Applying Knowledge of Legislation in Real Estate Transactions

This assignment assesses the student's understanding of state and territory legislation and regulatory frameworks relevant to real estate agency work. It covers topics such as Commonwealth Law, definitions within legislation, government and industry websites for legislative amendments, consumer protection, codes of practice in related industries, ethical behavior, and the impact of legislative changes on agency practice. The assignment also includes questions on the Privacy Act 1988 and the Australian Privacy Principles, along with activities for sales and property management, referencing relevant acts and regulations. The assessment is divided into short answer questions, extended answer questions, and workplace situation activities, designed to evaluate the student's ability to apply their knowledge in practical scenarios. The student's responses demonstrate their grasp of legal requirements and ethical considerations in the real estate industry.

CPPDSM4002A Apply knowledge of state or territory legislation and
regulatory framework to complete agency work
CPPDSM4009B Negotiate effectively in property transactions
LEARNER DECLARATION Indicate
with Y for
Yes or N
for No
I hereby submit these assessment tasks for the units listed above and certify
that all work contained therein has been completed by me
that no part thereof has been completed or copied from any
other person
I have referenced and/or acknowledged all necessary authors
I have kept a copy of my assessments
I will resubmit at my own cost and time in the event I do not
keep a copy of my assessment
I understand that REINSW will provide my employer upon
request, access to my training records and results (where the
employer is funding this learning)
I understand that federal and state agencies have the right to
access any of my assessment materials for auditing and
monitoring purposes
I consent that REINSW may use my de-identified assessment
for internal moderation and validation purposes
I understand that if a third party requests my results that
REINSW will only do so with my written permission
Learner Full Name (print)
Unique Student Identifier
Contact Number
Home Address
Learner Signature Date
LEARNER DECLARATION PART 2 Indicate
with Y
RISK MANAGEMENT ASSESSMENT 1

for Yes
or N for
No
 I have read the Student Handbook Y
 I will keep my documents safe and secure at all times Y
 I will answer all questions using the Learner Guide and/or Information as
referenced. Y
 Where necessary, I have attached supporting documents which are
clearly identified in line with the specific question. Y
 Where required, I have completed any agreements, forms and contracts
required for this assessment. I have done so in FULL and understand
that partial completion will not be accepted.
Y
 I have read, dated and signed the Student Declaration at the front of this
Assessment. Y
 I have retained a copy of my completed Assessment and any written
submissions. Y
8. I will upload the assessment to the portal as instructed. Y
Your Results
1. If your assessment is found to be not competent, you will be provided with clear
feedback on what additional information is required via the student assessment
record form and/or verbally.
2. To check the progress of your assessment, you are welcome to call [phone].
© REINSW Risk Management Assessment v3E October 2017 Page 2 of 37

Assessment Information
Assessment for this unit covers the elements and performance criteria for the
unit of competency:
CPPDSM4002A Apply knowledge of state or territory legislation and
regulatory framework to complete agency work
CPPDSM4009B Negotiate effectively in property transactions
These units, form part of the CPP40307 Certificate IV in Property Services (Real
Estate) under the Australian Qualification Framework and;
 Licensing under NSW Fair Trading.
Assessment structure
 Part A – Short Answer Questions
 Part B – Extended Answer Questions
 PART C – Workplace Situation Activities
Performance Criteria and Elements
Every assessment for a Unit of Competency within the Australian Quality
Framework (AQF) is structured around Performance Criteria and Elements. To
access the performance criteria and elements go to www.training.gov.au and
search for unit code.
REINSW recognises the individual needs of each learner and will provide
reasonable adjustment when required.
To complete this assessment, type your answers where you see the
insertion symbol.
You have limited formatting options.
© REINSW Risk Management Assessment v3E October 2017 Page 3 of 37

PART A – SHORT ANSWER QUESTIONS
For questions in Part A, you will need to provide answers that directly address
the question, you may answer in point form. Ensure that you answer all parts of
the question.
Question 1 List the url’s of three different websites, that you could use to access
information about Commonwealth Law.
https://www.legislation.gov.au/
http://www.commonlii.org/
https://www.australia.gov.au/about-government/publications/
commonwealth-legislation
Question 2 When writing legislation, the drafter provides definitions set out in
dictionaries and schedules to be appended to the Act. This gives
guidance to avoid possible confusion of the intended meaning of a word
or term within the Act.
What is the difference between the definition which uses the word
“may” and the definition which uses the word “must”?
The meaning of the word “may” in legal definition is to show the
willingness to act or not but on the contrary the meaning of the word
“must” is mandatory.
Question 3 Identify six pertinent government or industry websites that an agency
administrator would inspect regularly to identify any legislative
amendments that may affect the agency?
Real estate institute of Australia
(https://reia.asn.au/consumers/complaints/legislation/)
Property industry regulation of Queensland government
(https://www.qld.gov.au/law/)
Commonwealth acts and regulations
(https://www.australia.gov.au/information-and-services/public-safety-
and-law/legislation)
Food standards agency
(https://www.food.gov.uk/enforcement/regulation)
© REINSW Risk Management Assessment v3E October 2017 Page 4 of 37

Queensland legislation (https://www.legislation.qld.gov.au/information)
Business Queensland (https://www.business.qld.gov.au/running-
business/employing/employee-rights/ir)
Question 4  Explain how legislation protects the consumer.
 Refer to any legislation that may be applicable or to any government
or industry bodies that monitor consumer protection
1. Aim of the consumer legislation is to protect the rights of consumers
by reducing trade malpractices. It also emphasizes on increasing the
importance of all the users in front of the sellers.
2. Australian competition and consumer commission’s aim is to
safeguard the interest of end consumers by promoting healthy
competition through fair trade.
© REINSW Risk Management Assessment v3E October 2017 Page 5 of 37

