Are You Eligible to Hold a Real Estate Licence in Victoria?

In Victoria, holding a real estate licence or working as an agent’s representative comes with strict compliance obligations. Many professionals assume that once they obtain their licence, they are set for life. However, certain legal, financial, or regulatory issues can make you ineligible to continue working in the real estate industry.

Whether you are a licensed estate agent or an agent’s representative, it is crucial to understand what may disqualify you from continuing to hold your licence and what steps you may need to take to remain compliant.

What Can Disqualify You from Holding a Licence?

A person may be disqualified from holding a real estate licence or working as an agent’s representative if they have been convicted or found guilty of a disqualifying offence in the last 10 years, including:

• • • Committed fraud or dishonesty-related offences
    • Been convicted of drug trafficking
    • Been involved in crimes of violence

which are punishable by 3 months or more in gaol.

Understanding “Punishable by 3 Months or More in Gaol”

It is important to note that “punishable by 3 months or more in gaol” does not necessarily mean that the individual has served a prison sentence. Even if the sentence was suspended, the conviction may still impact eligibility.

For example, if a person breaches an intervention order and is sentenced to a good behaviour bond with mandatory counselling, this may still be considered a disqualifying offence if the original penalty carried a maximum sentence of 3 months or more in gaol.

How Do Spent Convictions Impact Your Licence?

Some convictions become “spent” after a period of time, meaning they no longer need to be disclosed. However, the Business Licensing Authority (BLA) may still consider spent convictions when assessing a person’s eligibility to hold a real estate licence.

For example, if an individual was convicted of a minor fraud offence 12 years ago, did not serve time in gaol, and has not reoffended, that conviction may now be classified as spent. However, the BLA may still take it into account when determining their eligibility to continue working in the real estate industry.

Other Factors That May Make You Ineligible

A disqualifying offence is not the only factor that may prevent someone from working as a licensed estate agent or agent’s representative. Other factors include:

• • • Being bankrupt or insolvent under administration
    • Having a previous real estate licence cancelled
    • Failing to comply with licensing conditions
    • Having a claim admitted against you from the Victorian Property Fund

These factors may also result in ineligibility or require a person to apply for permission to continue operating in real estate.

What to Do If You Are Affected

If any of the above factors apply to you, you may need to apply for permission from the Business Licensing Authority (BLA) to continue working in real estate. This process is not automatic, and failing to comply with licensing regulations may result in losing your ability to operate in the industry.

How We Can Help

Navigating licensing eligibility and disqualification rules can be complex. If you are unsure whether you meet the requirements or need to apply for permission to continue working in real estate, we can assist you in understanding your obligations and taking the right steps to protect your career.

For expert guidance on real estate licensing and compliance in Victoria, contact us today.

 

Understanding the New Privacy Law Changes in Real Estate

Privacy compliance is no longer just a best practice—it’s now a critical legal requirement for real estate agencies. With new privacy law changes now in effect, agencies must act swiftly to ensure their operations align with the latest legal obligations.

From hefty penalties to greater transparency around AI and data handling, these updates mean real estate businesses must step up their privacy game. Here’s what you need to know and how to ensure your agency stays compliant.

Higher Penalties – Up to $660,000 for Privacy Breaches

Privacy breaches now come with serious financial consequences. The updated laws introduce significantly higher fines, with maximum penalties reaching $660,000 for non-compliance.

What does this mean for real estate agencies?

• Failure to secure personal information (tenant, buyer, or vendor data) could lead to fines.
• Lack of transparency in data handling could result in enforcement actions.
• Inadequate cybersecurity could expose the agency to both legal and financial risk.

If your agency hasn’t reviewed and updated its privacy policies and data security measures, now is the time.

Individuals Can Now Take Legal Action Over Privacy Violations

For the first time, from 10 June 2025 individuals in Australia now have a statutory right to sue if their privacy is seriously invaded.

This means:

• Tenants can take legal action if their personal data is misused.
• Vendors can challenge the way their information is handled.
• Employees can file claims over workplace privacy breaches.

Agencies must have clear privacy policies and procedures in place to mitigate this risk. Any failure to protect personal data could now result in lawsuits and significant legal costs.

