Go back to the Professional Misconduct webpage
Step 1: Before you lodge a complaint
The API expects you have considered all the items listed below before lodging a complaint:
Is the individual an API Member?
If the individual is NOT an API member, the API does not have the authority to investigate the conduct of this individual.
Can the API consider the alleged misconduct?
The Complaints Committee has the authority to consider matters if the Member:
- commits a breach of the Code of Professional Conduct;
- commits a breach of the Rules of Professional Conduct;
- is found guilty by a court of law of a criminal offence which is punishable by imprisonment and the Board of the API (the Board) determines that their offence and the penalty imposed detrimentally impacts or has the potential to detrimentally impact on the good name and reputation of the API;
- engages in conduct which is dishonest or fraudulent;
- engages in conduct which is prejudicial to the good name and reputation of the API;
- obtained admission to the API by improper means.
The Complaints Committee does not have the authority to:
- determine negligence or 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 or Market Rent;
- request an amendment to be made to a 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;
- overturn any decision made by courts, tribunals, other associations or regulator bodies when investigating a complaint.
Are you the instructing party for the professional service provided by the 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?
- Chair Nomination: Have you sought professional advice on what dispute mechanism is available to you under the terms of your lease agreement?
Are there active proceedings on foot with another body?
If the alleged 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.
Have questions?
If you have any questions relating to the complaints handling process, please log an enquiry here.
If you have any questions relating to the facts and circumstances of your matter, you should seek professional advice, whether of legal nature or not.
