❓ A WA parliamentary question seeks details on the 2003 review of the Real Estate and Business Agents Act 1978, including recommendations, actions taken, and stakeholder consultation. The parliamentary secretary provides a partial response, deferring some aspects to the Minister for Consumer Protection.
AnsweredQoN 517Legislative Council
QuestionView source ↗
REAL ESTATE AND BUSINESS AGENTS ACT 1978 — STATUTORY REVIEW
I refer to the July 2005 report to the National Competition Council titled “Implementing National Competition Policy and Related Reforms in Western Australia”. (1) In respect of the February 2003 review of the Real Estate and Business Agents Act 1978 and relevant regulations, will the minister table the 31 recommendations; and, if not, why not? (2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST
I refer to the July 2005 report to the National Competition Council titled “Implementing National Competition Policy and Related Reforms in Western Australia”. (1) In respect of the February 2003 review of the Real Estate and Business Agents Act 1978 and relevant regulations, will the minister table the 31 recommendations; and, if not, why not? (2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST
AnswerView source ↗
I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(1) In respect of the February 2003 review of the Real Estate and Business Agents Act 1978 and relevant regulations, will the minister table the 31 recommendations; and, if not, why not? (2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(1) In respect of the February 2003 review of the Real Estate and Business Agents Act 1978 and relevant regulations, will the minister table the 31 recommendations; and, if not, why not? (2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(2) Which of the 31 recommendations suggest that the status quo be retained? (3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(3) What specific action has been taken in respect of the balance of the recommendations and which interested parties have been consulted in respect of these recommendations? Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
Hon KATE DOUST replied: I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
I thank the honourable member for some notice of this question. The response I have been provided is as follows. (1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(1) The national competition policy reviews are publicly released at the discretion of the portfolio minister, in this case the Minister for Consumer Protection. (2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
(2) The NCP review of the Real Estate and Business Agents Act 1978 and regulations recommended the amendment of the following restrictions on competition: failure of the board to recognise qualifications other than those that are prescribed; the subjective nature of the criteria for persons to be deemed to have sufficient material and financial resources; licensing requirement for partnership and bodies corporate; restriction on account-keeping requirements; restriction on who may audit trust accounts; and the requirement for approval by the board for franchise agreements. All other restrictions on competition were found to be in the public interest and were recommended to be retained. These included licensing of agents; the requirement that agents hold prescribed qualifications; registering of sales representatives; licence and registration renewals; branch office management and supervision; employment of sales representatives by one employer only; and requirements to display information. (3) Consultation with interested parties occurred as part of the NCP review: a discussion paper was released in April 1999 providing an overview of issues to be considered and inviting public comment; the external consultants who contributed independent economic analysis to the review also chaired two focus group meetings to obtain further stakeholder input in relation to key issues raised in submissions; and drafting instructions for the bill are yet to be finalised. As this action sits with the Minister for Consumer Protection, it is recommended that any further questions be directed to that minister.
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