CPPREP4002 - Prosecution Report v1.0

CPPREP4002 - Access and interpret ethical practice in real estate (Release 1)
Prosecution Report
Prosecution Report
Page | 1 of 9
© Real Estate Academy Australia
RTO 32436 Version 1.1 – February 202
Prosecution Report
What you need to do:
Answer the questions below by writing in the space provided.
You are required to answer all questions correctly. If correct, you will see
‘Satisfactory’ or if incorrect you will see ‘Not Satisfactory’ in your grades section of
your learner portal next to the assessment name. The assessor will provide
feedback and a Record of Results in the assessment task once graded. You will be
required to resubmit your work for any ‘Not Satisfactory’ assessment tasks.
What you will need:
Use the learner material provided in your online student portal as well as research
materials such as books, internet, magazines, workplace documentation etc. to
assist you in gaining the knowledge required to answer the questions. Remember
that the assessment is completely self-paced and open book, so you are able to use
whatever resources you have to answer the questions.
What you need to submit:
Your answers to these questions.
How to Submit your Assessment:

Upload your completed document into your learner portal as per the instructions with
the assessment task.
You can drag and drop the file into the window or use the add file icon in the top left
of the submission window and select the file you wish to upload by using the
browse/choose file option.
Click on “finish attempt” to submit it for grading.
Page | 2 of 9
Prosecution Report
Part 1 - Description
Write a short description of the unethical practice that has occurred.
An unethical practice is any action at work that goes against the moral norms of
a community. At work unethical behaviour can take multiple forms. For
example, QHG used their position within property transactions to manipulate
the investor purchasers for their own gain. They displayed unethical practices
by not disclosing their commercial associations with the property managers.
Then chose to inflict excessive financial repercussions on those who chose a
differing manager. Additionally, they pressured and bargained with clients all
with the foal to have the, use their managers for financial gain.
Page | 3 of 9
Prosecution Report
Part 2 - Explanation of Unethical Practice

Refer to the information in the learner guide regarding consumer protection and in
100 – 200 words provide an explanation of how the unethical practice relates to
consumer protection requirements within consumer protection legislation.
The unethical practice

relates to a breach of section
21 of the Competition and
Consumer Act 2010 (Cth)
for unconscionable conduct.
The ACCC was established
to
promote competition and fair
trading in the marketplace to
benefit consumers and
prevent unfair trade practices
in the agencies.
These unethical practices
breach this legislation and
Page | 4 of 9
Prosecution Report
are unconscionable
by:
o Knowingly taking
advantage of a superior
bargaining position
o Issuing letters which
make deliberate false
representations
o Not disclosing
commercial associations to
investors
o Unilaterally imposing
accreditation guidelines on
investors; and
o Threatening investors
who had not changed to
Page | 5 of 9
Prosecution Report
QHG's preferred property

Manager
Consumer protection law is an area of law that regulates relationships between
individual consumers and the businesses that sell them goods and services.
Consumer protection covers a wide range of topics including, but not
necessarily limited to, product liability, privacy rights, unfair business practices,
fraud, misrepresentation, and other consumer / business interactions. The
unethical practice relates to a breach of section 21 of the Competition and
Consumer Act 2010 (Cth) for unconscionable conduct. The ACCC was
established to promote competition and fair trading in the marketplace to
benefit consumers and prevent unfair trade practices in the agencies. These
unethical practices breach this legislation and are unconscionable by knowingly
taking advantage of a superior bargaining position, issuing letters which make
deliberate false representations, not disclosing commercial associations to
investors, unilaterally imposing accreditation guidelines on investors and
threatening investors who had not changed to QHG's preferred property
Managers
Page | 6 of 9
Prosecution Report
Part 3 - Legislation / Standards

Refer to the relevant legislation and industry standards of conduct in your
state/territory then provide an explanation of real estate ethical standards and codes
of conduct or codes of practice that were breached in this prosecution case, include
actions that could have been applied and would demonstrate ethical practice.
The ethical standards that have been breached in this circumstance relate to
unconscionable conduct, engaging in misleading conduct and maintaining a
beneficial interest in the transactions that took place. Some of these actions
could have been fixed by the agents providing their customers with the
appropriate disclosure on the arrangements and the commercial incentives
that they were receiving. Other actions should not have been completed.
such as taking advantage of a superior bargaining position and issuing
letters knowingly with false representations
The ethical standards that have been breached in this circumstance relate to
unconscionable conduct, engaging in misleading conduct and maintaining a
beneficial interest in the transactions that took place. Some of these actions
could have been fixed by the agents providing their customers with the
appropriate disclosure on the arrangements and the commercial incentives
that they were receiving. Other actions should not have been completed.
such as taking advantage of a superior bargaining position and issuing
letters knowingly with false representations.
Sourced from Property Occupations Act 2014
Page | 7 of 9
Prosecution Report
Part 4 - Discrepancies
Discuss the options available to respond to a discrepancy between unethical practice
and ethical practice standards. In your answer refer include sources of specialist
advice.
In cases where there may be

a discrepancy between
unethical practice and ethical
practice standards it is best
to consult with a source of
specialist advice. This will
prevent any uncertainties
and give guidance on the
best way in which to
proceed.
Sources of specialist advice
may include:
-The REIQ
-The ACCC
Page | 8 of 9
Prosecution Report
-Law firms specialising in

the real estate industry
-The Office of Fair-Trading
QL
In cases where there may be a discrepancy between unethical practice and
ethical practice standards it is best to consult with a source of specialist advice.
This will prevent any uncertainties and give guidance on the best way in which
to proceed. Sources of specialist advice may include the REIQ, ACCC, Law
firms specialising in the real estate industry and The Office of Fair-Trading
QLD.
Page | 9 of 9

CPPREP4002 - Prosecution Report v1.0

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CPPREP4002 - Prosecution Report v1.0

Uploaded by

Copyright:

Available Formats

CPPREP4002 - Access and interpret ethical practice in real estate (Release 1)

What you need to do:

Answer the questions below by writing in the space provided.

What you will need:

What you need to submit:

Your answers to these questions.

How to Submit your Assessment:

Click on “finish attempt” to submit it for grading.

Part 2 - Explanation of Unethical Practice

The unethical practice

QHG's preferred property

Part 3 - Legislation / Standards

Sourced from Property Occupations Act 2014

In cases where there may be

-Law firms specialising in

You might also like