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Project 2

Name and jurisdiction of the case:

The case that is taken into consideration for this particular study is Saul v Department of Fair Trading [2019] NSWCATAD 161 (14 August 2019). The jurisdiction for this particular case was the equal and administrative opportunities division New South Wales judiciary. One of the characteristic attributes of this case study is that it revolves around whether the applicant can be referred to as fit in terms of holding a license in the field of real estate agent. The applicant in this case study was Maryellen Saul, while the entire commission of Fair Trading is regarded to be the respondent in Saul v Department of Fair Trading [2019]. The verdict that was given by the court was affirmed.

Description of the unethical practices

After meticulously analyzing the overall case study it can be inferred that the applicant Maryellen Saul submitted the required documents to the respondent, which is the Commissioner of Fair Trading in lieu of seeking registration certificate as per the statutory norms of PSBA, which is more commonly referred to as Properties Stocks and Business Agents. However, during the course of submitting the application, Maryelln did not undertake necessary activity to disclose convictions as well as other names such as Burling and Brady; which is duly required as per Property and Stock Agents Regulation 2022. On top of that in 2007, the applicant has also signed an application in order to receive accreditation from the auctioneer in relation to receiving a real estate agent license. In addition to that the applicant Maryellen Saul used her name while filling the form. However, in this instance also she did not disclose any convictions or other names duly in the form. The applicant in the same year, also applied for a business agent license where other names as well as per conviction regarding information are also not disclosed appropriately. However, in this instance, the application did sign the phone which specifically certified that all the information that is mentioned by the application in the form is true to its essence. As per the Property and Stocks Agents Regulation Act, if an applicant knowing fully, that if misinformation is provided during the course of filling up the required details in the application, then as per the act; the applicant could be penalized to a sum of $22000 for submitting false information.

A brief explanation of the relationship between unethical practice to the requirement of consumer protection

Section 18 of the Australian Consumer Law clearly mentions that the conduct of property agents should not be deceptive in nature; where misleading information or activities are conducted for particular vested interest by the public agents in real estate. In addition to that Section 30 of Australian Consumer Law distinctly prohibits any such activities that could falsify representation regarding information of the real estate agent or the properties itself. The main reasons to why this law is pertinent to the real estate industry is that it safeguard public interest of the consumer, where honesty as well as trust for the activities regarded to be important regulators; through which the confidence of the public is safeguarded in order for the community interest to be protected while issuing the license to public agents. The respondent on August 30th 2018 issued the overall determination, so that disciplinary action can be taken against the applicant for withholding information and not disclosing it while filling up the form. Along with refraining from disclosing critical information such as other convictions which are regarded as serious offenses as per Property Stock and Business Agents Act, 2002. The Department of Fair Trading issued that after conducting an intricate analysis in the course of disciplinary action determination; as per Section 198 of the Property Stock and Business Agents Act 2002, the applicant is not eligible to hold a License under Act.

A brief examination of the Schedules 1 & 2 of the Property and Stock Agents Regulation 2022 and clauses as in relation to prosecution that has been breached

As per Clause I of Schedule I of ‘General rules of conduct applying to all agents and assistant agents’, agents should be well informed regarding the fiduciary responsibilities and obligation to disclose information; withholding it infringes the core objective of the Act extensively. This is a perfect instantiation of breach under Property and Stock Agents Regulation 2022. On top of that, Division 1 of Schedule 2 ‘Rules specific to real estate agents and assistant real estate agents’ mentions that public agents should exercise accordingly as per the norms that are predetermined by the Act. This is also infringed extensively by the applicant, Maryellen Saul. As per the predefined statutory norms, if under any circumstances, the agents are found guilty of breaching the act, then the penalty could range from minute monetary fine to heavy penalization depending upon the gravity of the criminal offense[4].

