CPPREP4003 & CPPREP4005: Legislation and Compliance Workbook - REINSW

This document presents a completed learning activity workbook focused on real estate legislation and compliance, developed by the Real Estate Institute of NSW (REINSW). The workbook covers key competencies including accessing and interpreting real estate legislation (CPPREP4003) and preparing to work with real estate trust accounts (CPPREP4005). It includes activities designed to enhance understanding of Commonwealth and State legislation, common law, contract law, equity law, and statute law. The assignment explores various aspects of legislation, such as acts, regulations, amendments, and codes of practice. It also covers the role of regulators, reading rules, and accessing up-to-date legislation. The workbook includes questions on accessing the most recent version of legislation, the difference between rules of conduct and codes of practice, penalties for breaching legislation, and the value of penalty units. It also references relevant legislation such as the Anti-Discrimination Act and the Corporations Act, as well as guidance materials for interpretation. Finally, the assignment also includes other relevant documents such as a residential tenancy agreement and handbook excerpts.

Learning Activity Workbook
Legislation and
Compliance
Real Estate Institute of NSW – RTO 90117

Introduction...........................................................................................................................................4
Learning Activity 1.........................................................................................................................5
Learning Activity 2.........................................................................................................................7
Learning Activity 3.........................................................................................................................8
Learning Activity 4.........................................................................................................................9
Learning Activity 5.......................................................................................................................10
Learning Activity 6.......................................................................................................................11
Learning Activity 7.......................................................................................................................12
Learning Activity 8.......................................................................................................................13
Learning Activity 9.......................................................................................................................14
Learning Activity 10.....................................................................................................................15
Learning Activity 11.....................................................................................................................16
Learning Activity 12.....................................................................................................................18
Learner Declaration.........................................................................................................................19

Introduction
This workbook contains activities for the unit(s) of competency:
CPPREP4003 Access and interpret legislation in real estate
CPPREP4005 Prepare to work with real estate trust accounts
for more information on the units of competency go to www.training.gov.au.
The learning activities workbook has been designed to enable you to gain an
understanding of the application of the learning you are undertaking.
Each activity is linked to the information contained in the Learner Guide and is a
foundation for the questions in the final assessment. Please follow the instructions
from your trainer to complete the activities.
Some of the activities may be done in class and other activities are a reflection of
your understanding of the course content and will be done in your own time.
These activities form part of the overall assessment of the unit(s) in this cluster.
Once you have completed the workbook you will need to scan and upload to your
learning portal. There are several apps for your mobile phone that will allow you to
scan all the pages into one document, (please do not upload individual pages).
If you have any difficulty in answering the questions or need further clarification,
please speak with your trainer.
REINSW recognises the individual needs of each learner and will provide reasonable
adjustment if required.
To complete this section, type your answer where you see the I insertion symbol.
You have limited formatting options.

Learning Activity 1
1. Find a webpage on how to read legislation and make a summary of the
information found for both Commonwealth and State legislation.
2. Explain the following:
 Common law.
 Contract law.
 Equity law.
3. Statute law.
4. Explain the following:
 Act.
 Regulation.
 Amendment.
 Schedule.
 Appendices.
 Mandatory codes of practice.
Type your answer here
Find a webpage on how to read legislation and make a summary of the
information found for both Commonwealth and State legislation.
Commonwealth legislation was enacted by the Australian government. It can
also be referred to as the Acts of Australian government. The legislation may
be referring and relating to different categories of areas like learning
institutions and other important training programs. These include the
curriculum and also higher education funding. On the other hand, state
legislation contains information that protects the citizens of a particular
country. This means that in this legislation, the rights and responsibilities of
the individuals are properly listed. It also defines the authorities where the
legislation applies.
Explain the following:
 Common law. This is the body of law that has been obtained from
judicial decisions from courts of law and other related tribunals.

 Contract law. It’s referred to as the body of law that is associated in
making and enforcing binding agreements.
 Equity law. This can be referred to the body of law that is related to
provision of remedies. This means that it provided guidelines to be
followed in recovering ones right or driving redress for a wrong done.
 Statute law. These are laws or statutes that have been voted on by the
government itself. This is where the bill is discussed by all the
members of the house and if majority of the members support the bill,
then it becomes a law where its passed.
Explain the following:
 Act. This is a bill that has been approved after going through various
legislative procedures that are laid down to be followed before it
becomes a law.
 Regulation. This can be referred to as the body of rules that have the
support of force of law that has either been stipulated by a top
authority that is associated to the authority’s control status.
 Amendment. This is an official change that may be made in a law
through following steps laid down for a change to happen.
 Schedule. This means a statement in the initial events or proceedings
that has been sent with an accusation that has been returned from a
lower court.
 Appendices. This is referred as number of supplementary information
that has been collected at the end of the contract. It can also be
referred to as a brief of a submission presented in court of law.
Mandatory code of practice. These are a number of written rules that shows how
professionals in a particular field of work should behave themselves while on duty.

