We have reacted to a letter received from the Minister for Better Regulation and Innovation Kevin Anderson dated 7/09/2020. Further below is an extract taken from the letter. It confirms that NSW Licensees have an obligation under the Property and Stock Agents Act 2002 (including the Secretary’s Supervision Guidelines) to establish and monitor procedures, consistent with the Work Health and Safety Act 2011 - for all properties under their management.
AgentSafe for Real Estate has developed two checklists. One is the “Workplace Safety Checklist”- which can be used to help Licensees and employees identify workplace hazards and control risks at the property. The other is the “Property Safety Requirements Checklist” or better known as the PSR Checklist – which can be used to help meet property safety requirements on behalf of property owners – including owners corporations.
If you wish to use your mobile device to fill out a checklist, you will need to download a pdf app on your phone or tablet. There are some really good apps to fill pdf forms on Android and iPhone such as; PDF expert, PDF Max 5 Pro, Smart Forms, Adobe Fill & Sign and GoodNotes 4.
Section 32(1) of the Act imposes a duty on licensees in charge to properly supervise the business. Under sections 32(3)(b) and 32(3)(c) of the Act, this requires procedures to be established and business conduct monitored to ensure compliance with the Act and any other laws relevant to the business. Accordingly, there is an obligation on licensees in charge to establish and monitor procedures consistent with the Work Health and Safety Act 2011 (Cth) for all properties under their management, as that Act applies to the business of a licensee.
Further, the Secretary’s Supervision Guidelines require principal licensees to prepare and maintain operational procedures to ensure the proper supervision of business processes and compliance with relevant laws by staff in their employment. Compliance with this obligation includes ensuring appropriate document and records management systems are in place.