128/2008

Version as at 1 January 2009

Estate Agents (Education) Regulations 2008

S.R. No. 128/2008

1Objectives

The objectives of these Regulations are—

(a)to prescribe the courses of instruction for thelicensing of estate agents under section 14(1)(a)(i) of the Estate Agents Act 1980;

(b)to prescribe the courses of instruction for eligibility to be employed as an agent's representative under section 16(1)(b) of theEstate Agents Act 1980; and

(c)to provide for certain exemptions under section 99(1)(c) of the Estate Agents Act 1980.

2Authorising provision

These Regulations are made under section 99 of the Estate Agents Act 1980.

3Commencement

These Regulations come into operation on 1January 2009.

4Revocation

The Estate Agents (Education) Regulations 2004[1] are revoked.

5Definition

In these Regulations the Act means the Estate Agents Act 1980.

6Prescribed course for estate agent

r. 6

(1)The course of instruction described in Schedule 1 is prescribed for the purposes of section 14(1)(a)(i) of the Act.

(2)For the purposes of Schedule 1, a person is only to be considered to have passed the course if he or she has passed the course either—

(a)within the 5 years immediately preceding the date of his or her application for an estate agent's licence; or

(b)at any time and either—

(i)has held an estate agent's licence within the 10 years immediately preceding the date of his or her application for an estate agent's licence; or

(ii)was employed as an agent's representative for the equivalent of 2years full time within the 10 years immediately preceding the date of his or her application for an estate agent's licence.

7Exemptions from estate agent course

The following people are exempted from the operation of section 14(1)(a)(i) of the Act—

(a)a person who has passed a course of instruction and the relevant examinations described in Schedule 3 within the 5 years immediately preceding the date of his or her application for an estate agent's licence; or

(b)a person who has passed a course of instruction andthe relevant examinations described in Schedule 3 at any time and, within the 10 years immediately preceding the date of his or her application for an estate agent's licence, either—

(i)has held an estate agent's licence; or

(ii)was employed as an agent's representative for the equivalent of 2years full time.

8Prescribed course for agent's representative

r. 8

(1)The course of instruction described in Schedule 2 is prescribed for the purposes of section 16(1)(b) of the Act.

(2)For the purposes of Schedule 2, a person is only to be considered to have passed the course if he or she has passed the course either—

(a)within the 5 years immediately preceding thedate he or she starts work as an agent's representative; or

(b)at any time and either—

(i)has held an estate agent's licence within the 10 years immediately preceding the date he or she starts work as an agent's representative; or

(ii)was employed as an agent's representative within the 10 years immediately preceding the date he or she starts work as an agent's representative.

9Exemptions from agent's representative course

r. 9

The following people are exempted from section 16(1)(b) of the Act—

(a)a person who has passed a course of instruction described in Schedule 1 or a course of instruction and the relevant examinations described in Schedule 3 or 4 atany time during the 5 years immediately preceding the date he or she starts work as anagent's representative; or

(b)a person who has passed a course of instruction described in Schedule 1 or a course of instruction and the relevant examinations described in Schedule 3 or 4 atany time and, within the 10 years immediately preceding the date he or she starts work as an agent's representative, either—

(i)has held an estate agent's licence; or

(ii)was employed as an agent's representative; or

(c)a person who has held an estate agent's licence at any time during the 5 years immediately before the date he or she starts work as an agent's representative; or

(d)a person—

(i)who was a licensed subagent on 31January 1990 and was licensed continuously from that date until 1February 1995; and

(ii)who was employed as an agent's representative at any time during the 10years immediately preceding the date he or she starts work as an agent's representative.

r. 9

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SCHEDULES

SCHEDULE 1

Sch. 1

Regulations 6, 9

The course of instruction required for the award of CPP40307 Certificate IV in Property Services (Real Estate) from the Property Services Training Package, Code CPP07, and comprising the following units of competency—

CPPDSM4001AAct as a buyer's agent

CPPDSM4003AAppraise property

CPPDSM4004AConduct auction

CPPDSM4005AEstablish and build client–agency relationships

CPPDSM4006AEstablish and manage agency trust accounts

CPPDSM4007AIdentify legal and ethical requirements ofproperty management to complete agency work

CPPDSM4008AIdentify legal and ethical requirements ofproperty sales to complete agency work

CPPDSM4009AInterpret legislation to complete agency work

CPPDSM4010ALease property

CPPDSM4011AList property for lease

CPPDSM4012AList property for sale

CPPDSM4013AMarket property for lease

CPPDSM4014AMarket property for sale

CPPDSM4015AMinimise agency and consumer risk

CPPDSM4016AMonitor and manage lease or tenancy agreement

CPPDSM4018APrepare and present property reports

CPPDSM4019APrepare for auction and complete sale

CPPDSM4020APresent at tribunals

CPPDSM4022ASell and finalise the sale of property by private treaty

CPPDSM4049AImplement maintenance plan for managed properties

CPPDSM4056AManage conflict and disputes in the property industry

CPPDSM4080AWork in the real estate industry

BSBSMB406AManage small business finances

Sch. 1

BSBRKG304BMaintain business records

based on Victorian estate agency law, practice and procedure andconducted by the registered education and training organisations approved by the Director under section 10A of the Act.

