The applicant (Acting Director of Consumer Affairs Victoria) succeeded on all four grounds: the Tribunal found the respondent agent's representative misappropriated approximately $211,804 in rent and bond money, reprimanded him, and declared him permanently ineligible to hold a licence or be an agent's representative, but declined to impose the $5,000 financial penalty sought. Permanent ineligibility was warranted despite admissions, cooperation, and substantial restitution ($200,000) because of the large sum involved, the multi-year duration of the conduct, significant breaches of trust owed to the employer, rental providers, and renters, and limited evidence of rehabilitation. The decision confirms that restitution — even near-complete restitution funded by third parties — does not preclude permanent ineligibility where the scale and duration of misappropriation are serious, but may justify declining a financial penalty where the declaration adequately serves deterrence objectives.
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