Estate agents permission application
Estate Agents Act 1980
Important notice:
· Enter text in spaces provided only. The Business Licensing Authority (BLA) will not accept your form, nor consider it lodged, if you remove or change any questions or other text.
· Mark relevant fields with an ‘X’.
· If completing this form by hand, please complete details in block letters, using a black or blue pen.
· If you need additional space to answer the questions in this form, you can attach a separate page referencing your answer to the question number or photocopy the page as needed.
Before starting your application
The Estate Agents Act 1980 provides that in certain circumstances, individuals, companies and agents representatives must apply for permission to start working or to continue working in their estate agency roles.
Individuals and agent’s representatives
Circumstance / Individuals / Agent’s representativeApply to start / Apply to continue / Apply to start / Apply to continue
Claim admitted against you from the Victoria Property Fund / Yes / Yes / Yes / Yes
You have, within the last 10 years, been convicted or found guilty of any disqualifying criminal offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for three months or more (whether or not a sentence of imprisonment was imposed) / Yes / Yes / Yes / Yes
You are insolvent under administration / Yes / No / Yes / Yes
Individuals already licensed as an estate agent
· If you do not apply for permission within 30 days of the event, your licence is automatically cancelled.
· If you lodge a permission application within 30 days of the event, you can continue to act as an estate agent until the BLA has made its decision.
· If you become insolvent under administration, your licence will be automatically cancelled. If you become insolvent, you can apply for permission and re-apply to be licensed as an estate agent but if you are granted permission, you can only work as an employee of an estate agency business during your insolvency
Agent’s representatives already working
· If you do not apply for permission within 30 days of the event, you automatically become ineligible to continue to be employed as an agent’s representative.
· If you lodge a permission application within 30 days of the event, you can continue to act as an agent’s representative until the BLA has made its decision.
Companies
Circumstance / Apply to start / Apply to continueThe company or one of its directors has a claim allowed against the Victorian Property Fund or against a corresponding fund / Yes / Yes
The company has been found guilty of or convicted of any disqualifying criminal offence involving fraud, dishonesty, drug trafficking or violence which, if it was a natural person, would be punishable by imprisonment for three months or more / Yes / Yes
One of its directors has been found guilty of or convicted of any disqualifying criminal offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for three months or more, but is still eligible to be a director of the company under the Corporations Act despite the conviction or finding of guilt / Yes / Yes
Spent Convictions Schemes
“Spent Convictions Schemes” apply to convictions or findings of guilt for offences under Commonwealth laws, and the laws of some States and Territories. Generally, a “spent conviction” under these schemes is a conviction or finding or guilt for a Commonwealth, Territory, State or foreign offence where it is 10 years or more since the date of that conviction or finding of guilt (or five years for juvenile offenders) and the offender was not sentenced to imprisonment for more than 30 months (or six months in some States) and has not re-offended during that period.
Under these schemes a person with a “spent conviction” is not required to disclose that conviction or finding of guilt to any authority within the jurisdiction to which the scheme applies, and those authorities are prohibited from disclosing information about a “spent conviction” without the consent of the person concerned. You should note that there is no “spent conviction” legislation in force in the State of Victoria. Accordingly “spent conviction” information may be disclosed in relation to a conviction for an offence under Victorian law. For further information about Spent Conviction Schemes, contact the police services in the relevant jurisdiction directly.
More information about permission applications
· Visit the Estate agents section of the Consumer Affairs Victoria website (consumer.vic.gov.au/estateagents).
· Call the Business Licensing Authority on 1300 13 54 52.
· Refer to the Estate Agents Act 1980, sections 14, 16, 22 31A, 31B, 31C, 31CA & 31D.
· Seek your own independent legal advice.
Privacy
For privacy information, please refer to the Information and privacy - Business Licensing Authority page on the Consumer Affairs Victoria website (consumer.vic.gov.au/blaprivacy).
After you lodge your application
· If the form is completed correctly, processing time is on average 4 to 6 weeks. You may be required to provide further information.
· If any change occurs in the information you have provided in this application, you must notify the Business Licensing Authority in writing immediately.
