Conveyancers Licensing Act 1995 Conveyancers Licensing Order 1999 (1999-567) [GG No 122 of 22.10.1999, p 10050] (NSW)

1999 No 567

Conveyancers Licensing Order 1999	New South Wales
under the

Conveyancers Licensing Act 1995

I, John Arthur Watkins, in pursuance with section 7 (1) (b) of the Conveyancers

Licensing Act 1995, make the following Order.

Dated at Sydney, this 12th day of October 1999.

JOHN WATKINS, M.P., Minister for Fair Trading

Published in Gazette No 122 of 22 October 1999, page 10050	Page 1
[20]
1999 No 567
Clause 1	Conveyancers Licensing Order 1999

Conveyancers Licensing Order 1999

1     Name of Order

This Order is the Conveyancers Licensing Order 1999.

2     Revocation and repeal

(1) The approval provided for by clause 4 (1) of Schedule 2 to the

Conveyancers Licensing Act 1995 is revoked.

(2)	The Order made under section 7 (1) (b) of the Conveyancers Licensing Act 1995 published in Gazette No 51 of 26 April 1996 at page 1979 is repealed.
(3)	The Order made under section 7 (1) (b) of the Conveyancers Licensing Act 1995 published in Gazette No 60 of 6 June 1997 at pages 4058 to 4062 is repealed.

3 Definitions

(1) In this Order:

full licence means a licence that is not a residential licence.
residential licence means a licence subject to conditions that limit the
licensee to carrying out conveyancing work in respect of property that
is residential property for the purposes of Division 8 of Part 4 of the
Conveyancing Act 1919.

the Act means the Conveyancers Licensing Act 1995.

(2) A reference in this Order to work on a full-time basis for a period of time includes a reference to work on some other basis for a different period of time that results in an equivalent amount of practical training and conveyancing experience being gained.

4     Approved qualifications, training and experience

(1) For the purposes of section 7 (1) (b) of the Act:

(a)	the educational qualifications set out in Column 2 of the Table to Part 1 of Schedule 1, and
(b)	the practical training and conveyancing experience set out in Column 3 of that Table opposite the relevant matter in Column 2,

1999 No 567

Conveyancers Licensing Order 1999 Clause 4

are approved as the educational qualifications, practical training and conveyancing experience that qualify a person to be granted a licence of the kind described in Column 1 opposite those qualifications, training and experience.

(2)

For the purposes of section 7 (1) (b) of the Act:

(a)	the educational qualifications set out in Column 2 and, where applicable, the additional educational qualifications set out in Column 3 of the Table to Part 2 of Schedule 1, and
(b)	the practical training and conveyancing experience set out in Column 4 of that Table opposite the relevant matter in Columns 2 and 3,

are approved as the educational qualifications, practical training and conveyancing experience that qualify a person to be granted a licence of the kind described in Column 1 opposite those qualifications, training and experience.

(3)

The periods of practical training and conveyancing experience set out in the Table to Part 1 and the Table to Part 2 of Schedule 1 may be reduced by the Director-General of the Department of Fair Trading in a particular case if the Director-General considers that the circumstances of the case warrant it.

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1	Qualifications for licence
Schedule 1	Qualifications for licence

(Clause 4)

Part 1 Qualifications, training and experience for licence

for residential conveyancing work only

Table

Column 1	Column 2	Column 3
Licence	Educational qualifications	Practical training and conveyancing experience

1	Residential	Conveyancing Law and Practice	Practical training and
licence	course conducted by Macquarie	conveyancing experience received
University and completed before	while employed or otherwise
December 1997	engaged on a full-time basis under the supervision of a licensed conveyancer, or a solicitor, or as a partner in or principal of a conveyancing business, for a period of at least 2 years
2	Residential	Associate Diploma in Business	Practical training and
licence	(Conveyancing) or Advanced	conveyancing experience received
Diploma in Conveyancing	while employed or otherwise
conducted by the Sydney	engaged on a full-time basis under
Institute of Technology and	the supervision of a licensed
completed before February 1997	conveyancer, or a solicitor, or as a partner in or principal of a conveyancing business, for a period of at least 2 years

