FAQ - Property | ACOP

Frequently Asked Questions

Property

To gain authority to work in the property industry anywhere in Australia, you are required to undertake some entry-level training. This training is only a small part of a full qualification. Each State and Territory are a little different in their requirements, and it is important that you complete the course that is relevant to the State or Territory where you are wanting to work – this means that you will learn the relevant legislation that is required to do the job.

Each State or Territory in Australia has a government regulatory body that manages the issue, renewal and monitoring process of authorities to work in the property industry. Once you have completed your required training program, you will need to make an application to the relevant government body in your State or Territory to receive approval to work in the property industry.

When you complete your training with ACOP, we will provide you with the details to make an application for the government body relevant to the State/Territory where you are wanting to work

Entry-Level Training Offered by ACOP

New South Wales Assistant Agents – Certificate of Registration (Real Estate/ Stock and Station)
New South Wales Assistant Agents – Certificate of Registration (Strata Management)
Victoria Agents Representative
Queensland Certificate of Registration

Once you have completed your training program for your entry level course, you need to make application to the relevant regulatory body in your State/Territory. As part of this application, you will need to upload copies of your Statement of Attainment and Certificate of Completion – so it is a good idea to have these scanned and saved in your computer prior to commencing your application process.

Most States and Territories have an online application process. Go to the website for the relevant regulatory body and search for the property application forms.

The regulatory bodies for each State/Territory are:

New South Wales NSW Fair Trading
Victoria Consumer Affairs Victoria
Australian Capital Territory ACT Office of Fair Trading
Queensland Office of Fair Trading Queensland
South Australia Government of South Australia – Fair Trading
Tasmania Consumer Affairs and Fair Trading
Northern Territory Northern Territory Consumer Affairs
Western Australia Department of Mines, Industry Regulation and Safety

Unless you are planning to operate your own property office, or work as an independent contractor, there is mostly no requirement for you to hold a full licence. This means that you can hold a Certificate of Registration/Agents Authority and work under the supervision of a fully licensed agent.

Naturally, from a knowledge and skill perspective, there is most definitely a benefit to completing the additional training and making an application for a full licence in your respective State or Territory.

This requirement is different in NSW. As of 23rd March 2020, the legislation was amended and it is now a requirement that all agents are ultimately licensed. The requirement is that all persons who hold a Certificate of Registration will be required to undertake additional education and gain a full property licence within four years of commencing work in the industry. This is significant and proactive action by NSW Fair Trading to improve the professionalism and knowledge-base of the industry.

To work in the property industry, you require either a Certificate or Registration (entry level requirement) or a full licence. If you hold a Certificate of Registration, you are required to work under the supervision of a fully licensed agent. If you hold a full licence, you can choose to work independently, operate your own business or work for another licensed agent.

There are various ways of being employed in the property industry. You should refer to the Commonwealth Real Estate Industry Award 2015, which took effect within the industry throughout Australia on 2nd April 2018.

For information about being employed under the Award, refer to the Real Estate Employers Federation on www.reef.org.au

Different States and Territories have different categories of licence.

New South Wales

Class 1 and Class 2 Real Estate

  • Real Estate Agent – Unrestricted
  • Real Estate Agent – Sales and Leasing
  • Real Estate Agent – Business Broking
  • Real Estate Agent – On-Site Residential Property Management

Class 1 and Class 2 Dual Real Estate and Stock & Station Agent

Class 1 and Class 2 Strata Managing Agent

Class 1 and Class 2 Stock & Station Agent

Victoria Estate Agent
Australian Capital Territory

Real Estate Agent

Stock and Station Agent

Business Agent

Conditional Agent (Auctioneer)

Queensland

Real Estate Agent

Auctioneer (Real Property)

Resident Letting Agent

Limited Real Estate Agent (Business letting)

Limited Real Estate Agent (Affordable Housing)

South Australia Land Agent
Tasmania

Real Estate Agents

Property Managers

General Auctioneers

Western Australia Real Estate and Business Agent
Northern Territory

Real Estate Agent

Business Agent

This process of transferring your Licence or Certificate from one State/Territory to another, or gaining an additional Licence/Certificate in another State/Territory, is referred to as “mutual recognition”. Under the Commonwealth Trans-tasman Mutual Recognition Act 1997, most States and Territories will mutually recognise a regulatory licence/certificate from one State/Territory to another. Each State/Territory has its own requirements and criteria for this process.

