The Marvel Universe of NSW Strata Superheroes
But of all the superheroes, is this one just Ant Man ….
Another new initiative in NSW promises strata stakeholders much needed and overdue improvements in their dealings with strata managers and NSW Fair Trading. But, is it just another political stunt? Let’s hope not …
[6.25 minutes estimated reading time, 1226 words] - https://niram.org/read/
Are we about to see the emergence of a Marvel universe of property and construction superheroes for consumers in New South Wales?
After all NSW Fair Trading appointed the NSW Building Services commissioner in 2019 [see my article ‘The NSW Building Commissioner’s Hard Hat Brigade in Action’] and it has just announced it will also be appointing a NSW Property Services Commissioner soon too.
That makes 2 super public servants working for NSW property consumers.
The message from Kevin Anderson, the NSW Minister for Better Regulation and Innovation, even compares the two saying:
‘We are taking the same successful approach we did for the construction sector by appointing a Building Commissioner, and I’m confident that we can achieve the same positive outcomes for the property industry.’
But, details about the new position and the role of the new NSW Property Services Commissioner are scarce.
The Minister’s message says that the NSW Property Services Commissioner will sit outside NSW Fair Trading, report directly to the Minister, and, have main roles to:
recommend improvements to government services provided to agents, property service professionals, and consumers, and
identify ways to improve interactions with NSW Fair Trading.
You can read the Minister’s Message announcing this below.
There’s also a bit of reporting on the announcement as follows which you can read, but it doesn’t add much more.
From The Goulburn Phoenix, ‘New Property Services Commissioner for NSW’
From The Times [no, not that ‘Times’], ‘NSW Government to appoint Property Services Commissioner’
As you’ll see, the announcement hasn’t attracted the attention of the top end of the Australian media world.
Apply for the job
There’s a bit more information in the advertisement for applicants for the new role.
And, you can apply for the job here.
The role description says the following about its ‘dimensions’ –
‘This role has significant autonomy and is directly accountable to the Minister, Secretary, and the Property Services Expert Panel for the quality of outcomes and services and solutions provided in a challenging regulatory environment that impacts broadly and significantly. It is expected that key performance indicators and a workplan for the first 18 months will be discussed and agreed with the Secretary and the Minister. The incumbent provides guidance, information and advice to the Minister, Secretary, Panel, government agencies and others on NSW government policies and related activities and services to the property services industry. The incumbent develops strategic reforms in consultation with critical stakeholders, implements strategic directions and is highly accountable for all decisions and actions associated with their role.’
That’s revealing to me about the very limited scope of the role.
But, the pay is good.
Not the same as the NSW Building Commissioner
Despite the comparisons to the NSW Building Commissioner, this new role of NSW Property Services Commissioner is not the same or even equivalent.
The NSW Building Commissioner exists because of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 and is given special responsibilities and powers to do things under those laws. I outlined those things in my article ‘The NSW Building Commissioner’s Hard Hat Brigade in Action’.
The NSW Property Services Commissioner isn’t backed by any laws and as the job advertisement makes plain they are a government employee working for the Minister.
So, it’s a bit rich to compare the two roles as I don’t see this appointee visit strata buildings or manager’s offices to check on compliance or do any of the other things David Chandler OAM is doing.
Hopefully, I’ll be proved wrong about that.
Instead of a Property Services Council
Or, is this new role and appointment a way to avoid pressure on the New South Wales Government and Minister to do something else?
I wrote critically about the creation of Property Services Expert Panel in April 2021 [see my article ‘Don’t Panic: the Property Services Expert Panel is Here’ saying it was an industry-focused [and not consumer-focused] group. And, since the new NSW Property Services Commissioner is specifically tasked to work with them I’m wondering whether [in hindsight] that panel is also part of may also be part of this strategy.
You see REINSW has been pushing for some kind of independent review group for NSW property sector stakeholders for some time including pushing for the Property Services Council Bill 2021 that was introduced by the Shooters Fishers and Farmers Party into parliament in 2019 and reported as follows:
From the Property Tribune, ‘NSW Legislative Council passes Real Estate Commissioner legislation’
From Real Estate Business News, ‘Push for a property services commissioner makes headway’
REINSW also Expressing the view that if the Bill was passed into they could ‘say goodbye to NSW Fair Trading’. That’s a sentiment I’m sure many strata stakeholders may also share.
But, it seems to be going nowhere after being passed in the legislative council and does not have the support of the NSW Liberal government majority. You can read the Bill and see its progress here.
It’s also an interesting bill that proposes the following key things.
The creation of a Real Estate Services Council as an NSW Government agency that is to:
promote appropriate standards of conduct and competency for agents, and
protect the interests of persons who deal with agents, and
facilitate the resolution of disputes between agents and persons who deal with them.
The proposed Real Estate Services Council has functions to:
Provide advice, reports, or recommendations to the Minister about: the business of agents; education, training, and continuing professional development of agents; consumer protection; and; any other matter requested by the Minister;
Provide public information and guidance programs; and
Undertake other functions later conferred or imposed on it.
All that sounds pretty conventional and similar to what’s described for the Property Services Expert Panel and the NSW Property Services Commissioner.
But, have a look at what is proposed in the Bill about the composition of the Board of the Real Estate Services Council which is made up of.
1 person appointed by the Minister as the Chairperson of the Board
1 person appointed by the Minister from a panel of 3 persons nominated by the Owners Corporation Network of Australia Ltd,
1 person appointed by the Minister from a panel of 3 persons nominated by the Australian Consumers’ Association,
3 persons appointed by the Minister from a panel of 5 persons nominated by The Real Estate Institute of New South Wales Limited,
1 person appointed by the Minister from a panel of 3 persons nominated by the Australian Livestock and Property Agents Association Ltd,
1 person appointed by the Minister from a panel of 3 persons nominated by the Head of School, School of Built Environment, Faculty of Design, Architecture and Building, University of Technology Sydney (after consulting with the senior members of that school), and
the Real Estate Services Commissioner.
That makes it pretty obvious why many real estate and strata management stakeholders might not want that kind of Board running anything to do with property services regulation.
Conclusions
Hopefully, the new NSW Property Services Commissioner will be next in a line of New South Wales property sector superheroes fighting the property and strata sector consumer.
I have my doubts but will be glad to be proved wrong.
Time will tell.
June 22, 2021
Francesco ...