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3
Licence	Educational qualifications	Practical training and conveyancing experience

3	Residential	Associate Degree in Law	Practical training and
licence	(Para-Legal Studies) conducted	conveyancing experience received
by Southern Cross University,	while employed or otherwise
or any of the following degrees	engaged on a full-time basis under
conducted by Southern Cross	the supervision of a licensed
University, if the conveyancing	conveyancer, or a solicitor, or as a
option for that degree is	partner in or principal of a
completed:	conveyancing business, for a
Bachelor of Arts Degree	period of at least 2 years
Bachelor of Business Degree Degree of Bachelor of Legal and Justice Studies
The course must have been completed before February 1996
4	Residential	Passing of an examination	Practical training and
licence	conducted by the Conveyancers	conveyancing experience received
Licensing Committee under	while employed or otherwise
clause 7 (2) of Schedule 3 to the	engaged on a full-time basis under
Conveyancers Licensing Act	the supervision of a licensed
1992	partner in or principal of a
conveyancer, or a solicitor, or as a period of at least 2 years

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Part 2 Qualifications, training and experience for

licence for all conveyancing work

Table

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
1	Full	Conveyancing Law	One year’s relevant
licence—subject to	and Practice course	practical training and
a condition that	(amended course	conveyancing
conveyancing work	effective from	experience undertaken
only be carried out	August 1996)	in a licensed
under the	conducted by	conveyancer’s office,
supervision of a	Macquarie	or a solicitor’s office,
licensed	University	or any business or
conveyancer whose	government
licence is not	department where
subject to such a	regular conveyancing
condition, or a	work is carried out
solicitor whose practising certificate is not subject to such a condition
2	Full licence	Conveyancing Law	Two years’ relevant
and Practice course	practical training and
(amended course	conveyancing
effective from	experience; at least
August 1996)	one year of this
conducted by	practical training and
Macquarie	conveyancing
University	experience must be while employed or otherwise engaged on
a full-time basis under the supervision of a licensed conveyancer or a solicitor

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience

3	Full	Conveyancing Law	Completion of an	One year’s relevant
licence—subject to	and Practice course	approved bridging	practical training and
a condition that	conducted by	course specified in	conveyancing
conveyancing work	Macquarie	the Appendix to this	experience which may
only be carried out	University and	Part	be undertaken in a
under the	completed before	licensed
supervision of a	December 1997	conveyancer’s office,
licensed	or a solicitor’s office,
conveyancer whose	or any business or
licence is not	government
subject to such a	department where
condition, or a	regular conveyancing
solicitor whose	work is carried out
practising certificate is not subject to such a condition
4	Full licence	Conveyancing Law	Completion of an	Two years’ relevant
and Practice course	approved bridging	practical training and
conducted by	course specified in	conveyancing
Macquarie	the Appendix to this	experience; at least
University and	Part	one year of this
completed before	practical training and
December 1997	conveyancing experience must be while employed or otherwise engaged on a full-time basis under the supervision of a licensed conveyancer or a solicitor

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
5	Full	Advanced Diploma	One year’s relevant
licence—subject to	in Conveyancing	practical training and
a condition that	(amended course	conveyancing
conveyancing work	effective from	experience which may
only be carried out	February 1997)	be undertaken in a
under the	conducted by the	licensed
supervision of a	Sydney Institute of	conveyancer’s office,
licensed	Technology	or a solicitor’s office,
conveyancer whose	or any business or
licence is not	government
subject to such a	department where
condition, or a	regular conveyancing
solicitor whose	work is carried out
practising certificate is not subject to such a condition
6	Full licence	Advanced Diploma	Two years’ relevant
in Conveyancing	practical training and
(amended course	conveyancing
effective from	experience; at least
February 1997)	one year of this
conducted by the	practical training and
Sydney Institute of	conveyancing
Technology	experience must be while employed or otherwise engaged on
a full-time basis under the supervision of a licensed conveyancer or a solicitor