AI & Automation – New Transparency Rules

Many real estate agencies rely on AI-driven tools to assist in decision-making, from tenant application approvals to lead generation and prospecting.

Under the new regulations, agencies must clearly disclose:

• What personal data is used in automated decision-making (ADM).
• Which decisions are made entirely by AI, such as auto-approving tenancy applications.
• Which decisions AI influences, even if a human is involved, such as AI-driven property prospecting tools or resume screening for hiring.

This means agencies can no longer use AI behind the scenes without informing clients. If AI tools are part of the business model, they must be explicitly disclosed in the privacy policy which must be in full effect before 10 December 2026.

Offshore Data Sharing – New Compliance Rules

If your agency outsources work to offshore virtual assistants, uses cloud-based software, or stores client data overseas, you must comply with new rules regarding cross-border data flow.

Here’s what has changed:

• If the receiving country has privacy laws similar to Australia’s, compliance obligations may be reduced.
• If the receiving country does not meet Australian privacy standards, the agency remains fully responsible for protecting the data.

Agencies must conduct due diligence to ensure offshore providers comply with Australian privacy laws—or risk exposure to regulatory penalties and legal claims.

Stronger Data Security Requirements

The updated privacy laws clarify that agencies must take “reasonable steps” to protect personal information.

This includes:

• Cybersecurity measures such as strong encryption, firewalls, and multi-factor authentication.
• Organisational security, including assigning clear roles for privacy compliance and governance.
• Employee training to ensure all staff understand their obligations around data protection.
• Regular audits to review how personal data is collected, stored, and accessed.

Data security is now a core legal responsibility. Agencies must have a structured approach to privacy management or risk major compliance failures.

What Your Agency Needs to Do Right Now

• Review & update your privacy policy – Make sure it aligns with the new rules.
• Assess AI & automation tools – Clearly disclose how they influence decisions.
• Check offshore service providers – Ensure they meet Australian privacy standards.
• Educate your team – Make privacy compliance a company-wide responsibility.
• Conduct a privacy audit – Identify gaps and risks before they become costly mistakes.

Need expert guidance? Apex HR can help your agency navigate these privacy changes.

Get in touch today to ensure your business stays compliant, protected, and ahead of the curve.

Contact Apex HR today for a privacy compliance assessment tailored to your agency.

 

 

5 Common Compliance Pitfalls in Real Estate Operations and How to Avoid Them

In Victoria’s fast-paced real estate market, compliance is more than just a legal requirement—it’s the backbone of a reputable and successful business. Yet, many real estate agencies find themselves entangled in regulatory issues that could have been easily avoided. Whether it’s a Consumer Affairs Victoria audit, a hefty fine, or reputational damage, non-compliance can have significant consequences.

To help agencies navigate the landscape, here are five common compliance pitfalls and practical steps to stay ahead of the curve.

1. Advertising Non-Compliance

One of the most common compliance breaches in real estate stems from advertising. Misleading property descriptions, price misrepresentation, and incomplete disclosures can all land agencies in hot water.

How to Avoid It:

• • •  Ensure all advertising aligns with the price quoting laws in the Estate Agents Act 1980.
    • Be transparent with pricing and avoid misleading terms like ‘Offers From’ where it’s not permitted.
    • Train staff regularly on advertising guidelines to prevent accidental breaches.

2. Mishandling Trust Accounts

Mismanagement of trust accounts can be a serious offence, leading to investigations, penalties, and in extreme cases, license suspension. Common issues include failing to reconcile accounts monthly, misappropriating funds, and not keeping proper records.

How to Avoid It:

• • • Conduct regular internal audits and ensure monthly reconciliations are completed on time. Aim for daily or weekly reconciliations to identify and address any errors sooner.
    • Implement robust record-keeping practices and have a dedicated trust account administrator.
    • Implement a mandatory dual authorisation process for any trust account disbursements.
    • Stay updated on trust account regulations and conduct compliance training for all staff handling these transactions.

3. Breaching Privacy Laws

Real estate agencies handle sensitive personal information daily, from client contact details to financial documents. Any misuse, unauthorised sharing, or data breaches can lead to serious consequences under the Privacy Act 1988.

