Agency Practice

Queensland Readies for Commencement of Mandatory Professional Development 

Continued Professional Development (CPD) starts on 6 June 2025 for all Queensland:

• Real estate salespeople and property managers
• Auctioneers
• Resident letting agents

An advisory panel has been set up which will decide initial requirements and the mandatory training topics for the first year. CPD training will only be able to be provided by eligible organisations that have had sessions approved by the Office of Fair Trading. 

What else?

• Your CPD year will be linked to the issue date of your first license or certificate
• Office of Fair Trading will let you know which CPD training topics get approved
• More information will be coming about how to inform OFT when you have completed your annual CPD

Guidance on Privacy and the Use of AI Products

Top 5 ‘need to know’

1. Privacy obligations apply to any personal information input into an AI system, and the output generated
2. Businesses should update their privacy policy with clear information about their use of AI
3. Any AI system generating or inferring personal information must comply with Australian Privacy Principle 3 (APP3)
4. If personal information is being put into AI system, APP6 requires agents only disclose information for the primary purpose it was collected 
5. As a matter of best practice, OAIC recommends organisations do not enter personal information into publicly available AI tools

1. Entering personal information into AI chatbots: 

Imagine an agent enters a client’s personal details into a chatbot to draft a property description, or uploads a detailed complaint from a tenant and asks the bot to write a response. The chatbot company can access this data, which might be a privacy breach. Or chatbot company might later be involved in a hacking incident and embarrassing or highly damaging private information could be divulged. Avoid entering client information into public chatbots.

2. Using AI to analyse client data without consent: 

An agency has customer data they want to use with an AI system to give tailored marketing recommendations. If collecting data for this purpose wasn't stated upfront, using the data in this new way might breach privacy. Always get consent for new ways of using client data.

3. Sharing property details without consent: 

An agent uses AI to generate a virtual tour of a property, including images of the owner’s belongings. Sharing this without the owner’s consent could breach privacy. Always get consent before sharing any content that includes personal information.

For logged in ChatGPT users:

1. Click on your profile icon located at the bottom left corner
2. Select ‘Settings’ 
3. Click on ‘Data Controls’
4. Locate ‘Chat History & Training’
5. Toggle this setting off to disable chat history and prevent your conversations from being used for model training

For users of other Large Language Models (LLMs), ask the bot itself for instructions on how to assure your chats remain private.

• Data Retention: Even with chat history disabled, OpenAI retains new conversations for 30 days to monitor for abuse before permanently deleting them. 
• Chat History Visibility: Disabling chat history means your conversations won't appear in the history sidebar, and you won't be able to revisit them later.
• Business Accounts: OpenAI is developing a ChatGPT Business subscription that will follow the API data usage policies, ensuring end users' data isn't used to train models by default. 

Melanie Poole - NSW Landlords: 

No More ‘No Grounds’ Terminations – What You Need to Know

As part of the upcoming changes to NSW tenancy laws, landlords will no longer be able to issue ‘no grounds’ termination notices for periodic tenancies or end of fixed term tenancies. This amendment was designed to address tenant concerns about transparency and perceived unfair terminations.

Moving forward (on a date yet to be confirmed), landlords must follow prescribed grounds to terminate tenancies, such as:

• Breach of tenancy agreement
• Actual or proposed sale of the property
• Significant renovations, demolition, or repurposing of the premises
• Landlord or family member moving in
• Tenant no longer qualifying for housing programs (e.g., affordable housing or student accommodation)

📜 Supporting documents will most likely be required, such as renovation plans, contracts of sale, or evidence of family moving in. Terminating a tenant is a big deal, so they must be accurate and issued only when you’re certain you’re ready to proceed.

🚫 Re-letting ‘exclusion periods’ will apply to some prescribed grounds, with penalties for re-letting too soon without approval so changing your mind or a change of circumstance may not be an option.

Proactive Steps to Protect Yourself

These changes may seem daunting, but landlords who already act ethically and responsibly have little to worry about. To ensure you’re prepared:

1. Invest in High-Quality Property Management

The right agent is the foundation of a stress-free tenancy.  Experienced agents understand what to look for when it comes to tenancy selection, they have better record keeping and they have better negotiation and management skills – traits that will minimize the risk of needing to terminate a tenancy or protect your rights in the event that you need to. 

2. Stay on Top of Inspections & Record Keeping

Detailed inspection reports and good record-keeping are invaluable if you need to terminate a tenancy for breaches. Document everything to make your case easier if you’re faced with a dispute.

3. Understand Why These Changes Are Happening

These amendments aim to address tenants’ concerns about being unfairly terminated, such as for reporting too many repairs or minor breaches. This highlights a broader issue: some landlords may not fully understand their own obligations, particularly around budgeting for repairs.

Landlords who already act ethically—who value their tenants and meet their obligations—likely won’t feel much impact from these changes. But for those who are uncertain, these reforms offer an opportunity to rethink expectations and improve practices.

4. Be Prepared When Issuing Notices

For prescribed reasons like moving in, selling, or renovating, make sure you’re 100% ready to proceed before issuing a termination notice. In the past, landlords may have issued notices prematurely, only to change their minds later. With the new laws, this approach could lead to serious consequences.

Looking Ahead

These changes are already passed through parliament, but details and timelines are still being finalised. 

This article is reproduced with the permission of Melanie Poole of FN Daystar (Revesby, NSW). Thank you, Melanie.

Victorian Government Cracks Down on Rent Increases and Minimum Standards

The Allan Government has announced it will introduce the Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill into the Victorian Parliament, delivering a raft of reforms and substantial penalties for non-compliance. 

One of the critical changes all Victorian property managers must be aware of is that when the reforms have been legislated, all rental properties must meet minimum standards BEFORE they are advertised. 

If you have so much as a broken lock during an advertised inspection, you could be liable for fines of up to $11,000 (individuals) and $59,000 (Companies).

Download our Change is Coming guide that tells you what you need to know now.