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience

7	Full	Advanced Diploma	Completion of an	One year’s relevant
licence—subject to	in Conveyancing	approved bridging	practical training and
a condition that	conducted by the	course specified in	conveyancing
conveyancing work	Sydney Institute of	the Appendix to this	experience which may
only be carried out	Technology and	Part	be undertaken in a
under the	completed before	licensed
supervision of a	February 1997	conveyancer’s office,
licensed	or a solicitor’s office,
conveyancer whose	or any business or
licence is not	government
subject to such a	department where
condition, or a	regular conveyancing
solicitor whose	work is carried out
practising certificate is not subject to such a condition
8	Full licence	Advanced Diploma	Completion of an	Two years’ relevant
in Conveyancing	approved bridging	practical training and
conducted by the	course specified in	conveyancing
Sydney Institute of	the Appendix to this	experience; at least
Technology and	Part	one year of this
completed before	practical training and
February 1997	conveyancing experience must be while employed or otherwise engaged on a full-time basis under the supervision of a licensed conveyancer or a solicitor

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
9	Full	Associate Degree in	One year’s relevant
licence—subject to	Law (Para-Legal	practical training and
a condition that	Studies) (amended	conveyancing
conveyancing work	course effective	experience which may
only be carried out	from February	be undertaken in a
under the	1996) conducted by	licensed
supervision of a	Southern Cross	conveyancer’s office,
licensed	University, or any of	or a solicitor’s office,
conveyancer whose	the following	or any business or
licence is not	degrees conducted	government
subject to such a	by Southern Cross	department where
condition, or a	University, if the	regular conveyancing
solicitor whose	conveyancing option	work is carried out
practising	for that degree is
certificate is not	completed:
subject to such a	Bachelor of Arts
condition	Degree Bachelor of Business Degree Degree of Bachelor of Legal and Justice Studies

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
10	Full licence	Associate Degree in	Two years’ relevant
Law (Para-Legal	practical training and
Studies) (amended	conveyancing
course effective	experience; at least
from February	one year of this
1996) conducted by	practical training and
Southern Cross	conveyancing
University, or any of	experience must be
the following	while employed or
degrees conducted	otherwise engaged on
by Southern Cross	a full-time basis under
University, if the	the supervision of a
conveyancing option	licensed conveyancer
for that degree is	or a solicitor
completed: Bachelor of Arts Degree Bachelor of Business Degree Degree of Bachelor of Legal and Justice Studies

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
11 Full	Associate Degree in	Completion of an	One year’s relevant

licence—subject to	Law (Para-Legal	approved bridging	practical training and
a condition that	Studies) conducted	course specified in	conveyancing
conveyancing work	by Southern Cross	the Appendix to this	experience which may
only be carried out	University, or any of	Part	be undertaken in a
under the	the following	licensed
supervision of a	degrees conducted	conveyancer’s office,
licensed	by Southern Cross	or a solicitor’s office,
conveyancer whose	University, if the	or any business or
licence is not	conveyancing option	government
subject to such a	for that degree is	department where
condition, or a	completed:	regular conveyancing
solicitor whose	Bachelor of Arts	work is carried out
practising	Degree
certificate is not	Bachelor of
subject to such a	Business Degree
condition	Degree of Bachelor of Legal and Justice Studies
The course must have been completed before February 1996