Question 5 Any number of related industries such a banking, construction, finance
and or retail, could affect their practice of a sales or managing agent.
Choose two of the above and source information about their codes of
practice. Give a brief overview of each.
1. Credit reporting code of practice- This code of finance comes into
existence to develop credit reporting in business through various
agencies.
2. E-payment code-This is an initiative to use digital method for
transferring funds electronically to avoid frauds in banking transactions
through manual procedures.
Question 6 1. In your own words give a definition of ethical behaviour.
2. What are your key responsibilities when behaving ethically?
3. What legislative instruments enforce ethical behaviour?
4. What bodies enforce any applicable legislation?
5. Which industry association provides guidelines?
1. Ethical behaviour refers to a conduct of an individual or group of
individual as per the society norms and beliefs such as social equality,
honesty, fairness and diversity.
2.
 To act honestly in front of the external users
 To be a transparent
3.
 Legal Professional model laws
 Project Model provisions
4.
 Australian human rights commission act 1986
 Disability discrimination act 1992
 Privacy act 1988
5.
 Internet industry association
© REINSW Risk Management Assessment v3E October 2017 Page 6 of 37

 Security codes and guidelines
© REINSW Risk Management Assessment v3E October 2017 Page 7 of 37

Question 7 Legislation has recently changed in a number of areas that affect both
sales and property management including:
1. Swimming pools
2. Pest and building reports
3. Underquoting
4. Material fact - Asbestos
Research one of the above concerns to industry and give an overview of
how the changes will, or, have affect agency practice. Include
information about the legislative changes that have been enacted.
 Australian government have developed Swimming pools act 2012
which includes details about the designing of swimming pools.
 This act contains various changes such as state wise registration
scheme of pool, council inspection for a period of three years.
 It covers the use of swimming pool for various uses such as
residential, for visitors, tourists and commercial.
Question 8 Explain how you would share any updates or changes to legislation and
agency practice with team members.
Changes in the legislations and agency practices can share among the
team members by circulating electronic mail to circulate the information
among all the team mates.
Question 9 (A) Refer to the Privacy Act 1988 – Schedule 1.
Explain the intent of the Australian Privacy Principles and how they
relate to how an agency collects, maintains and destroy personal
information.
(B) Discuss the requirements for keeping records in agency and include
any other legislative requirements.
1.
 Aim of Australian Privacy principles is to protect the confidentiality
of the stored information by managing the actions of Australian
and Norfolk Island Government.
© REINSW Risk Management Assessment v3E October 2017 Page 8 of 37

 This agency collects intention and unintentional personal
information of users to maintain its accuracy.
2. There are various requirements of keeping the records as per this act
are given as below:
 Information collected should be for legal purpose
 Collected information should directly related with the collection
purpose
 It is prohibited to collect unauthorized purpose
Other legal requirements
 It is important to check the accuracy of the collected personal
information before its official use.
© REINSW Risk Management Assessment v3E October 2017 Page 9 of 37

Question 10 Using the table list 5 activities for sales and property management
and the corresponding sections of Acts or Regulations that impact on
the way the agent conducts themselves
Property Management
Activity
Legislative
Requirements
Selection of Tenant Residential Tenancies and
rooming accommodation Act
2008
Leasing agreement of
tenant
Property Law
Property rent collection Office of Fair trading
Property disputes Property Agents and Motors
Dealers Act 2000
Property account Policy and legislation
Sales Activities Legislative
Requirements
Food Products Food standards
Selling wood and timber Environment Protection
and biodiversity conservation
Chemicals products Anti-dumping laws
Machinery and
equipment
Motor Vehicle standards Act
Furniture Hazardous waste
© REINSW Risk Management Assessment v3E October 2017 Page 10 of 37

PART B – Extended Answer Questions
For questions in Part B, you will need to provide answers that are in depth,
referenced and supported by additional documentation.
Responses to questions need to be approximately 80 - 150 words, if you consult websites
or publications to construct your answer, you MUST reference your source.
It is expected that you would provide your evidence in a word document, professionally
formatted, with attention to grammar, spelling and punctuation.
Read each question or scenario carefully and ensure that you answer all of the facets of
the question.
To complete this section, type your answers where you see the insertion symbol.
You have limited formatting options.
Question 1
Type
Answer
Below
You are going to deliver a session to your team to familiarise them on
how to read a piece of legislation. The session needs to include the
following topics:
1. How the Act becomes law
2. How to access the most recent version of an Act or Regulation
3. How to access information in the Act and Regulation
4. What is contained in Schedules
5. How to find amendments
Write a draft document that you will refer to when delivering the
presentation
 A bill converts into law by getting majority of votes by different representatives of
house of parliament.
 An individual can access the recent changes made in the legislation by using
federal registrar of legislation in Australia.
(https://www.legislation.gov.au/content/whatisit)
 Online source, Australia legislation help is a website which provides information
about all the legislations in an assorted manner to get all the information about the
legislations applicable in Australia. (http://www.austlii.edu.au/austlii/help/legis-
help.html)
 Schedule is a part of legislation enclosed at the end of every legislation to cover
the whole act in detail.
 Bills and legislation section of the parliament of Australia website contains all the
information about the latest changes made to all the legislations.
(https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation)
© REINSW Risk Management Assessment v3E October 2017 Page 11 of 37

© REINSW Risk Management Assessment v3E October 2017 Page 12 of 37