The Australian Property Institute (W.A. Division) (API WA) can only investigate a complaint against a member if it falls within the categories set out in Clause 8 and 9 of its Constitution and Section 22 of the By-Laws. As membership of the Institute is on an individual and not corporate basis, we cannot accept a complaint against a firm. Should a complaint be made against a Member of the Institute a formal procedure must be followed.
A Complaints Particulars Form must be completed and will be used to support any comments contained in a letter of complaint.
- Complaints Particulars Form
- Code of Ethics
- Rules of Conduct
- Clause 8 – Fundamental Rules
- Clause 9 – Complaints
- Section 22 – Complaints
API WA is obliged to make available to both the member concerned and the complainant any documents lodged in support of a complaint. This means that API WA cannot accept confidential material.
The Divisional Complaints Officer investigates the complaint and refers the completed investigation to the Divisional Complaints Chairman who appoints a panel to determine if a prima facie case exists against the Member.
In accordance with By Law 22.3 “if any party to a complaint, initiates or advises of an intent to initiate civil or criminal proceedings against any other party to the complaint, or legal proceedings that involve the matter of the complaint are instigated by any party the Institute complaints procedure shall be suspended until these civil or criminal proceedings are finalized.”
In summary if any legal proceedings are in place or to be initiated the Institute must be advised accordingly.