{"id":"land-valuers-act-1994","name":"Land Valuers Act 1994","slug":"land-valuers-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105702,"registerId":"sa-land-valuers-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Land Valuers Act 1994","content":"South Australia\nLand Valuers Act 1994\nAn Act to regulate land valuers; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tCommissioner to be responsible for administration of Act\n5\tQualifications required to carry on business as land valuer\n6\tIncorporated land valuer's business to be properly managed and supervised\n7\tCause for disciplinary action\n8\tComplaints\n9\tHearing by Tribunal\n10\tParticipation of assessors in disciplinary proceedings\n11\tDisciplinary action\n12\tContravention of orders\n13\tRegister of disciplinary action\n14\tCommissioner and proceedings before Tribunal\n15\tInvestigations\n16\tDelegation by Commissioner\n17\tAgreement with professional organisation\n18\tExemptions\n19\tLiability for act or default of officer, employee or agent\n21\tProsecutions\n22\tEvidence\n23\tAnnual report\n24\tRegulations\nSchedule 2—Transitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Land Valuers Act 1994.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nCommissioner means the Commissioner for Consumer Affairs;\ndirector of a body corporate includes—\n\t(a)\ta person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and\n\t(b)\tany person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act;\nland includes—\n\t(a)\tan interest in land; and\n\t(b)\tan exclusive right (whether deriving from the ownership of a share or interest in a body corporate or partnership or arising in some other way) to the separate occupation of land or a building or part of a building;\nland valuer means a person who carries on a business that consists of or involves valuing land, and includes a person who formerly carried on such a business;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n4—Commissioner to be responsible for administration of Act\nThe Commissioner is responsible, subject to the control and directions of the Minister, for the administration of this Act.\n5—Qualifications required to carry on business as land valuer\nA natural person must not carry on business, or hold himself or herself out, as a land valuer unless he or she—\n\t(a)\tholds the qualifications required by regulation; or\n\t(b)\thas been licensed as a land valuer under the repealed Land Agents, Brokers and Valuers Act 1973.\nMaximum penalty: $20 000.\n6—Incorporated land valuer's business to be properly managed and supervised\nA land valuer that is a body corporate must ensure that the valuer's business is properly managed and supervised by a natural person who—\n\t(a)\tholds the qualifications required by regulation; or\n\t(b)\thas been licensed as a land valuer under the repealed Land Agents, Brokers and Valuers Act 1973.\nMaximum penalty: $20 000.\n7—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a land valuer if—\n\t(a)\tthe land valuer has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or\n\t(b)\tthe land valuer or any other person has acted unlawfully, improperly, negligently or unfairly in the course of conducting, or being employed or otherwise engaged in, the business of the land valuer.\n\t(2)\tDisciplinary action may be taken against each director of a body corporate that is a land valuer if there is proper cause for disciplinary action against the body corporate.\n\t(3)\tDisciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented that act or default.\n\t(4)\tThis section applies in relation to conduct occurring before or after the commencement of this Act.\n8—Complaints\nThe Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Act.\n9—Hearing by Tribunal\n\t(1)\tOn the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Act.\n\t(2)\tWithout limiting the usual powers of the Tribunal, the Tribunal may during the hearing—\n\t(a)\tallow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and\n\t(b)\tallow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.\n10—Participation of assessors in disciplinary proceedings\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of—\n\t(a)\tpersons representative of land valuers; and\n\t(b)\tpersons representative of members of the public who deal with land valuers,\nwho have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Act.\n\t(2)\tIn any proceedings under this Act, the Tribunal may, if the President so determines, sit with 1 or more assessors from the panel.\n\t(3)\tIn this section—\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.