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SCHEDULE 2

Sch. 2

Regulation 8

The course of instruction required for the award of a Statement of Attainment for the following units of competency from the Property Services Training Package, Code CPP07—

CPPDSM4007AIdentify legal and ethical requirements of property management to complete agency work

CPPDSM4008AIdentify legal and ethical requirements of property sales to complete agency work

CPPDSM4080AWork in the real estate industry

based on Victorian estate agency law, practice andprocedure and conducted by the registered education and training organisations approved by the Director under section 10A of theAct.

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SCHEDULE 3

Sch. 3

Regulations 7, 9

1The course of instruction required for the award of a Certificate IV in Property (Real Estate Agency Practice) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education or its successor in law for each of the following units of competency—

PRDRE11AProvide property appraisal

PRDRE15AUndertake property sale by private treaty

PRDRE16AMonitor sales process

PRDRE18ALease property

PRDRE19AProvide property management services

PRDRE23AMaintain agency/client relationship

PRDRE26AConduct property sale by auction

PRDRE28AMaintain trust account

conducted by the registered education and training organisations approved by the Director under section 10A of the Act.

2The course of instruction and examination required for the award of a Bachelor of Business Property (Agency and Marketing stream) by or under the authority of the Royal Melbourne Institute of Technology and started before 1January 2000.

3The course of instruction required for the award of a Certificate IV in Business (Estate Agency Practice) and including a pass in the written examinations administered by the Office of Training and Further Education's Examinations Branch for each of the following—

Sch. 3

Module ABH504Real Estate Accounting

Module ABH508Real Estate Consumer Protection

Module ABH510Contract Law for Real Estate

Module ABH511Property Law

Module ABH512Residential Tenancies

Module ABH522Contracts for the Sale of Land

Module ABH524Property Appraisal

conducted by or under the authority of any of the following educational institutions or their successors in law—

Barton Institute of TAFE

Bendigo Regional Institute of TAFE

Box Hill Institute of TAFE

Casey Institute of TAFE

Central Gippsland Institute of TAFE

East Gippsland Institute of TAFE

Gordon Institute of TAFE

Goulburn Valley Institute of TAFE

Holmesglen Institute of TAFE

Kangan Institute of TAFE

Northern Melbourne Institute of TAFE

Outer Eastern College of TAFE

Peninsula Institute of TAFE

Royal Melbourne Institute of Technology

South West Institute of TAFE

Sunraysia Institute of TAFE

SwinburneUniversity of Technology

The School of Mines and Industries Ballarat Limited

VictoriaUniversity of Technology

WangarattaCollege of TAFE

Western Melbourne Institute of TAFE

Wimmera Institute of TAFE

Wodonga Institute of TAFE

Sch. 3

4The courses of instruction and examination required for the award of—

an Advanced Certificate in Estate Agency; or

an Advanced Certificate in Real Estate; or

a Certificate of Business Studies (Real Estate); or

the Estate Agency Certificate

conducted by or under the authority of any of the educational institutions listed in clause 3 or their predecessors or successors in law.

5The following 16 units, or equivalent units, of the Certificate of Business Studies (Real Estate) started before1 January 1987—

Accounting 1

Accounting 2

Accounting for Real Estate A

Accounting for Real Estate B

Real Estate Valuations A

Real Estate Valuations B

Introduction to Law 1A

Introduction to Law 1B

Real Estate Law A

Real Estate Law B

RealEstateBuilding Techniques A

RealEstateBuilding Techniques B

Real Estate Practice A

Real Estate Practice B

Middle Level English 1A

Sch. 3

Middle Level English 1B

conducted by or under the authority of the educational institutions listed in clause 3 or their predecessors or successors in law.

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SCHEDULE 4

Sch. 4

Regulation 9

1The course of instruction and examinations required for theaward of a Statement of Attainment for the Course in Property (Agents' Representatives) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education or its successor in law for each of the following units of competency—

VBN723Work effectively in the real estate industry

VBN724Address legal and ethical requirements of property sales

VBN725Address legal and ethical requirements of property management

conducted by the registered education and training organisations approved by the Director under section 10A of the Act.

2The course of instruction and examination required for the award of a Statement of Attainment for the—

Course in Real Estate for Agents' Representatives

Course in Sub agency Practice

conducted by or under the authority of any of the educational institutions listed in clause 3 of Schedule 3 ortheir predecessors or successors in law.

3The following 6 modules of the Certificate in Real Estate Operations—

Module 101Real Estate Industry Overview

Module 211Introduction to Property Management

Module 221Introduction to Property Sales Consulting

Module 311Tenancy Documentation

Module 321Sales Documentation

Module 322Sales Transactions

conducted by or under the authority of any of the educational institutions listed in clause 3 of Schedule 3 or their predecessors or successors in law or conducted by the Real Estate Institute of Victoria Limited.

Sch. 4

4The course of instruction and examination required for the award of a Sub-Agents PreliminaryEducation Course Certificate conducted by or under the authority of any of the educational institutions listed in clause3 of Schedule 3 or their predecessors or successors in law.

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ENDNOTES

1.General Information

The Estate Agents (Education) Regulations 2008, S.R.No.128/2008 were made on 28October 2008 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section99 of theEstate Agents Act 1980, No.9428/1980 and came into operation on 1January 2009: regulation 3.

The Estate Agents (Education) Regulations 2008 will sunset 10 years after the day of making on 28October 2018 (see section5 of the Subordinate Legislation Act 1994).

Endnotes

2.Table of Amendments

There are no amendments made to the Estate Agents (Education) Regulations 2008 by statutory rules, subordinate instruments and Acts.

Endnotes

3.Explanatory Details

Endnotes

[1]Reg. 4: S.R. No. 3/2004.