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience

12	Full licence	Associate Degree in	Completion of an	Two years’ relevant
Law (Para-Legal	approved bridging	practical training and
Studies) conducted	course specified in	conveyancing
by Southern Cross	the Appendix to this	experience; at least
University, or any of	Part	one year of this
the following	practical training and
degrees conducted	conveyancing
by Southern Cross	experience must be
University, if the	while employed or
conveyancing option	otherwise engaged on
for that degree is	a full-time basis under
completed:	the supervision of a
Bachelor of Arts	licensed conveyancer
Degree	or a solicitor
Bachelor of Business Degree Degree of Bachelor of Legal and Justice Studies The course must have been completed before February 1996

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
13 Full	(a) Law Degree	One year’s relevant

licence—subject to	conducted by a	practical training and
a condition that	tertiary institution in	conveyancing
conveyancing work	Australia, or	experience which may
only be carried out	(b) Law Degree	be undertaken in a
under the	conducted by a	licensed
supervision of a	tertiary institution	conveyancer’s office,
licensed	outside Australia	or a solicitor’s office,
conveyancer whose	that the Director-	or any business or
licence is not	General is satisfied	government
subject to such a	is equivalent to a	department where
condition, or a	Law Degree referred	regular conveyancing
solicitor whose	to in paragraph (a)	work is carried out
practising certificate is not subject to such a condition

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
14	Full licence	(a) Law Degree	Practical training and
conducted by a	conveyancing
tertiary institution in	experience that
Australia, or	confers eligibility to
(b) Law Degree	receive a solicitor’s
conducted by a	practising certificate
tertiary institution	authorising practice as
outside Australia	a solicitor without
that the Director-	supervision
General is satisfied	OR
is equivalent to a	relevant practical
Law Degree referred	training and
to in paragraph (a)	conveyancing experience received while employed or otherwise engaged on a full-time basis under the supervision of a licensed conveyancer, or a solicitor, or as a partner in or principal of a conveyancing business, for a period of at least 2 years

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1 Qualifications for licence

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
15 Full	(a) Law Diploma	One year’s relevant

licence—subject to	conducted by the	practical training and
a condition that	Legal Practitioners	conveyancing
conveyancing work	Admission Board, or	experience which may
only be carried out	(b) a qualification	be undertaken in a
under the	obtained from	licensed
supervision of a	another State or	conveyancer’s office,
licensed	Territory of	or a solicitor’s office,
conveyancer whose	Australia that the	or any business or
licence is not	Director-General is	government
subject to such a	satisfied is	department where
condition, or a	equivalent to a Law	regular conveyancing
solicitor whose	Diploma referred to	work is carried out
practising	in paragraph (a)
certificate is not subject to such a condition

1999 No 567

Conveyancers Licensing Order 1999

Qualifications for licence Schedule 1

Column 1	Column 2	Column 3	Column 4
Licence	Educational	Additional	Practical training
qualifications	qualifications	and conveyancing experience
16	Full licence	(a) Law Diploma	Practical training and
conducted by the	conveyancing
Legal Practitioners	experience that
Admission Board, or	confers eligibility to
(b) a qualification	receive a solicitor’s
obtained from	practising certificate
another State or	authorising practice as
Territory of	a solicitor without
Australia that the	supervision
Director-General is	OR
satisfied is	relevant practical
equivalent to a Law	training and
Diploma referred to	conveyancing
in paragraph (a)	experience received while employed or otherwise engaged on
a full-time basis under the supervision of a licensed conveyancer, or a solicitor, or as a partner in or principal of a conveyancing business, for a period of at least 2 years
17	Full licence	Licensed (at any	Completion of an
time) under the	approved bridging
Conveyancers	course specified in
Licensing Act 1992	the Appendix to this Part

1999 No 567

Conveyancers Licensing Order 1999

Schedule 1	Qualifications for licence
Appendix to Part 2	Approved bridging courses

Conveyancers Licensing Bridging Course conducted by the University of
Western Sydney—Centre for Agency Licensing Education
Conveyancing Law and Practice—Bridging Course for Conveyancers conducted
by Macquarie University
Conveyancing Bridging Course conducted by the Sydney Institute of

Technology

BY AUTHORITY