Demonstrating remorse for dishonest actions
In Gambino v Commissioner for NSW Fair Trading , the agent was convicted of dishonestly obtaining financial advantage by deception, as well as an assault.
He was a real estate agent for over 30 years.
Applying the tests of honesty, knowledge and ability, the Tribunal found the agent was not a fit and proper person to hold a real estate licence. They determined his conduct demonstrated he lacked the honesty to execute the office of a real estate agent without malice, affection or partiality.
The Tribunal did say a criminal conviction on its own wasn't enough to determine whether an agent is a fit and proper person. But, in this case, the dishonest nature of the crimes and the agent's lack of responsibility was a decisive factor.