Complaints
Make a complaint against a registered valuer, specialist retail valuer, or person holding themselves out to be a valuer
As Queensland’s property valuation regulator, the Board’s jurisdiction to receive complaints and initiate disciplinary action against valuers is an imperative function in protecting public interests and maintaining public confidence in the valuation profession.
In communicating the outcome of a complaint to a complainant, the Information Privacy Act 2009 (Qld) allows the Board to advise once a determination regarding a complaint has been made and confirm that the Board followed its policy and processes in reaching its decision. The Information Privacy Act 2009 (Qld) restricts the Board from providing additional information regarding the complaint outcome. Some complainants may expect a detailed explanation of the Board’s determination, however, the Information Privacy Act 2009 (Qld) does not allow the Board to provide this.
Specifically, Information Privacy Principle 11 contained within schedule 3 of the Information Privacy Act 2009 (Qld) outlines the Limits of Disclosure for personal information that the Board must abide.
The legislation does provide a list of exceptions to this requirement, however, for the purposes of providing personal information relating to complaint outcomes, this would generally require the consent of the individual subject to the complaint.
While the Board is unable to provide details of specific complaint outcomes, when considering a complaint matter some of the outcomes that the Board may consider could include: –
- The Board may dismiss a complaint if it is considered frivolous or vexatious.
- If a complaint is not considered frivolous or vexatious, the Board may identify complaints where the most practical way to address concerns is to adopt an educational approach and engage with the valuer in question to increase their understanding of specific obligations and standards required. In some cases the Board might consider this sufficient action to drive positive change and it may determine not to take any additional action and dismiss the complaint.
- The Board could also choose to refer the matter to an investigator to provide a report to the Board. On receipt of the report the Board could then either refer the matter to QCAT to make a determination, or it could take disciplinary action itself, or it could choose to take no further action in the matter.
Persons who may lodge a complaint
The Valuers Registration Act 1992 (the Act) permits a person aggrieved by the conduct of a registered valuer to lodge a complaint with the Board. A complaint can also be lodged against an unregistered person.
If an aggrieved person believes that a valuer has engaged in:
- professional misconduct; or
- incompetence or negligence in their performance as a valuer; or
- has breached the code of professional conduct; or
- that a specialist retail valuer has breached a provision of the Retail Shop Leases Act 1994,
and that conduct has adversely affected the person’s special interest, a complaint may be made to the Board regarding the valuer’s conduct.
Where a complainant is not a person aggrieved, the Board has jurisdiction to authorise an investigation of conduct of a registered valuer or unregistered person where it suspects, on reasonable grounds that the person has contravened the Act or Valuers Registration Regulation 2013.
Who must the complaint be against
The Board has jurisdiction to investigate complaints against Queensland registered valuers, listed specialist retail valuers and unregistered persons.
Important considerations
- The Board does not have jurisdiction to; award damages; settle commercial disputes; act as an arbitrator or mediator of a dispute between parties to a valuation; or to order a valuation be set aside or re-determined.
- The Valuers Registration Act 1992 (the Act) does not authorise the Board to investigate a complaint about a disagreement over the quantum of a valuation. The Board is only authorised to consider a complaint about the conduct, behaviour or action of a registered valuer in a professional capacity.
- Complaints subject to previous review and determination by the Board may be dismissed if the complaint has previously been resolved.
- If there are existing or potential legal proceedings in which the valuation or the valuer the subject of the complaint are involved then, the Board has the discretion to place the complaint on hold until the finalisation of those proceedings.
- Complaints subject to previous review and determination by the Board may be dismissed if the complaint has previously been resolved.
- The Board imposes no time limit for making a complaint against registered valuers, however, it is unlikely to exercise its discretion under the Act to authorise an investigation of conduct where the subject matter of the complaint arose more than two years before the date a complaint is lodged with the Board.
- Complaints received by the Board are managed in accordance with the Complaints and Disciplinary Proceedings Policy (POL-1) and Procedure (PRO-1).
How complaints and notifications are managed
Complaints and Disciplinary Proceedings Policy and Procedure
The Complaints and Disciplinary Proceedings Policy (POL-1) and Procedure (PRO-1) sets out the policy used by the Board in dealing with complaints made against registered valuers, specialist retail valuers, or persons holding themselves out to be valuers in Queensland pursuant to the Valuers Registration Act 1992 and the Valuers Registration Regulation 2013.
It also seeks to provide guidance to the Board, registered valuers and the public on how complaints will be managed and disciplinary proceedings will be conducted, in addition to ensuring consistency in the effective treatment of matters before the Board.
Complaints forms
Form detail | Form |
Lodging a complaint against a registered valuer | Complaint Form-1 |
Lodging a complaint against a specialist retail valuer | Complaint Form-2 |
Lodging a complaint against an unregistered person holding themselves out as a valuer | Complaint Form-3 |
Make a complaint against the Valuers Registration Board of Queensland
If you have a complaint or other feedback, please:
- tell us about any problems as soon as possible
- provide us with details of your concern – describe the issue and tell us everything that’s relevant. This might include dates, times, what action has been taken so far and any supporting information. Also make sure you tell us what outcome you’re seeking or the action you want us to take.
You can make a complaint or provide feedback by:
- emailing admin@vrbq.qld.gov.au
- visiting our office or speaking with staff
- writing to PO Box 15877, CITY EAST QLD 4002
If you are not satisfied by the outcome of your complaint, you can request the decision be reviewed by the Queensland Ombudsman who has been established to receive complaints about the actions and decisions of state government departments and agencies (including the Board).