Conveyancers (Qualifications and Experience) Amendment Regulations 2021 (Vic)

Conveyancers (Qualifications and Experience) Amendment Regulations 2021

S.R. No. 118/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Prescribed qualifications for conveyancers

6Prescribed work experience for conveyancers

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Endnotes

STATUTORY RULES 2021

S.R. No. 118/2021

Conveyancers Act 2006

Conveyancers (Qualifications and Experience) Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 September 2021

Responsible Minister:

MELISSA HORNE
Minister for Consumer Affairs, Gaming and Liquor Regulation

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conveyancers (Qualifications and Experience) Regulations 2018—

(a)to prescribe additional competency qualifications; and

(b)to clarify the circumstances in which a person has the prescribed work experience for the purposes of section 12 of the Conveyancers Act 2006.

2Authorising provision

These Regulations are made under section 188 of the Conveyancers Act 2006.

3Commencement

These Regulations come into operation on 30 September 2021.

4Principal Regulations

In these Regulations, the Conveyancers (Qualifications and Experience) Regulations 2018[1] are called the Principal Regulations.

5Prescribed qualifications for conveyancers

In regulation 6 of the Principal Regulations—

(a)before paragraph (a) insert—

"(aa)successful completion of the competency qualification for the award of BSB60220 Advanced Diploma of Conveyancing from the BSB – Business Services Training Package published on the Internet site maintained by the Commonwealth as in force from time to time, and comprising the following units of competency—

(i)BSBCNV511 Take instructions in relation to a conveyancing transaction;

(ii)BSBCNV512 Finalise the conveyancing transaction;

(iii)BSBCNV611 Interpret a legal document and provide advice in a conveyancing transaction;

(iv)BSBCNV612 Identify and apply legal requirements for a conveyancing transaction;

(v)BSBCNV613 Prepare legal documents for a conveyancing transaction;

(vi)BSBCNV614 Apply principles of trust accounting;

(vii)BSBCNV615 Interpret search results for a conveyancing transaction;

(viii)BSBCNV616 Comply with tax obligations in a conveyancing transaction;

(ix)BSBLEG522 Apply legal principles in contract law matters;

(x)BSBLEG421 Apply understanding of the Australian legal system;

(xi)BSBLEG528 Apply legal principles in property law matters;

(xii)BSBLEG529 Apply legal principles in corporation law matters;

(xiii)BSBAUD601 Establish and manage compliance management systems;

(xiv)BSBESB402 Establish legal and risk management requirements of new business ventures;

(xv)FNSORG601 Negotiate to achieve goals and manage disputes;";

(b)in paragraph (a), after "completion" insert ", by 19 April 2022,";

(c)in paragraph (e), after "paragraph" insert "(aa)(vi),";

(d)in paragraph (g), after "paragraph" insert "(aa)(vi),".

6Prescribed work experience for conveyancers

For regulation 7(1) of the Principal Regulations substitute—

"(1)For the purposes of section 12 of the Act, an applicant has the prescribed work experience if—

(a)the applicant has undertaken at least 12 months of supervised conveyancing experience; or

(b)the applicant—

(i)has attained the specified academic qualifications prerequisite; and

(ii)has satisfactorily completed the specified practical legal training prerequisite; or

(c)the applicant was, within the period of 5 years immediately preceding the application, at any time, a licensee under the Act.".

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Endnotes

[1] Reg. 4: S.R. No. 60/2018.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5(a) which amends regulation 6 of the Principal Regulations	Business Services Training Package BSB Version 7.0–7.1 endorsed by the Australian Industry and Skills Committee on 12 August 2020 and published by the Commonwealth on 19 October 2020	BSBCNV511 Take instructions in relation to a conveyancing transaction BSBCNV512 Finalise the conveyancing transaction BSBCNV611 Interpret a legal document and provide advice in a conveyancing transaction BSBCNV612 Identify and apply legal requirements for a conveyancing transaction

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
BSBCNV613 Prepare legal documents for a conveyancing transaction BSBCNV614 Apply principles of trust accounting BSBCNV615 Interpret search results for a conveyancing transaction BSBCNV616 Comply with tax obligations in a conveyancing transaction BSBLEG522 Apply legal principles in contract law matters BSBLEG421 Apply understanding of the Australian legal system BSBLEG528 Apply legal principles in property law matters

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
BSBLEG529 Apply legal principles in corporation law matters BSBAUD601 Establish and manage compliance management systems BSBESB402 Establish legal and risk management requirements of new business ventures FNSORG601 Negotiate to achieve goals and manage disputes