\n11—Disciplinary action\n\t(1)\tOn the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following:\n\t(a)\treprimand the person;\n\t(b)\timpose a fine not exceeding $20 000 on the person;\n\t(c)\tprohibit the person from carrying on the business of a land valuer;\n\t(d)\tprohibit the person from being employed or otherwise engaged in the business of a land valuer;\n\t(e)\tprohibit the person from being a director of a body corporate that is a land valuer.\n\t(2)\tThe Tribunal may—\n\t(a)\tstipulate that a prohibition is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of stipulated conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.\n\t(3)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n12—Contravention of orders\n\t(1)\tIf a person carries on the business of a land valuer in contravention of an order of the Tribunal, the person is guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\n\t(2)\tIf a person—\n\t(a)\tis employed or otherwise engages in the business of a land valuer; or\n\t(b)\tbecomes a director of a body corporate that is a land valuer,\nin contravention of an order of the Tribunal, that person and the land valuer are each guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 6 months.\n13—Register of disciplinary action\n\t(1)\tThe Commissioner must keep a register of disciplinary action taken against a person under this Act and must make a note on the register of any assurance accepted by the Commissioner under the Fair Trading Act 1987 in relation to a land valuer.\n\t(2)\tA person may inspect the register on payment of the fee fixed by regulation.\n14—Commissioner and proceedings before Tribunal\n\t(1)\tThe Commissioner is entitled to be joined as a party to any proceedings of the Tribunal under this Act.\n\t(2)\tThe Commissioner may appear personally in any such proceedings or may be represented at the proceedings by counsel or a person employed in the Public Service.\n\t(3)\tSubsection (1) applies in addition to section 53 of the South Australian Civil and Administrative Tribunal Act 2013.\n15—Investigations\nThe Commissioner of Police must, at the request of the Commissioner, investigate and report on any matter relevant to a matter that might constitute proper cause for disciplinary action under this Act.\n16—Delegation by Commissioner\n\t(1)\tThe Commissioner may delegate any of the Commissioner's functions or powers under this Act—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being holding a specified position in the Public Service; or\n\t(c)\tto any other person under an agreement under this Act between the Commissioner and an organisation representing the interests of land valuers.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the Commissioner from acting in any matter.\n17—Agreement with professional organisation\n\t(1)\tThe Commissioner may, with the approval of the Minister, make an agreement with an organisation representing the interests of land valuers under which the organisation undertakes a specified role in the administration or enforcement of this Act.\n\t(2)\tThe agreement—\n\t(a)\tmust be in writing and executed by the Commissioner and the organisation; and\n\t(b)\tmay contain delegations by the Commissioner of functions or powers under this Act or the Fair Trading Act 1987; and\n\t(c)\tmust set out any conditions governing the performance or exercise of functions or powers conferred on the organisation; and\n\t(d)\tmust make provision for the variation and termination of the agreement by the Commissioner with the approval of the Minister or the organisation.\n\t(3)\tThe Commissioner may not delegate for the purposes of the agreement—\n\t(a)\tpower to request the Commissioner of Police to investigate and report on matters under this Act;\n\t(b)\tpower to commence a prosecution for an offence against this Act.\n\t(4)\tA delegation by the Commissioner for the purposes of the agreement—\n\t(a)\thas effect subject to the conditions specified in the agreement; and\n\t(b)\tmay be varied or revoked by the Commissioner in accordance with the terms of the agreement; and\n\t(c)\tdoes not prevent the Commissioner from acting in any matter.\n\t(5)\tThe Minister must, within six sitting days after the making of the agreement, cause a copy of the agreement to be laid before both Houses of Parliament.\n18—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n19—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person carrying on a business will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n21—Prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced within two years after the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years after that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n22—Evidence\n\t(1)\tAn allegation in a complaint that a person did not, on a specified date, hold the qualifications required by regulation for carrying on business as a land valuer will be taken to be proved in the absence of proof to the contrary.