Chief Executive, Department of Justice and Attorney General v Savvas [2018] QCAT 88

CITATION: Chief Executive, Department of Justice and Attorney General v Savvas [2018] QCAT 88 PARTIES: Chief Executive, Department of Justice and Attorney General (Applicant) v Avraam Savvas (Respondent) APPLICATION NUMBER: OCR060-17 MATTER TYPE: Occupational regulation matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Member Holzberger DELIVERED ON: 2 February 2018 DELIVERED AT: Brisbane ORDERS MADE: 1. Avraam Savvas is disqualified from holding or obtaining a licence or certificate of registration under the Property Occupations Act 2014 (Qld) for a period of 5 years from the date of this order. CATCHWORDS: PROFESSIONS AND TRADES – AUCTIONEERS AND AGENTS – DISCIPLINARY PROCEEDINGS – where respondent previously granted residential letting licence – misapplication of trust property – short fall of trust funds – where the respondent concedes that disciplinary action can be taken – where the applicant and respondent are in agreement as to the appropriate sanction if disciplinary action is taken – where there has been no repayment of the amount misapplied – whether disciplinary action should be taken against the respondent – appropriate sanction Property Occupations Act 2014 (Qld), s 172, s 258 Property Agents and Motor Dealers Act 2000 (Qld), s 496 -- 1 of 3 -- 2 Chief Executive, Office of Fair Trading v Magnussen [2008] QCCT PAMD 23 This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act). REASONS FOR DECISION The Chief Executive, Department of Justice and Attorney General (the Chief Executive) has made application to the tribunal to conduct a disciplinary proceeding under the Property Occupations Act 2014 (Qld) (POA) against Avraam Savvas. On 13 July 2017, the Chief Executive and Mr Savvas filed joint submissions in the tribunal. In those submissions, Mr Savvas made a number of admissions in relation to his behaviour and the allegations made by the Chief Executive and agreed that the tribunal could take disciplinary action against him on the grounds particularised in paragraph 1. The matters giving rise to these proceedings occurred between December 2012 and July 2013. The POA commenced on 1 December 2014. If a ground for disciplinary action existed under the Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA), the Act which the POA replaced, action can be taken as if it was under PAMDA.1 The Chief Executive may start disciplinary proceedings by applying to the tribunal. There are three grounds for taking disciplinary actions suggested by the Chief Executive namely: a) Mr Savvas is not a suitable person to hold a licence;2 b) Mr Savvas has in carrying on a business or preforming an activity been incompetent or acted in an unprofessional way;3 c) An amount has been paid from the fund because Mr Savvas did or omitted to do something that gave rise to a claim against the fund.4 The Chief Executive relies on the witness statements of Darren Shane Pallot, acting Senior Investigation Officer with the Office of Fair Trading and Julie Ann Williams, the receiver and manager of Mr Savvas’ business. The matters set out in those witness statements are not disputed by Mr Savvas. I make the following findings of fact: 1 Property Occupations Act 2014, s 258. 2 Property Agents and Motor Dealers Act 2000, s 496(g)(i) 3 Ibid, s 496(g)(iii). 4 Ibid, s 496(d). -- 2 of 3 -- 3 a) Mr Savvas was granted a property agents and motor dealers licence (resident letting) on 12 February 2013; b) Mr Savvas took an assignment of existing caretaking and letting agreements for Panorama Tower on 11 December 2013; c) On 22 July 2013 Mr Savvas consented to the appointment of Julie Ann Williams as receiver and manager of his business and trust property; d) Ms Williams prepared an interim report dated 23 August 2013 and a final report dated 10 December 2014, which identified multiple instances of misapplication of trust property and concluded that the trust account was $4,303.82 in deficit; and e) Mr Savvas mismanagement of the trust account gave rise to 27 payments being made from the claim fund. I conclude from those findings that grounds exist for taking disciplinary action against Mr Savvas under sections 496(g)(i), 496(g)(ii) and 496(2)(d) of PAMDA. Both the Chief Executive and Mr Savvas agree that the appropriate sanction is to disqualify Mr Savvas from holding a licence for a period of five years. The Chief Executive accepts that Mr Savvas’ application of trust property was not fraudulent but rather arose from his inexperience. It is noted that Mr Savvas has not made restitution. He is currently bankrupt. The Chief Executive refers the tribunal to the decision of, Chief Executive, Office of Fair Trading v Magnussen [2008] QCCT PAMD 23. Similar to this case, the misapplication in that case was not fraudulent but rather reckless. I accept the sanctions proposed by the parties in joint submissions are appropriate in all the circumstances. Accordingly, I order that Mr Savvas be disqualified from holding or obtaining a licence or certificate of registration under the Property Occupations Act 2014 (Qld) for a period of five years from the date of this order. -- 3 of 3 --