Project 3

Part 1

  • Full title of the legislation: Anti-Discriminator Act 1977
  • The purpose of the legislation: The fundamental objective of the legislation is to ensure that not even a single individual is denied fundamental rights owing to facts such as religion, race, ethnicity, political opinion, language or sex. On top of that discrimination based on certain other grounds such as social origin, birth or property is also prohibited under the legislation[1].
  • Key components of the legislation: Important components of the legislation are as follows - Division 2 Discrimination in Work (this division concentrates upon ensuring that workplaces are safeguarded from discriminatory practices), Division 3A racial vilification (this division focuses on making certain that racial discrimination is refrained from the society under all circumstances), Part 2A Prohibition of Sexual Harassment (Prevention of sexual harassment is the fundamental purpose of this part of the Act), Part 3 Sex Discrimination (Refraining discrimination on the basis of gender is the main goal of the Act), Part 3A Discrimination on transgender grounds (accepting rights of transgender is the primary concern of the Act) and Part 4A Age Discrimination (this part solely narrows down on ensuring that discrimination on the basis of age is absolutely eradicated from the workplace equation).
  • Two breaches specified within the legislation: Breaches as per the legislation is regarded as a penalty for infringing Anti-discrimination Act 1977. It can range from $66,600 for infringement for an organization to a few millions depending upon the gravity of the infringement. On a similar note, $13,320 for an individual power contravention is regarded as the maximum penalty for infringing Anti-Discrimination Act 1977[2].
  • Identification of the currency of the legislation and the manner of determination: 11 December 2020.

Part 2

  • Full title of the legislation: Privacy Act 1988
  • The purpose of the legislation: There are four fundamental objectives of the Privacy Act 1988 which are hereby mentioned below. The first one is to restrict any sort of disclosures regarding matters which are associated with personally identifiable records. On top of that, the right to accessibility of confidential information and seeking to make certain amendments on the records maintained by the agency also falls under the continent of the Privacy Act 1988. Additionally, privacy in relation to practice fair information sharing between agencies as per statutory norms is also one of the core objectives of the Privacy Act 1988. For the sake of safeguarding personal information, under all circumstances Section 14 of the Act particularly mentions certain stipulations in relation to privacy which is referred to as the Australian Privacy Principles.
  • Key components of the legislation: Important components of the legislation are Section 14 - Australian Privacy Principles, Section 15 - Entities that must comply in accordance with the Privacy Principles set forth in Section 14 (Chalking out the fundamental set of guidelines that are required to abide by every single individual is the main purpose of this Section), Section 16 - Privacy in relation to household person in family affairs (Safeguarding matters concerning privacy within the folds of families are primarily emphasized by this Section), Section 16C - practices that are required to be in compliance for Overseas recipient in relation to personal information privacy (Safeguarding confidential issues related to recipients residing in the overseas, and utilizing information that are related to confidentiality when dealing with overseas recipients, that are not predefined by are mainly concentrated upon by this section), Section 21C - Dealing with information and relation to credit cards and collecting personal information for payment related disclosures[3].
  • Two breaches specified within the legislation: Two particular breaches mentioned in the legislation is that when personal information is lost or stolen then it should be disclosed to the authority. Individuals, if found guilty of stealing personal information can be penalized monetarily or could also be sentenced to jail, depending on the gravity of the criminal offense. In case of privacy breach that occurs due to disclosing information to individuals who have access under false pre-tense, Section 34D of the Privacy Act 1988 clearly mentions that individual could be even sentenced to prison since it is recognized as a non-cognizable criminal offense[4].
  • Identification of the currency of the legislation: 12 March 2014.

Project 4

Part 1

A brief overview of the background

I consider myself as a dynamic and passionate Real Estate Agent and have been pursuing the goals of successfully and swiftly assisting all of my clients to accomplish their respective real estate goals. I am quite well versed with the market landscape, and adept in terms of providing appropriate and adequate guidance to the clients in every step of the entire endeavour of purchasing real estate. 

Skills that would assist a property owner

  • I can conveniently foster a strong relationship with my clients so that the best feasible experience can be delivered to them seamlessly.
  • Utilization of tools and applications that are web based for enhancing my efficacy in managing prospects and customer relationships is also one of my strong suits.
  • In terms of managing appointments and scheduling open house tours, I can conveniently advise buyers as well as sellers regarding appropriate aspects and relation to real estate.
  • I have also advocated on behalf of my clients during the course of negotiation sessions, so that purchasers of real estate who have taken my guidance can be benefited to a great extent.
  • Through timely communication, I have managed to handle a plethora of political as well as administrative duties, where I have extensively accumulated knowledge regarding open houses management and the manner in which market initiatives can be coordinated, so that the overall transaction can be completed in a seamless manner.
  • One of my strong suits is that I have always been able to intricately analyze a property on the basis of its major as well as demerit. As a consequence of which I can conveniently point out if there is any flaw in the property; which would definitely assist real estate purchasers to make informed decisions rather than committing to an impulse to buy the real estate.