· You will be notified of the decision in writing.
· If your application is not successful, you can appeal the decision by applying to the Victorian Civil and Administrative Tribunal (VCAT) within 28 days of the decision.
Register of estate agents
In accordance with section 33 of the Estate Agents Act 1980, the BLA must maintain a register of estate agents. A summary version of the register is available for viewing online by the general public and the real estate industry. For the complete listing of the type of information recorded in the register and access to the estate agents public register online, visit the Estate agents section of the Consumer Aconsumer.vic.gov.auffairs Victoria website (consumer.vic.gov.au/estateagents).
Please note that the information recorded on the estate agent register includes details of permission determinations under section 31A, 31B or 31C of the Estate Agents Act 1980.
Accordingly, the outcome of the BLA's decision in relation to this application will appear on the estate agent's public register. This information is available online for viewing by the general public and the estate agency industry. For more information, visit the Estate agents section of the Consumer Affairs Victoria website (consumer.vic.gov.au/estateagents).
The fact that you made an application under section 31A 31B or 31C of the Estate Agents Act 1980 will be noted as well its grant or refusal.
If your permission is refused, section 32 of the Act enables you to apply VCAT for review of the BLA’s decision within 28 days from the date of the BLA’s decision. Please note that in the event of a review before VCAT the public register will still reflect the BLA's decision pending the outcome of the review by VCAT. If VCAT sets aside the decision of the BLA the register will reflect the VCAT determination.
Application
1. Who is seeking permission?Mark only one option with an ‘X’.
A licensed estate agent seeking to prevent licence cancellation – go to question 2
An individual person seeking to be granted a licence – go to question 2
An agent’s representative seeking permission to continue to be employed – go to question 2
A person seeking permission to be employed as an agent’s representative – go to question 2
A director of a licensed company – go to question 2
A director of a company seeking a licence – go to question 2
A licensed company seeking to prevent licence cancellation – go to question 6
A company seeking permission to be granted a licence – go to question 6
2. Applicant details
Family name
Given names
Date of birth
dd/mm/yyyy
Full residential address
Including postcode. PO Boxes cannot be accepted.
Full postal address
If different from residential address.
Daytime telephone number
Mobiles OK. For landlines, include area code.
3. Do you currently hold or have you ever held an estate agent’s licence in Australia or elsewhere? / Yes – provide details of all licences held, starting with the most recent.
If more than 4 licences, attach a separate sheet.
/ No – go to question 4
Licence number / Date licence held from
dd/mm/yyyy / Dates licence held to
dd/mm/yyyy / Where held
VIC, NSW, NZ, etc.
4. Employment history
Give details of your previous estate agent employers starting with the most recent. Include any periods spent as an agent’s representative. If more than five employers, attach a separate sheet.
Name of employer / Role / Date employed from
dd/mm/yyyy / Date employed to
dd/mm/yyyy
5. Are you currently insolvent under administration? This means:
· you are an undischarged bankrupt, or
· you have executed a deed of arrangement under Part X of the Bankruptcy Act 1966, or
· your creditors have accepted a composition under Part X of the Bankruptcy Act 1966, or
· you have made a debt agreement under Part IX of the Bankruptcy Act 1966. / Yes / No – go to question 9
Date you became insolvent
dd/mm/yyyy
Type of insolvency
Mark only one option with an ‘X’.
You are bankrupt in respect of bankruptcy from which you have not been discharged
You have executed a deed of arrangement under Part X of the Bankruptcy Act 1966
Your creditors have accepted a composition under Part X of the Bankruptcy Act 1966
You have made a debt agreement under Part IX of the Bankruptcy Act 1966
You have executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966
Name of person or organisation acting as your trustee or administrator for the insolvency
Full address of trustee/administrator
Including postcode. PO Boxes cannot be accepted.
Full name of contact person
Daytime telephone number
Mobiles OK. For landlines, include area code.
List your major creditors, the nature of the debt, and how much money is owed
E.g. Smith & Smith Accounting – Account expenses – $5,349. If more than five major creditors, attach a separate sheet.
