← BlogAudit Readiness

How to Pass a Fair Trading Compliance Audit: A Complete Checklist

Published 15 June 2025 · 9 min read

A compliance audit from NSW Fair Trading, Consumer Affairs Victoria, the Queensland Office of Fair Trading, or another state regulator is not something most principals anticipate — but it can happen at any time. The most prepared agencies treat compliance as an ongoing record-keeping practice rather than a last-minute scramble. This checklist covers what regulators look for across every area of real estate compliance, so you can walk into any audit with confidence.

The consequences of a failed audit can be significant: improvement notices, licence conditions, civil penalties, or licence suspension. The good news is that most compliance failures are record-keeping failures — the obligation was met, but the evidence wasn't kept. This checklist is designed to close that gap.

1. Licence and CPD Records

  • Current licence or certificate of registration for every person carrying out licensed functions
  • CPD completion certificates for every agent — covering each CPD year in the current licence term
  • Correct split between compulsory and elective CPD hours
  • CPD completed with approved providers only
  • Records kept for the full licence term plus three years

2. Trust Account Records

  • Trust account held with an authorised deposit-taking institution
  • Monthly reconciliations performed within the required timeframe (NSW: within 5 days of month end)
  • Reconciliation records retained for minimum 3 years (most states require 5–7 years)
  • Annual trust account audit conducted by an approved auditor
  • Audit report lodged with the state regulator within the required period
  • Trust account ledger per client, with all receipts and disbursements documented
  • No unauthorised withdrawals or early disbursements

3. AML/CTF Compliance

  • Enrolled with AUSTRAC as a reporting entity
  • AML/CTF program documentation — Part A (risk assessment), Part B (employee due diligence), Part C (AML compliance officer)
  • Customer due diligence records for every real property transaction
  • Beneficial ownership documented for every transaction
  • Suspicious matter reports (SMRs) lodged where required, with internal assessment records retained
  • AML/CTF training records for all staff
  • Annual AUSTRAC compliance report lodged on time

4. Policy Library and Registers

  • Policies and procedures library complete and up to date
  • Policies reviewed within their scheduled review period
  • Staff signed off on relevant policies
  • Complaints register maintained — all formal complaints logged with outcome and resolution date
  • Gift register maintained — all gifts and benefits received or offered by staff
  • Incident register maintained — all WHS incidents, near misses, and notifiable events
  • Risk register current and reviewed regularly

5. Staff and Supervision

  • All staff carrying out licensed functions hold a current licence or certificate
  • Supervision arrangements documented — who supervises which certificate holders
  • Nominated supervisor arrangements in place for when the LIC is absent
  • Staff employment records and role descriptions current
  • Induction records for all new staff

6. Sales and Property Management Compliance

  • Agency agreements signed and compliant with current prescribed form
  • Sales checklists completed for every property
  • Marketing material approved and compliant with advertising regulations
  • Vendor disclosure obligations met (s66W certificates, vendor statements, Form 1, etc. depending on state)
  • Management agreements current and contain required terms
  • Rent ledgers and disbursement records accurate and reconciled

How Regulators Conduct Audits

State real estate regulators conduct audits in several ways:

Auditors typically request records for the previous 12–36 months. The quicker you can produce complete, organised records, the better the impression you make — even if there are minor gaps.

Always audit-ready with REA Hub

REA Hub maintains your compliance records across every area on this checklist — CPD, trust accounting, AML, registers, and policies — and gives you a one-click audit pack export when a regulator comes calling.

Start free 14-day trial →

This checklist is for general guidance only. Compliance obligations vary by state and change over time. Always verify current requirements with your state regulator.

Related:Real Estate Compliance Software →Audit Readiness Features →