Real estate agent rifles through lingerie drawers, complains his privacy breached

The Real Estate Agents Authority bought the case before the disciplinary tribunal last year.

A real estate agent censured for rifling through a client's lingerie drawer at an open home has complained to the Human Rights Review Tribunal that his privacy has been breached.

The agent, who has name suppression but is a prominent member of his community and local real estate industry, pleaded guilty to misconduct after the case was brought before the Real Estate Agents Disciplinary Tribunal last year.

A complaint was laid after the agent, aged in his 70s, was caught looking through a lingerie drawer in a client's bedroom during an open home in September 2012.

The Real Estate Agents Authority (REAA), which brought the case before the tribunal, alleged the agent had removed underwear and a bra from the drawer and held it in his hands. He then left the bedroom to talk to people attending the open home.

The agent later returned to the bedroom and again took lingerie out of the drawer and held it in his hands.

"I looked in the drawer more out of curiosity and intrigue than out of malicious intent," the agent told the tribunal.

He was dismissed from his job and surrendered his licence after the complaint.

The tribunal found the agent's actions were a gross invasion of privacy and a severe breach of trust.

It cancelled his licence for six months, fined him $1500 and ordered him to pay $1000 in costs.

He was granted name suppression by the disciplinary tribunal which said it was conscious of the very heavy price the agent, and his wife in particular, had paid.

But that wasn't the end of the matter of the estate agent, who was also a registered valuer.

The governing body, the Valuer-General, investigated and wrote to the REAA, which advised of the man's sanctions and handed over the complaint file.

When the man learned of these actions, he complained to the privacy commissioner before the Human Rights Review Tribunal, claiming that both the REAA and the Valuer-General had breached his privacy.

In a decision published last week, the review tribunal concluded that it had no jurisdiction to hear the man's claim that the Valuer-General interfered with his privacy.

However, it left it open for the man to lodge a new complaint that was specific to the Valuer-General, which he indicated he would do.

The man was also granted name suppression by the tribunal "slimmest of margins", given that his identity had previously been protected by the real estate tribunal ruling.

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