Part 2:

home for sale

Part 3

representation

The aforementioned pictorial representation depicts an astounding real estate property that is located on 8 Regent Court, Bahrs Scrub. The time for open house starts from 11.00 PM to 4.00 PM on weekdays. The characteristic attribute of the property revolves around 4 bedrooms with walk in closets and two baths. Along with that an open floor plan with state of the art modular kitchen facilities are also included. On top of that, the two car garage which is seen in the aforementioned picture reveals that the driveway is easily accessible. The total area of the property is around 375 square meters. The most lucrative feature of this particular property is that not only it is located in a prime location where the access and convenience to nearby road transport network is convenient for the real estate purchaser, but at the same time the price tag associated with this particular real estate is a little shy of $600,000. M1 as well as M6 are within walking distances from the real estate property that is mentioned above. Accessing these roads would make the connectivity to Brisbane within 35 minutes by car. Additionally, the backyard along with a spacious patio also enriches the overall ambience of the realistic property. The kitchen is also attributed with modern equipment such as induction, convection grilling and microwave oven appliances. Aside from built in wardrobes, the air conditioning is also at optimal conditions; solar panels that are on grid in nature comes in free with the real estate property. The entire property is fully fenced with state of the art security parameters installed at every corners of the real estate.

References:

Brewer, Catherine A., Alison Hutton, Karen S. Hammad, and Sara K. Geale. "A feasibility study on disaster preparedness in regional and rural emergency departments in New South Wales: Nurses self-assessment of knowledge, skills and preparation for disaster management." Australasian emergency care 23, no. 1 (2020): 29-36.

Garcia-Teruel, Rosa M. "Legal challenges and opportunities of blockchain technology in the real estate sector." Journal of Property, Planning and Environmental Law (2020).

Paton-Walsh, Clare, Peter Rayner, Jack Simmons, Sonya L. Fiddes, Robyn Schofield, Howard Bridgman, Stephanie Beaupark et al. "A clean air plan for Sydney: An overview of the special issue on air quality in New South Wales." Atmosphere 10, no. 12 (2019): 774.

Smaggus, Andrew, Janet C. Long, Louise A. Ellis, Robyn Clay-Williams, and Jeffrey Braithwaite. "Government actions and their relation to resilience in healthcare during the COVID-19 pandemic in New South Wales, Australia and Ontario, Canada." International Journal of Health Policy and Management 11, no. 9 (2022): 1682-1694.

"Legal challenges and opportunities of blockchain technology in the real estate sector." 

"A feasibility study on disaster preparedness in regional and rural emergency departments in New South Wales: Nurses self-assessment of knowledge, skills and preparation for disaster management."

"Government actions and their relation to resilience in healthcare during the COVID-19 pandemic in New South Wales, Australia and Ontario, Canada." 

"A clean air plan for Sydney: An overview of the special issue on air quality in New South Wales." 

Belavusau, Uladzislau, and Kristin Henrard. "A bird’s eye view on EU anti-discrimination law: the impact of the 2000 Equality Directives." German Law Journal 20, no. 5 (2019): 614-636.

Blackham, Alysia, and Jeromey Temple. "Intersectional discrimination in Australia: an empirical critique of the legal framework." University of New South Wales Law Journal 43, no. 3 (2020): 773-800.

Eyer, Katie. "The but-for theory of anti-discrimination law." Va. L. Rev. 107 (2021): 1621.

Schneider, Lesley E., Mike Vuolo, Sarah E. Lageson, and Christopher Uggen. "Before and After Ban the Box: Who Complies with Anti-Discrimination Law?." Law & Social Inquiry 47, no. 3 (2022): 749-782.

"The but-for theory of anti-discrimination law." 

"Intersectional discrimination in Australia: an empirical critique of the legal framework."

"A bird’s eye view on EU anti-discrimination law: the impact of the 2000 Equality Directives." 

"Before and After Ban the Box: Who Complies with Anti-Discrimination Law?." 

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