\n\t(2)\tIn any proceedings, a certificate executed by the Commissioner certifying that a person was or was not licensed as a land valuer under the repealed Land Agents, Brokers and Valuers Act 1973 constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n23—Annual report\n\t(1)\tThe Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.\n\t(2)\tThe Minister must, within six sitting days after receipt of the report, cause a copy of the report to be laid before each House of Parliament.\n24—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire land valuers to comply with a code of conduct;\n\t(b)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(c)\timpose a penalty (not exceeding $2 500) for contravention of, or non-compliance with, a regulation.\n\t(3)\tThe regulations may operate by reference to a specified code as in force at a specified time or as in force from time to time.\n\t(4)\tIf a code is referred to in the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.\nSchedule 2—Transitional provisions\n(1)\tIf, under Schedule 2 subclause (1) as in force immediately before the commencement of this subclause, an order had effect as if it were an order of the Administrative and Disciplinary Division of the District Court, the order will, on and from that commencement—\n\t(a)\thave effect under this Act as if it were an order of the Tribunal; and\n\t(b)\tbe subject to the same terms and conditions as applied immediately before that commencement.\n(2)\tA reference in an Act or other instrument to a licensed land valuer will be taken to be a reference to a land valuer acting lawfully under this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n91\n Land Valuers Act 1994\n15.12.1994\n1.6.1995 (Gazette 25.5.1995 p2198)\n1998\n21\n Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998\n2.4.1998\nPt 7 (ss 20 & 21)—28.5.1998 (Gazette 28.5.1998 p2292)\n1998\n22\n Statutes Amendment (Consumer Affairs) Amendment Act 1998\n2.4.1998\n2.4.1998\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 32 (s 62)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 26 (ss 142 to 151)—4.10.2018 (Gazette 28.6.2018 p2618)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nCourt\ndeleted by 51/2017 s 142(1)\n4.10.2018\nTribunal\ninserted by 51/2017 s 142(2)\n4.10.2018\nss 5 and 6\namended by 21/1998 Sch cl 5 as substituted by 22/1998 s 3\n28.5.1998\ns 8\namended by 51/2017 s 143\n4.10.2018\ns 9\n\n\ns 9(1)\namended by 51/2017 s 144(1)\n4.10.2018\ns 9(2)\namended by 51/2017 s 144(2)\n4.10.2018\ns 10\namended by 21/1998 s 20\n28.5.1998\n\nsubstituted by 51/2017 s 145\n4.10.2018\ns 11\n\n\ns 11(1)\namended by 21/1998 Sch cl 5 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 51/2017 s 146(1)\n4.10.2018\ns 11(2)\namended by 51/2017 s 146(2)\n4.10.2018\ns 12\n\n\ns 12(1)\namended by 21/1998 Sch cl 5 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 51/2017 s 147(1)\n4.10.2018\ns 12(2)\namended by 21/1998 Sch cl 5 as substituted by 22/1998 s 3\n28.5.1998\n\namended by 51/2017 s 147(2)\n4.10.2018\ns 14\n\n\ns 14(1)\namended by 51/2017 s 148(1)\n4.10.2018\ns 14(3)\ninserted by 51/2017 s 148(2)\n4.10.2018\ns 20\ndeleted by 16/2013 s 62\n17.6.2013\ns 24\n\n\ns 24(2)\namended by 21/1998 Sch cl 5 as substituted by 22/1998 s 3\n28.5.1998\nSch 1 before deletion by 51/2017\n\n\nscl (5)\namended by 21/1998 s 21\n28.5.1998\nSch 1\ndeleted by 51/2017 s 149\n4.10.2018\nSch 2\n\n\nscl 1\nsubstituted by 51/2017 s 150\n4.10.2018\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017, Pt 26\n151—Transitional provisions\n\t(1)\tA right to lodge a complaint under section 8 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be lodged with the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(2)\tA decision or order of the Administrative and Disciplinary Division of the District Court under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal.\n\t(3)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\n\t(4)\tA member of each panel of persons who may sit as assessors established under Schedule 1 of the principal Act (as in existence immediately before the relevant day) ceases to hold office on the commencement of this subsection and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time.