What is the Legislation Report?
The legislation report is a comprehensive document that offers a thorough examination, analysis, and assessment of specific pieces of legislation. Its purpose is to provide readers with a deeper understanding of the content and implications of legislation. It is essential in industries such as real estate, where strict regulations govern various aspects.
It is crucial to possess the ability to comprehend and interpret legislation accurately, as a lack of understanding can result in unintentional violations of the law. By engaging with legislation reports, individuals can enhance their knowledge and awareness of the legal framework governing their field of interest, enabling them to comply with regulations and operate within the boundaries set by the law.
How do I complete the Legislation Report?
To complete the Legislation Report, it is necessary to refer to the provided learning material and conduct research.
Please ensure that the applicable state legislation is being used for your course. To address each section of the report, it is necessary to research the relevant legislation for your state as listed below.
IMPORTANT: You need to use both legislation applicable to your state.
For QLD residents, please use the following;
- Property Occupations Act 2014
- Agents Financial Administration Act 2014
For NSW residents, please use the following;
- Property and Stock Agent Act 2002
- Property and Stock Agents Regulation 2014
For VIC residents, please use the following;
- Estate Agents Act 1980
- Residential Tenancies Act 1997
For WA residents, please use the following;
- Real Estate and Business Agents Act 1978
- Residential Tenancies Act 1987
After deciding on the specific legislation that forms the basis of your report, the next step is to find the relevant laws on the internet. This can be conveniently achieved by visiting the official State Government Legislation Website to access the desired legislation. Additionally, the CPPREP4003 Student Learner Guide can be a valuable resource, providing links to legislation websites for quick and easy reference.
What is included in the report?
Part 1 - Short Titles of Legislation
The short title is the formal name of the Legislation "Its Name." (e.g. Estate Agents Act 1980)
Part 2 - Long Title or Purpose
You'll find the long title on the first page after the table of contents, just before section 1 of the act. It starts with 'An Act...' and briefly overviews what the Act covers. The long title serves as proof of the act's intention and is worded in a way that doesn't require interpretation.
Part 3 - Components
Some laws give the government or other authorities the power to make more rules, called "subordinate legislation." These rules are often called regulations and are created to provide more detailed guidelines or specific requirements for the primary law. They help implement and clarify how the law should be followed and enforced. So, subordinate legislation is like additional rules that support and further explain the primary law.
In simple terms, the Subordinate Legislation is the Regulation.
e.g. the Estate Agents Act 1980 is the Principal Act, and the subordinate legislation is the Estate Agents (Professional Conduct) Regulations 2018.
Part 4 - Breaches
In legislation, a breach refers to a violation or failure to comply with the requirements, provisions, or obligations outlined in the law. Consequences for breaching legislation can vary, including penalties, fines, legal action, or other enforcement measures. The severity of the effects often depends on the gravity of the breach and the potential harm or impact caused by the non-compliance.
Identifying and addressing breaches in legislation are crucial for upholding the rule of law, ensuring public safety, and maintaining the integrity and effectiveness of legal frameworks.
Breaches can be found within the act itself; you will need to read through the legislation to identify the violation and the penalties that apply to the breach.
Part 5 - Currency
The currency refers to the current or up-to-date status of an Act. It indicates whether the legislation is still in effect and applicable at the present time or if it has been repealed, amended, or replaced by newer legislation. Currency is important because laws can change as new legislation is introduced or existing rules are modified or repealed. When interpreting or applying it, it is essential to make sure that you are talking about the most recent and accurate version of the legislation.
To locate the currency date of an Act, refer to its front page. The page will typically display a statement such as "This compilation was prepared on..." or "Current as at...". However, if it has been a while since your version of the Act was prepared, it would be best to verify if any amendments have been made to ensure that the version you are viewing is up to date.
Part 6 - Addressing Discrepancies
If staff members notice any inconsistencies, they should promptly inform management or the principal licensee. The matter should be thoroughly investigated, and a risk management strategy should be implemented to identify and assess the risks associated with the inconsistency. Appropriate measures, such as implementing policies and procedures, should be taken to address the discrepancy. Ongoing monitoring should also be conducted to prevent future discrepancies. In cases where the risk involves a significant breach, such as an employee or principal engaging in trust account fraud, it is necessary to contact their Industry governing body for investigation and appropriate disciplinary action.
To understand what is required in your answers, we have provided a Sample Legislation Report in the task instructions.