- Vicarious Responsibility
Code:
- Every Property Practitioner who is the sole proprietor of a Property Practitioners business or a partner in a partnership, or a director of a company, or a member of a close corporation contemplated in paragraph (b) of the definition of “Property Practitioner” in section 1 of the Act carrying on the business of a Property Practitioner, shall be held responsible for any contravention of or failure to comply with this Code of Conduct by any other partner, director, or member, or by any Property Practitioner in the service of such sole proprietorship, partnership, company, or close corporation, unless they have, prior to such contravention or failure to comply, taken all reasonable steps to prevent the same and could not, under the circumstances, have prevented such contravention or failure to comply.
Discussion:
In terms of this clause, the principals of a Property Practitioners business assume responsibility for any contravention of or failure to comply with the Code of Conduct by their fellow principals and employee Property Practitioners, and impose an obligation upon such principals to take all reasonable steps to ensure compliance with the Code by such persons.
The effect of this provision is that principals are compelled to play an active role in ensuring such compliance.
GOVERNMENT NOTICES R1799 OF 29 AUGUST 1986 AND R2106 OF 3 OCTOBER 1986 ARE HEREBY REPEALED.
THIS NOTICE WILL COME INTO OPERATION ON 1 APRIL 1993.