Questions & Answers Paper No. 158 - Parliament of New South ...

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LEGISLATIVE ASSEMBLY QUESTIONS AND ANSWERS
MONDAY 12 OCTOBER 2009
I am advised by the Office of Fair Trading that the former Commissioner for Fair Trading issued a
Commissioner's circular to all Fair Trading staff relating to the provision of information to members of
Parliament.
The Commissioner's circular was consistent with a circular issued by Premier J Fahey in 1992
(M1992-32).
*7422 REAL ESTATE FRAUD—Mr Mike Baird asked the Minister for Fair Trading, Minister for Citizenship,
and Minister Assisting the Premier on the Arts—
(1) What action is the Minister taking to ensure elderly people are not victims of real estate fraud?
(2) Is the Government considering any tightening of the law to ensure real estate agents cannot commit
fraud or retain defrauded funds?
Answer—
The Office of Fair Trading advises me that:
(1) Investigations into allegations of fraud are taken seriously by Fair Trading. Where sufficient
evidence exists, appropriate enforcement action is taken including prosecution or licence
disqualification. Recently a real estate agent was disqualified from holding a licence as a real estate
agent and from being involved in the direction, management or conduct of a business of a licensee
for 10 years as a result of breaching his fiduciary duty.
Compliance programs are also regularly conducted which include the inspection of real estate agents
trust accounts, auction programs and substantiation of selling price, particularly where a price range
is advertised.
(2) Real estate agents are already tightly regulated under the Property Stock and Business Agents Act
2002 and the Property Stock and Business Agents Regulation 2003.
The Regulation contains comprehensive rules of conduct to which agents must adhere. These
enforceable rules cover issues such as fiduciary obligations; agents being required to act honestly,
fairly and professionally with all parties to a transaction; and dealing with conflicts of interest.
The Act contains comprehensive provisions to detect and address instances of fraudulent conduct by
agents. For example, agents who receive trust money are required to have their accounts audited and
submit the audit to Fair Trading. The Director General can also direct spot audits of agents' accounts
and freeze them if necessary.
The operation of the legislation is constantly monitored and regularly reviewed to ensure it is
operating as efficiently and effectively as possible. In this process, provisions that regulate potential
fraudulent behaviour are always under particular consideration.
*7423 REVIEW OF STAYSAFE 30 REPORT—Mr Mike Baird asked the Minister for Finance, Minister for
Infrastructure, Minister for Regulatory Reform, and Minister for Ports and Waterways—
(1) Has WorkCover conducted a review of the Staysafe 30 report?
(2) If yes, what was the result of that review?
(3) If no, does WorkCover intend to conduct the review and if so when?
(4) If no review has been conducted, and it is not intended to be conducted, could the Minister please
explain why?
Answer—
The Staysafe 30 report, released in May 1996, primarily concerns road and pedestrian safety issues.
I'm advised WorkCover has considered the Staysafe 30 report and supports the initiatives taken by the
City of Sydney Council as a result of the report's recommendations.
*7424 MOTOR ACCIDENTS AUTHORITY—Mr Mike Baird asked the Minister for Finance, Minister for
Infrastructure, Minister for Regulatory Reform, and Minister for Ports and Waterways—
(1) Is the Minister aware that recent changes to legislation affecting the Motor Accidents Authority has
meant some surgeons are unable to be paid because of the classification of patients under the new
system?
(2) Has the Minister considered any changes to overcome this inequity?
Answer—
(1) I am advised the changes to the Motor Accidents Compensation Act 1999 which commenced on 1
July 2009 have had no affect on the arrangements for surgeons to be paid.
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