Professional Misconduct

API Complaint Procedures

The Complaints Policy provides an individual or entity the opportunity to bring to the attention of the Australian Property Institute Limited (the API) circumstances which may give rise to a finding of professional misconduct against an API Member. The issues will be raised by lodging a complaint with the API through completing the Particulars of Complaint Form and submitting all evidence to substantiate the allegation(s) made. The individual or entity who lodges a complaint will be known as the Complainant.

Prior to lodging a complaint with the API, it is expected that the API Member be given an opportunity to address the conduct which is of concern.

Once a complaint has been lodged with the API, the API appointed Complaints Officer will undertake a preliminary assessment in the first instance and will process the matter in accordance with the API complaints handling process framework (below), followed by a substantive investigation into the conduct of the Member in accordance with the Complaints Policy.

Should you have any questions relating to the process prior to lodging a complaint or your set of circumstances, please log an enquiry where our team may be able to assist you.

Should you have any questions relating to the complaints process after lodging a complaint, please contact the Complaints Officer at complaints@api.org.au.

Before you lodge a complaint

Before you lodge a complaint with the API, we ask that you consider the below questions:

Is the valuer an API Member?

If the valuer is not an API Member, the API does not have the authority to investigate the conduct of this individual.

Are you the instructing party for the professional service provided by an API Member?

If you are the instructing party, please ensure you provide the Member an opportunity to address and/or rectify the issues of concern before lodging a complaint.

 

If you are not the instructing party, does the purpose of the professional service relate to:

  • Mortgage security: Have you raised the issue with your broker or lender?
  • Family court dispute: Have you raised the issue with your legal representative?
  • Statutory assessment for rating and taxing purposes: Have you followed the dispute resolution process or object process set out by the rating and taxing authority?
Have you obtained an independent valuation report if you are not the instructing party?

If you have not instructed the valuer to undertake professional services and you are disputing the valuation report obtained by another party to the dispute, we suggest you obtain an independent valuation report to ensure that both parties to the dispute are able to commence discussions and negotiations with market evidence and knowledge prepared by the valuer.

Please note that the list above is not an exhaustive list. If you are unsure as to what options may be available to you in your set of circumstances, please log an enquiry where our team may be able to assist you.

API Jurisdiction

The API has no authority or Jurisdiction to:

  • determine negligence;
  • assess the accuracy of a valuation;
  • investigate or determine the outcome of a dispute, or difference of opinion between a Complainant and a Member as to the assessed Market Value, Market Rent or any other International Valuation Standards basis of value;
  • request an amendment to be made to the report;
  • order a Member to provide a refund of fees or reimbursement of professional fees to a Complainant;
  • award any form of compensation to any parties subject to a complaint;
  • investigate a complaint lodged where legal avenues of redress should be or are being pursued; and
  • overturn any decision made by courts, tribunals, other associations or regulator bodies when investigating a complaint.

If the alleged Professional Misconduct or the Member who is subject of a complaint is the subject to current proceedings before a court, tribunal, state licensing body, or other bodies, the API investigation will be suspended pending the outcome of those proceedings and any appeal of those proceedings.

 

How to lodge a complaint

In order to lodge a complaint against an API Member with the API, you must ensure you complete the Particulars of Complaint Form, in full. API Members must conduct themselves in accordance with the Code of Professional Conduct.

Supporting evidence is crucial to the complaint lodged by you. For the API to properly consider your complaint, you must ensure you provide all relevant evidence in support of the allegation(s) raised by you against the Member.

Examples of supporting evidence include, but are not limited to:

  • any correspondence (including emails) relating to this matter;
  • instructions provided;
  • retainer agreements;
  • valuation report(s); and
  • any other relevant documentation to support your allegation(s).

What happens after you lodge a complaint

After you lodge the Particulars of Complaint Form and all supporting evidence you wish to rely on, the API appointed Complaints Officer will process the matter in accordance with the Complaints Policy.

Please see the API complaints handling process below:

 

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