Overview

The Department of Justice and Community Safety (DJCS) has made new regulations under the Estate Agents Act 1980. Commencing on 21 October 2020, the Estate Agents (Education) Regulations 2020 (the Regulations) replace the Estate Agents (Education) Interim Regulations 2019 (the interim Regulations).

The Regulations draw on a new property services training package for the real estate industry that was developed following a national review. The Regulations prescribe the courses of instruction for the licensing of estate agents, eligibility to be employed as an agent’s representative, and exemptions from the prescribed requirements.

The Regulations substantially increase the education requirements for the real estate industry. The Regulations prescribe the following courses of instruction:

  • for estate agents, 18 units for the award of the Certificate IV in Real Estate Practice, and 12 units for the award of the Diploma of Property (Agency Management)
  • for agents’ representatives, 18 units for the award of the Certificate IV in Real Estate Practice.

The Regulations also provide exemptions for people who have completed previously prescribed educational requirements. Estate agents and agents’ representatives currently working in the real estate industry can continue to do so, as long as they satisfy these exemptions.

We received 37 submissions on the exposure draft of the Regulations. We carefully considered all feedback when finalising the Regulations and made some amendments to address key themes. The changes:

  • allow for more flexibility by replacing three specified electives with three electives of choice in the Certificate IV in Real Estate Practice required for estate agents and agents’ representatives
  • reduce the number of units by four from the Certificate IV in Real Estate Practice that an estate agent must complete to ensure estate agents do not need to complete more units than necessary to attain that qualification
  • remove the current courses start dates and clarify that students may complete the courses in the interim Regulations up to 30 September 2021, consistent with the national transition arrangements for the property services training package
  • improve the layout of the course for estate agents for clarity.

Further details on the outcomes of the public consultation process are available in the document library. These are contained in the Notice of Decision and the Statement of Reasons.

Privacy collection notice

The Department of Justice and Community Safety is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws.

The information you provide in your comment or submission will be considered by the department in providing advice to the Minister for Consumer Affairs, Gaming and Liquor Regulation to finalise the proposed Regulations.

To ensure a transparent process, comments and submissions will be published under your name and, where relevant, your organisation’s name on the Engage Victoria platform. Your email and address will not be published. We will also publish a statement setting out the reasons for the direction taken in the final form of the Regulations. If you have provided an email address, you will be notified of the publishing of the statement.

Comments and submissions will also be provided to the Scrutiny of Acts and Regulations Committee (SARC) of Parliament after the Regulations are made, in accordance with the requirements of the Subordinate Legislation Act 1994.

If you make an anonymous submission or do not wish to provide your personal information, we will not be able to identify your submission if you wish to access it, make a correction or require technical support.

Please do not identify individuals in your submission. Comments or submissions which consist of allegations or complaints against individuals, and are not comments on the proposed Regulations, will not be published. If this happens, the complaint will be referred for assessment and advice to the relevant area within Consumer Affairs Victoria if appropriate.

You may access the information you have provided to the department for this consultation by contacting Regulation Policy: cav.consultations@justice.vic.gov.au