Consumer Protection

9 March 2016

The Commissioner for Consumer Protection is urging all agents to process all tenancy bonds through the BondsOnline system. The Minister for Commerce has approved the move to make online bond transactions mandatory. The move to paperless transactions is part of the government’s commitment to business on red tape reduction initiatives.

BondsOnline eTransactions is the Department’s online automated system for processing tenancy bonds held under the Residential Tenancies Act 1987 and the Residential Parks (Long-stay Tenants) Act 2003.

3 March 2016

The Real Estate and Business Agents Act 1978 requires all agents who hold a current triennial certificate and have held or received monies in trust during the 2015 year, to cause the audit of their trust accounts.

Agents who have not held or received monies in trust during the 2015 year can submit a statutory declaration in lieu of an audit report.

Trust account audits

Annual audit reports or statutory declarations for the year ending 31 December 2015 must be lodged with the Department by 5pm on 31 March 2016.

This is a guide to help you develop your Association's rules.  It is the prescribed model rules as well as guidance notes and Act requirements.  The prescribed rules are published in the Associations Incorporation Regulations 2015. 

The following items must be addressed in all rules (also known as the constitution) of Western Australian incorporated associations.

Not for profit clause 

The rules must include a provision in, or substantially in, the following terms:

22 February 2016

The majority of real estate complaints lodged with the department involve residential tenancy or property management matters. Often these matters should not have occurred in the first instance or should have been addressed at an agency level rather than being escalated to the department.

The main concerns include:

11 February 2016

Seaville Holdings Pty Ltd trading as First National Real Estate Karratha has received a reprimand and fine of $5,000 by the State Administrative Tribunal for overcharging clients for property inspection and management fees.

The agency was found to have charged the owners of four properties more than what was contracted for property inspection fees between December 2011 and March 2014. The agency had also charged too much to four other property owners for management fees between November 2011 and March 2015.

4 February 2016

The Department of Commerce wishes to notify agents and property managers of some recent changes by the Magistrates Court and Australia Post in relation to their services.

Increase in application filing fee with Magistrates Court

As from 1 January 2016, the application filing fee increased from $26.70 to $53.20 in relation to residential tenancies. This fee applies to both the Application for disposal of bond money (Form 6) and the Application for court order (Form 12).