How to Avoid It:

• • • Store all client data securely and limit access to authorised personnel only.
    • Obtain clear consent before sharing or using client data for marketing or other purposes.
    • Educate staff on privacy laws and ensure compliance with data security best practices.

4. Failing to Provide Proper Disclosure

Transparency is key in real estate transactions. Whether it’s failing to disclose material facts about a property, conflicts of interest, or hidden commission entitlements, non-disclosure can lead to legal repercussions and loss of client trust.

How to Avoid It:

• • • Ensure full disclosure of all material facts, including known property defects, zoning restrictions, or previous disputes.
    • Clearly outline commission entitlements and potential conflicts of interest in writing.
    • Train agents to proactively communicate all relevant information to clients.

5. Inadequate Staff Training & Compliance Culture

Compliance is not just the responsibility of one person or department—it should be embedded into the company culture. A lack of training often results in unintentional breaches, with employees unaware of their legal obligations.

How to Avoid It:

• • • Provide ongoing compliance training for all staff, from property managers to sales agents.
    • Develop internal compliance checklists and conduct regular team reviews.
    • Appoint a compliance officer or engage external consultants to keep the agency up to date with regulatory changes.

Final Thoughts

Prevention is always better than cure. A proactive approach to compliance not only safeguards agencies from financial penalties but also enhances their reputation and client trust. With regulations constantly evolving, staying informed and implementing best practices is crucial for long-term success.
By addressing these common pitfalls and embedding compliance into everyday operations, agencies can mitigate risk and operate with confidence.

Want to ensure your agency remains compliant? Reach out to discuss tailored training and compliance solutions!

4 Key AML/CTF Obligations

As a real estate professional in Australia, it is critical to prepare for the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations, which will apply to the industry starting 1 July 2026. These measures aim to safeguard real estate businesses from being exploited for money laundering or terrorism financing activities.

AUSTRAC will provide guidance and educational resources to help the real estate sector implement these AML/CTF requirements, including insights on:

• • The scope of new regulated services.
  • Core obligations and practical implementation strategies.

Here is a summary of the key obligations for real estate agents:

1 – Enrol and Register with AUSTRAC

• • • Enrolment: Businesses offering regulated services under the AML/CTF laws must enrol with AUSTRAC within 28 days of commencing such services. For real estate professionals, this means enrolling by 29 July 2026.
    • Process: Enrolment requires providing information about your business, including its structure, services, key personnel, and contact details. Regular updates must be submitted to AUSTRAC when details change.

2 – Develop and Maintain a Tailored AML/CTF Program

• • • AML/CTF Program: Create a written plan that identifies, mitigates, and manages money laundering and terrorism financing risks specific to your business activities.
    • Support: AUSTRAC will issue further guidance and provide starter kits for small businesses by mid-2025 to assist in creating these programs.

3 – Conduct Customer Due Diligence (CDD)

• • • Initial CDD: Verify the identity of your customers before providing designated services. This includes understanding the purpose of the business relationship and identifying beneficial owners.
    • Ongoing CDD: Continuously monitor customer relationships to ensure transactions align with their risk profile. Apply enhanced due diligence measures for high-risk customers or transactions.

4 – Report Transactions and Suspicious Activities

• • • Threshold Transaction Reports (TTRs): Report any cash transactions of $10,000 or more (or the equivalent in foreign currency) to AUSTRAC.
    • Suspicious Matter Reports (SMRs): Submit reports for any activities or transactions that appear suspicious or may relate to money laundering, terrorism financing, or other unlawful behaviour, regardless of the amount.

By proactively preparing for these obligations, real estate professionals can ensure compliance while protecting their businesses from financial crime risks.

For further information on preparing your business for AML/CTF compliance, please don’t hesitate to contact Apex HR. Our team is here to guide you through the process and ensure your business is fully equipped to meet these new obligations

Recent updates to Australia’s workplace legislation have introduced stricter measures to combat wage theft. These laws aim to ensure workers are fairly compensated and to hold employers accountable for non-compliance. Real estate offices, like all businesses, need to be proactive in aligning their practices with these changes to avoid severe penalties. Here’s a summary of what the new laws entail and how your office can prepare.

