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As seen in the Source link, written by abc.net.au on 2019-10-28 17:56:15

Posted

October 28, 2019 17:56:15

A South Australian real estate agent who gained notoriety after appearing on Today Tonight has been banned for practising for six months and fined $7,500 for "unprofessional, offensive and abusive" behaviour.

Key points:

  • The District Court found Hayley Marley-Duncan was not a fit and proper person to be a real estate agent
  • She has been fined, banned from practising and will have to go undergo ethical and anger management training
  • She described the decision as a "joke"

Hayley Marley-Duncan has been ordered to undergo anger management training after calling one of her tenants a "Centrelink dweller" during a hearing at the South Australian Civil and Administrative Tribunal (SACAT), where she accused tribunal members of being "incompetent".

The District Court also heard she called police "lying corrupt maggots" on social media and disclosed personal information regarding her tenants to journalists at the site of a triple murder in Hillier, north of Adelaide.

She hurled abuse at a police officer at the murder scene.

Mrs Marley-Duncan — whose business in based in nearby Gawler — described the court's judgment as a "goddamn joke".

She plans to appeal the decision, and said she planned to stick by her tough approach to business.

"I stand by it because that's why people come to me," she told the ABC.

No insight into bad behaviour: judge

South Australia's Commissioner for Consumer Affairs commenced disciplinary proceedings against Mrs Marley-Duncan after numerous complaints about her conduct, according to a statement from the Attorney-General's Department.

In his judgment, Judge Paul Slattery said there was no justification for Mrs Marley-Duncan's behaviour, and that she failed to heed prior warnings about her "very serious" conduct.

"These proceedings have not led her to reflect on her behaviour, to gain any insight into her behaviour or to change it," he said.

"I have not been able to identify any indication of remorse, insight or steps taken to ensure that the behaviour is not repeated.

"She has shown that she is not a fit and proper person to be registered as an agent."

As well as her fine, ban and anger management course, Mrs Marley-Duncan will have to complete training in ethical behaviour and her responsibilities as a land agent.

"Regardless of whether or not you are a member of the Real Estate Institute of South Australia, there are clear rules that apply and clear expectations as to how you behave when conducting business," Commissioner for Consumer Affairs Dini Soulio said.

"All real estate agents are bound by the code of conduct, and are expected to act in an appropriate, professional manner.

"Her behaviour was unprofessional, offensive and abusive and I would hope that this outcome serves as a clear warning to all real estate agents and property managers to conduct themselves in a professional manner."

Agent featured on Today Tonight

Mrs Marley-Duncan featured in several episodes of Channel Seven show Today Tonight as "South Australia's most controversial real estate agent".

The "Hayley's Law" segments, produced by now Upper House MP Frank Pangallo, detailed disputes with tenants, landlords and another Gawler real estate agent.

She also complained about the SA Residential Tenancies Tribunal, a predecessor of SACAT.

"Why are we in society are expected to tolerate all these people doing the wrong thing and then we stand up for it and we get punished for it?" she said.

"How does that work? Who's protecting these landlords when their houses are completely trashed?

"This is all because I fought for my landlord and we won … If they don't pay, they're out — we evict them, they're gone."

Topics:

housing-industry,

law-crime-and-justice,

consumer-protection,

television-broadcasting,

states-and-territories,

gawler-5118,

adelaide-5000,

sa,

australia

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