Learning Activity 2
Go to the Property Regulator’s webpage to find two Acts and Regulations that
relate to real estate that are administered by the Regulator.
1. Document the URL used and the names of the Acts and Regulations.
2. Explain the role of regulators in relation to the legislation
The regulators ensure that eth members get professional growth through
their services. The regulators also help in ensuring that the real estate
policies are adhered to fully. They enforce the real estate agency act from
the members.
Type your answer here
Document the URL used and the names of the Acts and Regulations.
 Anti- Discrimination Act
 Corporations Act
Explain the role of regulators in relation to the legislation
The regulators ensure that eth members get professional growth through their
services. The regulators also help in ensuring that the real estate policies are
adhered to fully. They enforce the real estate agency act from the members.

Learning Activity 3
Using one of the Acts that you have found list the following:
 Long title
 Short title
 Commencement
 Application
 Headings
 Parts
 Divisions and sub divisions
 Clauses and subclauses
 Schedules and appendices
Type your answer here
Long title is the title that appears on the first page. This means it appears before
section one of the Act. For instance construction of an Act
Short tile is the title that appears on the front page of the Act. An example is a part
of the Business Act
Commencement is the procedure that is normally followed by the court law when
initiating its legal proceedings.
Application means applying for a request before a court for a formal assistance by
the court. This is like extending the time for the hearing of the case.
Headings include the: Staff are not permitted to receive gifts from clients
A part can be referred to as the group of sections of an Act. This includes: part I,
part 2 and so on.
Division are sections that has been considered big enough to be sun divided into
small groups .This include: introduction, chapter one etc while sub divisions means
the divisions now are dived now into smaller groups. This means that chapter one
may have other small groups like summary.

Clauses can be referred to as sections or paragraphs contained in a legal document
while sub clauses are now more smaller sections that have been divided from the
main cause.
Schedules are used in the specification of the working procedure of the Act while
appendices can be referred to as supplementary kind of a document that is
normally attached at the end of a particular legal writing.

Learning Activity 4
1. Explain with examples 2 of the below reading rules:
 Plain meaning rule
 Golden rule
 Mischief rule
 Purpose approach
2. Name one source of guidance material that will assist your interpretation of
legislation
3. What is the difference between the definitions which uses the word “may”
“must” and “should?
Type your answer here
Plain meaning rule refers to a type of statutory construction where statutes are
interpreted through a normal ordinary meaning. This may include the Holy Trinity
church, see rector etc.
Golden rule means a statutory construction where statutes cannot be interpreted.
This means the plain meaning rule cannot be used in this case. Golden rule include
the wider view (1935) and Narrow view (1872)
Mischief rule is a rule that is mostly used in find out on the true meaning of a a
particular act where the meaning is obscure. An example include the case of
Corkery carpenter in (1991) where a judgement was made to have him jailed for
being drunk when riding a bicycle in public.
Purpose approach is a rule that is mostly used to bring out a clear interpretation
and understanding of common law. For instance case of Pepper V Hart in 1992 and
Freemans v Pickstone in 1989
Name one source of guidance material that will assist your interpretation of
legislation
E-lawources.co.uk

What is the difference between the definitions which uses the word “may” “must”
and “should?
The word must mostly relates to a situation where one is bound to do something
while May means there is an option, you may either do it or don’t do it. The word
should means that in the past you should have done something. This simply means
it’s imperative.

Learning Activity 5
Go to a recognised webpage for legislation eg: austlii.edu.au and find three
Acts that are not real estate specific but are relevant to the industry. They
could be Commonwealth or State.
1. Document the URL’s used and the names of the Acts.
2. Explain the purpose of one of the Acts and how it applies to real estate.
3. Using the example of discrimination laws, where there is legislation that is
both Commonwealth and State which Act takes precedence?
4. How would you ensure that you keep up to date with changes to
legislation?
Type your answer here
Document the URL’s used and the names of the Acts.
Argus law reports 1895-1950
Australia designs office 1982
Australia patent office 1981
http://www.austlii.edu.au/agni-bin/viewdb/au/cases/cth/ArgusLawRp/
Explain the purpose of one of the Acts and how it applies to real estate.
The contribution of the Australian patent office is recognized in ensuring that the
trademarks of the members are protected from distortion by other people.
Australia consumer law, it may be providing some additional advantage to
marketing of real estate properties.
Using the example of discrimination laws, where there is legislation that is both
Commonwealth and State which Act takes precedence?
Human rights legislation Act
How would you ensure that you keep up to date with changes to legislation?