Key Features of the New Wage Theft Laws

1.  Definition of Wage Theft: Wage theft includes underpaying wages, failing to pay for overtime, not providing entitlements such as leave or superannuation, and falsifying records to conceal underpayments.
2. Criminal Penalties: The new laws impose significant penalties, including criminal charges for deliberate underpayment. Directors and business owners can face fines, potential imprisonment, and reputational damage if found guilty.
3. Broader Accountability: Beyond individual businesses, franchisors and holding companies may also be held liable if they fail to take reasonable steps to prevent wage theft within their networks.
4.  Enhanced Worker Protections: Employees now have stronger mechanisms to report wage theft and seek recovery of unpaid wages, including through the Fair Work Ombudsman and legal avenues.
5. Record-Keeping Requirements: Employers must maintain accurate and detailed records of wages, hours worked, and entitlements. Failure to do so can attract penalties.

Steps for Real Estate Offices to Ensure Compliance

1 – Conduct a Wage Audit:

• • • Review all employee contracts and agreements to ensure they comply with relevant awards, enterprise agreements, and the National Employment Standards (NES).
    • Verify that all payments, including overtime, penalty rates, and allowances, are correct and up to date.

2 – Update Policies and Procedures:

• • • Implement clear payroll and record-keeping policies.
    • Train payroll staff and managers on award interpretation and compliance.

3 – Use Reliable Payroll Systems:

• • • Invest in robust payroll software to automate calculations, reduce errors, and maintain accurate records.
    • Schedule regular software updates to account for changes in legislation or award rates.

4 – Monitor and Review:

• • • Establish routine internal audits to identify and correct potential compliance issues.
    • Engage external consultants to conduct compliance checks and provide recommendations.

5 – Educate and Inform Staff:

• • • Provide employees with clear information about their entitlements.
    • Establish a process for employees to raise concerns or queries about their pay.

6 – Franchisee and Subcontractor Oversight:

• • • If you operate within a franchise network or engage subcontractors, ensure they also comply with wage laws. This may include requiring them to provide evidence of compliance or conducting spot audits.

Consequences of Non-Compliance

• • • Failing to comply with wage theft laws can result in significant financial penalties, legal action, and reputational harm. For real estate offices, where trust is crucial, public accusations of wage theft can undermine relationships with employees, clients, and the broader community.

Moving Forward

Preparing for these legislative changes is not just about avoiding penalties; it’s about fostering a workplace culture that values fairness and compliance. By taking proactive steps now, your real estate office can protect its reputation, ensure employee satisfaction, and maintain compliance with Australia’s evolving workplace laws.

 

$450,000 in Fines for Rental Law Breaches: Key Lessons for Property Managers to Avoid Enforcement Action

In a recent crackdown, Consumer Affairs Victoria (CAV) issued $450,000 in fines to real estate agencies for breaches of rental laws. This significant enforcement action sends a clear message: compliance with rental regulations is not just a requirement but an essential aspect of professional property management. Below, we outline the main issues CAV targeted and provide practical steps property managers can take to ensure compliance and avoid similar pitfalls.

Key Compliance Failures Leading to Fines

1 – Failure to Meet Minimum Standards Many fines stemmed from properties not meeting minimum standards when renters moved in. Victoria’s rental laws specify that properties must adhere to baseline standards to ensure habitability, safety, and comfort. Property managers have a duty to review each property against these standards before a new tenancy begins.

2 – Neglecting Safety Obligations A significant portion of fines resulted from lapses in critical safety checks, particularly concerning gas and electrical safety. In Victoria, these checks are required at regular intervals and must be documented. Property managers are responsible for ensuring that all safety obligations are met, as they are foundational to maintaining a safe and compliant rental property.

3 – Bond Lodgement Mismanagement One of the compliance areas highlighted in this enforcement round was bond lodgement. Victorian law requires that rental bonds be lodged with the Residential Tenancies Bond Authority (RTBA) promptly. Fines were issued to agencies that failed to comply with this timeframe. Timely bond lodgement not only meets legal requirements but also builds trust with tenants and demonstrates a commitment to transparent practices.

