Disqualification and permissions - estate agents

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Reasons for requiring permission - individual

You will need to apply for permission to be employed as an agent's representative or to hold an estate agent's licence if:

  • within the last 10 years, you have been convicted or found proven (whether or not a conviction was recorded) of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more in prison (whether or not a prison sentence was imposed)
  • you have had a successful claim admitted against the Victorian Property Fund or a corresponding fund
  • you are an insolvent under administration. This means:
    • a person who is an undischarged bankrupt, or
    • a person who has executed a deed of arrangement under Part 10 of the Bankruptcy Act 1966, or
    • a person whose creditors have accepted a composition under Part 10 of the Bankruptcy Act 1966, or
    • a person who has made a debt agreement under Part 9 of the Bankruptcy Act 1966.

Reasons for requiring permission - company

A company will need to apply for permission to hold an estate agent's licence if it or any of its directors:

  • has ever had a successful claim admitted against the Victorian Property Fund or a corresponding fund
  • has been convicted or found proven (whether or not a conviction was recorded) of an offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more in prison (whether or not a sentence of imprisonment was imposed), in the last 10 years. The company can only apply for permission if this person is still eligible to be a director under the Corporations Act 2001.

Apply for permission

To apply for permission to be employed as an agent's representative or to hold an estate agent’s licence, send the Business Licensing Authority (BLA) a completed Permission application - estate agents (Word, 835KB).

Attachments and supporting documents

Lodge these documents with your permission application:

  • Completed Consent to national criminal history and other records checks (Word, 235KB)
  • Certified copies of 100 points of identification
  • For any disqualifying offence, a copy of the Summary of Charges and any other documentation you have regarding the nature of the offence (such as court extracts, charge sheets, transcript of sentence).
  • If applying for permission because of insolvency, a copy of the Statement of Affairs.
  • If you or the company has had a successful claim admitted on the Victorian Property Fund, or corresponding fund, provide evidence that you have refunded all amounts paid out of the fund.
  • A letter from your prospective or current employer confirming that they are aware of your disqualification and will employ you if you are granted permission.
  • Any other supporting documentation as specified in the permission application form.

Processing time

The average processing time for permission applications is eight weeks.

Working during the permission application period

Licensed estate agents

If you are a licensed estate agent and you or in the case of a company licence, the company itself or any of its directors, are:

  • convicted or found proven (whether or not a conviction was recorded) of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more imprisonment (whether a sentence of imprisonment is imposed or not), or
  • had a successful claim admitted against you on the Victorian Property Fund or a corresponding fund

you can continue to work as a licensed estate agent until the BLA has made its decision, provided you lodge a permission application with the BLA within 30 days of these events.

Note: If you are already licensed as an individual estate agent and you become insolvent under administration, your licence will be cancelled automatically and you will be disqualified from practising. You can apply for permission and re-apply to be licensed as an estate agent. If you are granted permission, during your insolvency period you can only work as an employee of an estate agency. For more information, view our Licence cancellation page.

Agents' representatives

If you are currently employed as an agent's representative and you are:

  • convicted or found proven (whether or not a conviction was recorded) of an offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more in prison (whether or not a prison term was imposed), or
  • had a successful claim admitted against you on the Victorian Property Fund or a corresponding fund, or
  • an insolvent under administration (bankrupt, debt agreements under Part IX or Part X)

you can continue to work as an agent's representative until the BLA has made its decision, provided you lodge a permission application with the BLA within 30 days of these events.

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