The regulatory body in each State / Territory (listed above) has specific details about their mutual recognition requirements. We recommend that you contact the regulatory body for the State/ Territory which you intend to mutually recognise too.

In NSW and the Australian Capital Territory (ACT), it is a mandatory requirement that all agents (holding either a Certificate of Registration or a licence) complete Continuing Professional Development (CPD) every year.

In other States and Territories, the CPD requirement is not mandatory, but there are discussions in most States for this to change in the next few years.

New South Wales

All individuals who hold a class 1 licence, class 2 licence or a certificate of registration must complete the CPD specified for their licence or certificate category each year.

Failure to comply with your CPD requirements may result in the suspension or cancellation of your licence or certificate.

The CPD year for all licence and certificate holders starts on 23 March each year and ends on 22 March the following year.

Depending on what class a licence you hold, will reflect what type of CPD Training you are required to undertake:

Class 1 (Licensee-in-Charge)

  • 3 hours of Mandatory CPD with compulsory topics as set by NSW Fair Trading
  • 3 hours of Elective CPD with topics from a broad range of best practice issues
  • 3 hours of Elective CPD with business-related topics (will commence in March 2021)

Class 2 Licence Holders (almost the same as Class 1 licence holders)

  • 3 hours of Mandatory CPD with compulsory topics as set by NSW Fair Trading
  • 3 hours of Elective CPD with topics from a broad range of best practice issues

Class 3 – Certificate of Registration (Assistant Agents)

  • Complete 3 Units of Competency from the relevant Certificate IV licensing qualification:
    • For Real Estate and Stock & Station Licence requirements:   CPP41419 – Certificate IV in Real Estate Practice
    • For Strata Management Licence requirements:  CPP40516 – Certificate IV in Strata Community Management

Please also refer to our CPD information page for further information

Australian Capital Territory

Under the Agents (Continuing Professional Development) Guideline 2008 (No 1), agents are required to complete 12 points of continuing professional development in the 12 month period prior to the renewal for the licence for each year.   Training may be based on, but is not limited to, national Units of Competency from the CPP07 Property Services Training Package.

Licence holders are required to obtain their CPD points between 1 July and 30 June each year, and submit a record of their completion to ACT Office of Fair Trading by 30 June each calendar year.

Certificate of Registration holders are required to obtain their CPD points between 1 November and 31 October each year, and submit a record of their completion to ACT Office of Fair Trading by 31 October each calendar year.

There are three categories of learning in relation to which points may be obtained for continuing professional development.   A person must obtain learning in any combination of at least two of the categories set out below, of which one must be category 3.

Category 1

This involves undertaking self-paced activity with a stated learning outcome. In relation to category 1:

  • points for continuing professional development shall be calculated at the rate of half a point per hour of activity;
  • a maximum of two points can be obtained from category 1 each 12 month period; and
  • only the hours of the actual presentations may be counted for seminars or conferences.

Category 2

This involves undertaking an activity with a stated learning outcome without assessment. In relation to category 2:

  • points for continuing professional development shall be calculated at the rate of one point per hour of the activity;
  • the continuing professional development may only be considered category 2 where the person delivering the training is competent to deliver the training.

Category 3

This involves undertaking an activity with a stated learning outcome with assessment. This should be one or more units of competency which contribute to a recognised qualification or learning pathway relevant to the property industry. In relation to category 3:

  • points for continuing professional development shall be calculated at the rate of eight points per unit of competency;
  • the continuing professional development may only be considered category 3 where the person delivering the training is competent to deliver the training.

In most States and Territories throughout Australia, you will be advised by the regulator approximately 4 to 5 weeks prior to your renewal date, that you are due for renewal. You will need to go to the online portal provided and renew your licence – this usually involves answering some questions, making a declaration that you have answered the questions truthfully, and pay your renewal fee.

If you do not receive a notification from your regulatory body, it is YOUR responsibility to contact them and organise for the renewal process to be undertaken.

You should use a calendar reminder to ensure that you do not forget to renew your licence or certificate, as without a current authority, you are acting in breach of the legislation in your specific State or Territory.

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