4 – Lack of Transparency in Advertising Several fines were due to inaccurate or incomplete property advertisements, particularly regarding rental prices. CAV’s enforcement action underscores the importance of transparency when advertising a property. Prospective renters have a right to clear and accurate information regarding costs, property features, and terms. Misleading advertising can lead to enforcement action and damage an agency’s reputation.

Best Practices for Property Managers to Ensure Compliance
To avoid enforcement action and uphold high standards of professionalism, property managers should implement the following practices:

• • Conduct Regular Audits and Updates: Regularly review each property in your portfolio to ensure it meets Victoria’s minimum standards and safety requirements. Audits should include checks for compliance in all areas, from basic minimum standards to safety certifications and bond lodgement. Set up reminders or workflows to ensure routine checks are completed.
  • Maintain Comprehensive Documentation: Documentation is a property manager’s best defence in the event of an audit or enforcement action. Keep meticulous records of every safety check, bond lodgement, communication with tenants, and property inspection. Documenting these actions not only provides proof of compliance but also helps streamline internal processes.
  • Educate and Communicate: Ensuring compliance is a team effort. Regularly train your team on the importance of each compliance area, including new regulatory updates. Additionally, work closely with rental providers to help them understand and uphold their responsibilities under the law. Educating both your team and rental providers can significantly reduce the risk of non-compliance.
  • Prioritise Transparency in Advertising: Every property advertisement should clearly communicate the rental price and essential property features. Misleading information can erode trust and lead to penalties. When in doubt, transparency is always the best policy, as it reinforces a reputation of integrity and fairness.

The Role of Compliance in Professional Property Management
Property management is about more than just maintaining properties; it’s about creating trust with renters, rental providers, and regulatory bodies. Compliance isn’t merely a box to tick—it reflects a commitment to quality and integrity. By taking proactive steps to meet all legal requirements, property managers can set themselves apart in a competitive industry and build a foundation of trust with all stakeholders.

 

Wake-up Call for the Real Estate Industry!

 

Consumer Affairs Victoria has recently taken enforcement action against Ray White Oakleigh for alleged misleading practices, and let me tell you, this is NOT something to take lightly.

As real estate professionals, we have one job: to provide our clients with the highest integrity, trust, and compliance. If we drop the ball, it’s not just about losing business—it’s about facing severe legal consequences. This latest action by Consumer Affairs is a significant reminder that there’s no room for shortcuts.

🏡  Here’s the deal:

It’s our responsibility to stay informed and ensure that every move we make is in accordance with the law. Ignorance is not an excuse; non-compliance can cost you more than your reputation.

If you think these cases are rare or won’t happen to you, think again. Don’t wait until you’re in hot water. Review your processes, train your team, and ensure you’re ticking all the legal boxes. ✔️

Let’s hold ourselves to a higher standard and show our clients that the real estate industry is built on trust, transparency, and doing the right thing. If we don’t, we risk facing similar consequences.

🚨 Take Action Now Before It’s Too Late! 🚨

Don’t wait until you face legal consequences—ensure your team is fully equipped with the knowledge and skills to stay compliant and protect your business.

Ready to take your business to the next level? Contact our team, and let’s get started.”

Please email us at jacinta@apexhr.com.au or call us at 03 8736 7119 to get started!

Christopher Paul Kontossis is facing serious allegations at VCAT for allegedly mishandling rental bond funds. Between Sept 2022 and Mar 2023, he redirected $21,540 from 26 bond claims into unrelated accounts. Consumer Affairs Victoria is looking to revoke his license and ban him from the industry. This case is a stark reminder of why overseeing trust monies is critical.

Here’s why you need to be on top of this:

• • • Legal Compliance: Handling rental bonds properly is a legal requirement. Non-compliance can lead to severe penalties and legal actions.
    • Financial Responsibility: Trust monies aren’t your agency’s funds. They must be managed with utmost care and accountability.
    • Reputation Management: Mishandling trust monies can severely damage your agency’s reputation and erode client trust.
    • Risk Mitigation: Proper oversight can help spot and fix issues before they escalate into legal problems.
    • Operational Integrity: Properly managing trust monies shows professionalism and a commitment to ethical business practices.
    • Avoiding Penalties: Good management practices help avoid financial penalties and potential loss of license.