\n\t(5)\tIn this section—\nprincipal Act means the Land Valuers Act 1994;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—28.5.1998\n\n17.6.2013\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the legislation was not available for analysis due to a broken URL following a website migration on 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 'Page Not Found' error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Land Valuers Act 1994 governs the professional practice of land valuation in South Australia: who may call themselves a land valuer, how licences are obtained and maintained, expected professional conduct, and penalties for breaches. It affects valuers, property owners, businesses and government agencies that rely on formal property valuations. To read the current text, search “Land Valuers Act 1994” at www.legislation.sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose—regulating land valuers, setting qualification/supervision requirements, and providing disciplinary mechanisms. Subsequent amendments have mainly updated forums and procedures (for example, moving enforcement to the South Australian Civil and Administrative Tribunal), clarified director liability, and provided administrative flexibility (delegations and agreements with professional organisations). Those changes alter process and oversight but do not expand the substantive regulatory scope beyond regulating conduct, qualifications and discipline of land valuers."},"complexity_factors":["Relatively short Act (about 24 substantive sections) with focused subject matter (valuation regulation)","4 defined key terms in interpretation (Commissioner, director of a body corporate, land, land valuer, Tribunal)","Multiple cross‑references to other legislation (Fair Trading Act 1987, South Australian Civil and Administrative Tribunal Act 2013, repealed 1973 Act)","Several conditional delegation and agreement provisions with limits and procedural safeguards (s16–17)","Nested disciplinary options and sentencing regimes (civil fines, prohibitions, criminal penalties; see ss11–12)","Evidentiary presumptions that shift burden in proceedings (s22)","Regulations may import a separate code of conduct by reference and impose additional penalties (s24)","Transitional provisions and historical amendments changing forum from District Court to Tribunal (Schedule 2 and legislative history)"],"plain_english_summary":"**What this law does, in plain English**\n\n- It sets minimum legal rules for people and companies who carry on a business valuing land (\"land valuers\"). At its core the Act:  \n  - requires individual valuers to hold specified qualifications (or to have been licensed under the older 1973 Act) (s5);  \n  - requires corporate valuers to have their business managed and supervised by a qualified natural person (s6);  \n  - creates grounds for disciplinary action for unlawful, improper, negligent or unfair conduct, or breaches of any assurance given under the Fair Trading Act (s7);  \n  - allows complaints to be lodged with the South Australian Civil and Administrative Tribunal (the Tribunal) and empowers the Tribunal to hold hearings and make disciplinary orders (s8–11);  \n  - gives the Tribunal powers including reprimand, fines (up to $20,000 under s11), prohibition from carrying on or being employed in the valuation business, and disqualification from acting as a director of a valuation company (s11);  \n  - makes it an offence to ignore Tribunal orders (penalties up to $35,000 or 6 months imprisonment in some cases) and creates liability for directors and employers in specified cases (s12);  \n  - requires the Commissioner for Consumer Affairs to keep a public register of disciplinary action and to administer the Act subject to the Minister (s4, s13);  \n  - permits the Commissioner to delegate powers, and to make written agreements with professional organisations to perform roles in administration or enforcement, subject to Ministerial approval and limits (s16–17);  \n  - provides for exemptions by the Minister (s18), treats employer/agent acts as the principal’s acts unless outside authority (s19), places limits and rules on who may commence prosecutions (s21), creates certain evidentiary presumptions (s22), and requires annual reporting and regulation‑making power (s23–24).\n\n**Who it affects**\n\n- Individual land valuers and businesses that offer valuation services: they must meet qualification requirements, operate under qualified supervision if corporate, and comply with codes of conduct that regulations may impose (s5–6, s24).  \n- Directors of corporate valuers: they can be subject to disciplinary action if the body corporate is found to have misconducted itself (s7(2), s11(e)).  \n- Consumers and other persons who interact with valuers: they gain a complaint route and a public register of disciplinary actions (s8, s13).  \n- The Commissioner for Consumer Affairs, the Minister, SACAT (Tribunal), police (on request), and authorised officers under the Fair Trading Act: these public actors administer, enforce and, in some cases, prosecute under the Act (s4, s15, s21).\n\n**Why it matters (official purpose and how that translates to practice)**\n\n- The Act’s stated purpose is to regulate the valuation profession and provide mechanisms for disciplining and removing unfit practitioners. That is accomplished by licensing/qualification requirements, supervision rules for corporate valuers, a complaints and Tribunal‑based disciplinary process, and monetary/criminal penalties for breaches (s5–12).  \n\n**Practical effects, incentives and trade‑offs**\n\n- Compliance costs and who pays: Individual valuers and valuation firms bear the direct costs of meeting qualification standards, appointing qualified supervisors (for corporate valuers), complying with any code of conduct in regulations, and paying fines or contesting Tribunal actions. Public agencies (Commissioner, Tribunal, police) bear enforcement costs for investigations and hearings (s4, s8–9, s15).  \n- Behavioural incentives: The combination of qualification requirements, supervisory rules for corporate entities, and potentially severe prohibitions or fines creates incentives for firms to hire or retain qualified staff, strengthen internal supervision, and manage director oversight to avoid personal liability (s5–6, s7(2), s11–12).  \n- Effects on market entry and competition: Minimum qualification and supervision requirements raise the barrier to entry for new practitioners—this may reduce the supply of small or informal valuers but increase the average credentialing level in the market (s5–6).  \n- Liability and director risk: Directors of corporate valuers can be disciplined for corporate misconduct unless they can show they could not reasonably have prevented the act or default (s7(2)–(3), s19). That creates a governance incentive (or cost) for directors to exercise oversight.  \n- Administrative discretion and delegation: The Commissioner may delegate powers to public servants or, with Ministerial approval, to a professional organisation (s16–17). Delegation to industry bodies can reduce administrative cost and leverage sector expertise, but it concentrates decision‑making authority outside direct public service control and therefore requires formal conditions, limits and Ministerial oversight (s17).  \n- Evidence and procedural asymmetries: Certain matters are taken as proved in the absence of contrary evidence (e.g. lack of required qualifications, or past licensing status) which shifts short evidentiary burdens onto alleged offenders in Tribunal or criminal proceedings (s22).  \n- Concentrated benefits and diffuse costs: The Act concentrates regulatory protection and a public disciplinary mechanism around consumers of valuation services and around professionally credentialed valuers, while the compliance costs fall most heavily and directly on individual valuers and valuation firms.  \n- Enforcement limits and political control: Prosecutions require authorisation by specified public actors (Commissioner, an authorised Fair Trading officer, or Ministerial consent) (s21). The Commissioner is also administratively subject to Ministerial control (s4). These arrangements centralise key enforcement choices in particular offices and create political and administrative checkpoints.  \n\n**Implementation risks and administrative burden**\n\n- The Tribunal‑centred complaint model requires the Commissioner to investigate or lodge complaints and to maintain a register (s8–9, s13–15), which places ongoing administrative obligations on the Commissioner’s office.  \n- Delegation to professional organisations requires written agreements with conditions and Ministerial tabling; while useful for leveraging expertise, such arrangements carry risks of conflicted incentives that the Act seeks to mitigate by reserving some powers (police requests and commencement of prosecutions) to the Commissioner (s16–17).  \n\n**Concrete mechanics: who decides, who pays, what changes in behaviour**\n\n- Who decides: the Minister (policy oversight, exemptions, approval of agreements), the Commissioner for Consumer Affairs (administration, register, delegations), the Tribunal (hearing complaints and imposing sanctions), police (investigations on request), and authorised Fair Trading officers (prosecutions with authorisation) (s4, s8–9, s14–15, s21).  \n- Who pays: valuers and valuation firms pay for compliance (qualifications, supervision, fees), and may pay fines and legal costs if disciplined; the public sector pays enforcement and tribunal costs.  \n- What behaviour changes: valuers must maintain required qualifications or be supervised by someone who does; corporate valuers must structure management so a qualified natural person supervises valuation work; directors must take steps reasonably necessary to prevent misconduct; and both individuals and firms face a credible risk of reprimand, fine, prohibition or criminal sanction for non‑compliance (s5–7, s11–12, s19).\n\n**Key sections to note**\n- Qualifications and corporate supervision: s5–6.  \n- Grounds for discipline and limits on liability: s7, s19.  \n- Complaint and Tribunal process: s8–11.  \n- Penalties for ignoring orders and offending while employed/directing: s12.  \n- Commissioner powers, delegations and agreements with industry: s4, s16–17.  \n- Prosecution limits and evidentiary presumptions: s21–22.  \n- Regulation‑making power (codes of conduct, exemptions): s24.\n\n(References in parentheses are to sections of the Land Valuers Act 1994.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1994 Act established a standalone regulatory scheme. However, the 2017 amendments (Statutes Amendment (SACAT No 2) Act 2017) significantly altered the institutional framework by transferring jurisdiction from the Administrative and Disciplinary Division of the District Court to the South Australian Civil and Administrative Tribunal (SACAT). This represents a broader trend of consolidating disciplinary tribunals into a single administrative body. Additionally, the 1998 amendments increased penalties and the 2013 amendments removed specific director liability provisions (section 20), indicating the Act has been adjusted to fit evolving consumer protection and administrative law frameworks rather than remaining a static valuation-specific statute."},"complexity_factors":["Moderate cross-referencing to external legislation (South Australian Civil and Administrative Tribunal Act 2013, Fair Trading Act 1987, repealed 1973 Act)","Multiple delegated powers (Commissioner can delegate to public servants or professional organisations)","Conditional disciplinary provisions with safeguards (section 7(3) provides a 'reasonable prevention' defence for directors)","Transitional provisions dealing with migration from District Court to SACAT (Schedule 2)","Incorporation by reference allowing regulations to adopt external codes of conduct (section 24(3))","Evidentiary presumptions that shift burden of proof (sections 21-22)","Nested conditions in exemption powers (section 18: grant, variation, revocation, Gazette notification)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a licensing and disciplinary system for land valuers in South Australia. It ensures that people who value land for a living are properly qualified and can be held accountable if they behave badly.\n\n**Who it affects:**\n\n- **Land valuers** — anyone who runs a business valuing land (including companies)\n- **Directors of valuation companies** — can be personally disciplined if their company misbehaves\n- **Consumers** — people who hire valuers and need recourse if things go wrong\n- **The Commissioner for Consumer Affairs** — runs the system\n- **The South Australian Civil and Administrative Tribunal (SACAT)** — hears complaints and hands out penalties\n\n**Key rules:**\n\n- **You need qualifications** — Natural persons must hold prescribed qualifications (or have been licensed under the old 1973 Act) to call themselves land valuers. Companies must have a qualified person managing the business.\n- **Complaints go to SACAT** — Anyone can lodge a complaint about a valuer's conduct. The Tribunal can fine them up to $20,000, reprimand them, or ban them from working as a valuer (temporarily or permanently).\n- **Serious penalties for ignoring bans** — If you keep working as a valuer after being prohibited, you face fines up to $35,000 or 6 months in prison.\n- **Public register** — The Commissioner keeps a public register of disciplinary actions so consumers can check a valuer's history.\n- **Professional involvement** — The Commissioner can delegate powers to professional valuation organisations and make agreements with them to help administer the Act.\n\n**Why it matters:**\n\nLand valuations affect property sales, mortgages, rates, and taxes. This law protects the public from unqualified or dishonest valuers and maintains professional standards in the property market."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/land-valuers-act-1994","history":"/api/acts/land-valuers-act-1994/history","analysis":"/api/acts/land-valuers-act-1994/analysis","conflicts":"/api/acts/land-valuers-act-1994/conflicts","importantCases":"/api/acts/land-valuers-act-1994/important-cases","documents":"/api/acts/land-valuers-act-1994/documents"}}