Section 49

Any complaint of the conduct of a licensed estate agent or registered salesperson may in the first place be made to the Executive Director who must refer the complaint to the Council.

The Executive Director may on his or her own motion refer any information concerning the conduct of a licensee or salesperson to the Council.

The Council may require any complaint or class of complaints to be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint is made by any public officer.

After receiving any complaint or information under subsection (1) or (2), the Council may, if it is of the opinion that there is a sufficient case for investigation, refer the matter for investigation under section 50.

The Council must consider any report or recommendations submitted under section 50(3) and may refer the matter or report back to the inspector for further consideration or investigation as it may consider necessary or desirable.

Subject to subsections (7), (8), (9), (10) and (11), after considering the report and recommendations submitted under section 50(3), the Council may do one or both of the following:

The Council must, before making any decision under subsection (6) in relation to the licensed estate agent or registered salesperson, give the licensed estate agent or registered salesperson written notice of the Council’s intention to do so.

Upon receipt of the notice of the Council under subsection (7), the licensed estate agent or registered salesperson may, within 14 days after the date of the notice, show cause to the Council as to why the Council should not take any or both of the actions (as the case may be) under subsection (6).

The Council must, after the licensed estate agent or registered salesperson has shown cause under subsection (8) or the time to do so has expired, give written notice to the licensed estate agent or registered salesperson of the Council’s decision under subsection (6).

Subject to section 59, any decision by the Council under subsection (6) does not take effect until 14 days after the Council has served the written notice under subsection (9) to the licensed estate agent or registered salesperson.

If the Council considers it appropriate, the Council may, instead of making any decision under subsection (6), refer the matter to a Disciplinary Committee.