To stay compliant and protect your business, you should:

• • • Implement robust systems for tracking and lodging rental bonds.
    • Provide regular training to staff on handling trust money procedures.
    • Conduct internal audits to ensure compliance.
    • Stay informed about relevant legislation and regulatory changes.

Prioritising oversight of trust monies is crucial to safeguarding your business, maintaining legal compliance, and upholding industry standards.

Full article here: Consumer Affairs Victoria

Reclaiming Efficiency: Rethinking Meeting Culture in Real Estate

Meetings are vital for collaboration and communication in the dynamic realm of real estate. However, an excess of meetings can hamper productivity and escalate stress. To combat this, it’s crucial to reassess and refine our approach to meetings.

Understanding the Current Meeting Culture

Real estate professionals often have calendars filled with numerous meetings, from client calls to strategy sessions. This default scheduling of lengthy video calls without considering individual work preferences disrupts workflow and limits time for focused, productive work. Constant switching between tasks reduces efficiency, leading to burnout and decreased job satisfaction.

Strategies to Reclaim Your Calendar

1 – Evaluate and Optimise Your Schedule

• • • Analyse your work patterns to identify when you’re most productive. Whether you’re more effective in the morning or evening, align your schedule accordingly.
    • Implement “themed time blocking” to allocate specific times for different tasks, ensuring dedicated blocks for uninterrupted work on meaningful projects.

2 – Set Meeting Standards

• • Establish rules for accepting meetings, limiting the number of meetings you attend each day or week. Opt for shorter durations and voice-only calls where possible.
  • Be discerning about the meetings you attend. Ask if the meeting is essential, if the information can be communicated more efficiently through other means, and if you are the right person to attend.

3 – Prioritise Deep Work

• • • Deep work is essential for high-quality output and innovation. Schedule deep work blocks in your calendar and treat them as non-negotiable.
    • Turn off notifications and find a quiet workspace to minimise distractions. Regular breaks can help maintain focus and productivity.

4 – Embrace Asynchronous Communication

• • Utilise email, messaging apps, and project management tools to communicate asynchronously. This approach allows team members to respond conveniently, reducing workflow interruptions.
  • Encourage asynchronous communication to promote focused work, better decision-making, and reduced meeting fatigue.

5 – Foster a Culture of Respect

• • • Cultivate a culture that respects focus time and promotes asynchronous communication—set guidelines for when to send messages or schedule meetings.
    • Respecting each other’s deep work blocks helps maintain productivity and work-life balance.

Benefits of Reclaiming Your Calendar

By rethinking meeting culture and taking control of your calendar, real estate professionals can experience numerous benefits:

• • Enhanced Productivity: More time for focused, high-quality work.
  • Improved Job Satisfaction: Greater control over work and less stress.
  • Better Work-Life Balance: More time for personal activities and interests.
  • Increased Innovation: Deep work fosters creative ideas and problem-solving.

In summary, real estate professionals can reclaim control of their calendars by challenging the default meeting culture and adopting a mindful approach to scheduling. This will lead to a more productive, fulfilling, and balanced work life. Meetings should enhance our work, not hinder it. It’s time to make meetings work for us, not the other way around.

 

 

The big news this week!

The Sale of Land (Public Auctions) Regulations 2014 have officially been revoked and replaced with the new Sale of Land (Public Auctions) Regulations 2024, effective as of June 24, 2024.

Here’s what you need to know:
These new regulations set the standard rules for public land auctions, specify the written information statement required for these auctions, and outline the obligations of auctioneers. While the core auction rules remain unchanged, we’ve got some tweaks in the formatting of the schedules:
•    Regulation numbers are now placed under the document heading.
•    Numbers are used in the body of some schedules instead of words.

Real estate offices take note: Make sure the correct auction rules (Schedules 1-4) and information about the conduct of public auctions (Schedule 5) are displayed at least 30 minutes before any auction starts.

Stay sharp, stay compliant, and let’s keep pushing forward!