Name of creditor / Nature of debt / Amount owing
Describe the events that led to your insolvency
6. Company details
Name of company
Australian Company Number (CAN)
Registered address
Including postcode. PO Boxes cannot be accepted.
Telephone number
Mobiles OK. For landlines, include area code.
Date of incorporation
dd/mm/yyyy
Place of incorporation
e.g. VIC, NSW, etc.
7. Is the company currently licensed as an estate agent? / Yes / No – go to question 8
Licence number
Trading name
Principal office address
Including postcode. PO Boxes cannot be accepted.
8. List the full names of all the company’s directors
Company director 1
Company director 2
Company director 3
Company director 4
Company director 5
9. Have you or the company been found guilty of any offence involving fraud, dishonesty, violence or drug trafficking, punishable by imprisonment for three months or more (whether or not any penalty of imprisonment was imposed) within the last 10 years in Australia or elsewhere?
Note: a conviction or finding of guilt for an offence in a jurisdiction outside of Victoria may be subject to a Spent Convictions Scheme. / Yes – provide full details of the offence
If you need to provide details of more than one offence, photocopy this page as needed and attach the extra pages to this form. / No – go to question 10
Type of offence
Date found guilty
dd/mm/yyyy
State in which the offence occurred
e.g. VIC, NSW, etc.
Court where case was heard
Penalty imposed
Provide a description of the offence and the events that led up to you committing the offence. If you do not provide a full description here, your application will be delayed. Tell us everything that happened and why it happened.
10. Have you or the company had a claim admitted against the Victorian Property Fund? / Yes – provide full details of the claim
If you need to provide details of more than one offence, photocopy this page as needed and attach the extra pages to this form. / No – go to question 14
Date claim admitted
dd/mm/yyyy
Amount of claim
Name of person(s) who made the claim against you
Describe what the claim was about
11. To grant permission for applications based on claims admitted against the Victorian Property Fund, the BLA must be satisfied that you have repaid all claim amounts paid out by the Fund / Yes – total amount paid / No – go to question 14
Total amount repaid
Date repaid
dd/mm/yyyy
12. To grant permission for applications based on claims admitted against the Victorian Property Fund, the BLA must be satisfied that there were exceptional circumstances which gave rise to the claim being admitted against you or the company. Provide details of the exceptional circumstances that led up to the claim being admitted
13. To grant permission for applications based on claims admitted against the Victorian Property Fund, the BLA must be satisfied that you or the company will comply with the Estate Agents Act and Regulations in the future. Addressing your conduct both before and after the claim, give reasons why the Business Licensing Authority should be satisfied that you or the company will comply with the Estate Agents Act and Regulations in the future.
14. Have you or the company ever been found guilty of any offence (other than those referred to in question 5) against legislation regulating estate agents or agent’s representatives in Victoria or elsewhere in Australia? / Yes – provide full details of the offence
If you need to provide details of more than one offence, photocopy this page as needed and attach the extra pages to this form. / No – go to question 15
Type of offence
Date found guilty
dd/mm/yyyy
State in which the offence occurred
e.g. VIC, NSW, etc.
Court where case was heard
Penalty imposed
Provide a description of the offence and the events that led up to you committing the offence. If you do not provide a full description here, your application will be delayed. Tell us everything that happened and why it happened.
15. Have you or the company ever had any disciplinary action taken against you as a licensed estate agent, agent’s representative or equivalent occupations in Victoria or elsewhere in Australia? / Yes – provide full details of the offence
If you need to provide details of more than one offence, photocopy this page as needed and attach the extra pages to this form. / No – go to question 16
Date of disciplinary action
dd/mm/yyyy
State
e.g. VIC, NSW, etc.
Why was the disciplinary action taken against you?
Outcome of proceedings
16. To grant permission for all applications, the Business Licensing Authority must be satisfied that it is not contrary to the public interest to do so. Give reasons why you think it would not be contrary to public interest to grant you permission.
Declaration, acknowledgement, and consent
I declare that the information I have provided in this application is true and correct and I acknowledge that it is an offence under section 93 of the Estate Agents Act 1980 to knowingly make an incorrect statement or omit any information in relation to a permission application.