Conveyancers (Qualifications and Experience) Regulations 2018 (Vic)
Version No. 002
Conveyancers (Qualifications and Experience) Regulations 2018
S.R. No. 60/2018
Version incorporating amendments as at
30 September 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Revocation
4Commencement
5Definitions
Part 2—Competency qualifications and experience
6Prescribed qualifications for conveyancers
7Prescribed work experience for conveyancers
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Conveyancers (Qualifications and Experience) Regulations 2018
S.R. No. 60/2018
Version incorporating amendments as at
30 September 2021
Part 1—Preliminary
1Objective
The objective of these Regulations is to prescribe the qualifications and experience for the licensing of conveyancers for the purposes of the Conveyancers Act 2006.
2Authorising provision
These Regulations are made under section 188 of the Conveyancers Act 2006.
3Revocation
The following regulations are revoked—
(a)Conveyancers (Qualifications, Experience and Fees) Regulations 2008[1];
(b)Conveyancers (Qualifications, Experience and Fees) Amendment Regulations 2012[2];
(c)Conveyancers (Qualifications, Experience and Fees) Amendment Regulations 2016[3].
4Commencement
These Regulations come into operation on 26 May 2018.
5Definitions
In these Regulations—
Australian practising certificate has the same meaning as in the Legal Profession Uniform Law (Victoria);
registered education and training organisation has the same meaning as in the Education and Training Reform Act 2006;
specified academic qualifications prerequisite has the same meaning as in section 17(1)(a) of the Legal Profession Uniform Law (Victoria);
specified practical legal training prerequisite has the same meaning as in section 17(1)(b) of the Legal Profession Uniform Law (Victoria);
the Act means the Conveyancers Act 2006.
Part 2—Competency qualifications and experience
6Prescribed qualifications for conveyancers
For the purposes of section 12 of the Act, the prescribed competency qualifications are any one of the following—
(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;
(a)successful completion, by 19 April 2022, of the competency qualification for the award of BSB61115 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)BSBCNV501 Take instructions in relation to a transaction;
(ii)BSBCNV502 Read and interpret a legal document and provide advice;
(iii)BSBCNV503 Analyse and interpret legal requirements for a transaction;
(iv)BSBCNV504 Prepare legal documents;
(v)BSBCNV505 Finalise the conveyancing transaction;
(vi)BSBCNV506 Establish and manage a trust account;
(vii)BSBCNV601 Identify and conduct searches;
(viii)BSBLEG415 Apply the principles of contract law;
(ix)FNSINC401 Apply principles of professional practice to work in the financial services industry;
(x)FNSACC403 Make decisions in a legal context;
(xi)FNSORG601 Negotiate to achieve goals and manage disputes;
(xii)FNSPRM601 Establish, supervise and monitor practice systems to conform with legislation and regulations;
(xiii)BSBCOM603 Plan and establish compliance management systems;
(xiv)BSBLEG413 Identify and apply the legal framework;
(xv)BSBLEG512 Apply legal principles in property law matters;
(xvi)BSBLEG513 Apply legal principles in corporation law matters;
(xvii)BSBSMB401 Establish legal and risk management requirements of small business;
(xviii)BSBWOR501 Manage personal work priorities and professional development;
(b)successful completion, by 31 December 2018, of each of the following units of competency set out in the BSB – Business Services Training Package published on the Internet site maintained by the Commonwealth as in force from time to time—
(i)BSBCNV501 Take instructions in relation to a transaction;
(ii)BSBCNV502 Read and interpret a legal document and provide advice;
(iii)BSBCNV503 Analyse and interpret legal requirements for a transaction;
(iv)BSBCNV504 Prepare legal documents;
(v)BSBCNV505 Finalise the conveyancing transaction;
(vi)BSBCNV506 Establish and manage a trust account;
(vii)BSBCNV601 Identify and conduct searches;
(viii)FNSORG601 Negotiate to achieve goals and manage disputes;
(c)successful completion, by 20 July 2016, of each of the following units of competency set out in the FNS10 Financial Services Training Package published on the Internet site maintained by the Commonwealth as in force from time to time—
(i)FNSCNV501A Take instructions in relation to a transaction;
(ii)FNSCNV502A Read and interpret a legal document and provide advice;
(iii)FNSCNV503A Analyse and interpret legal requirements for a transaction;
(iv)FNSCNV504A Prepare legal documents;
(v)FNSCNV505A Finalise the conveyancing transaction;
(vi)FNSCNV506A Establish and manage a trust account;
(vii)FNSCNV601A Identify and conduct searches;
(viii)FNSORG601A Negotiate to achieve goals and manage disputes;
(d)successful completion, by 31 December 2012, of each of the following units of competency set out in the FNS04 Financial Services Training Package published on the Internet site maintained by the Commonwealth as in force from time to time—
(i)FNSCONV501B Take instructions in relation to a transaction;
(ii)FNSCONV502B Prepare and/or analyse and execute documents;
(iii)FNSCONV503B Establish, manage and administer trust accounts;
(iv)FNSCONV504B Finalise conveyancing transactions;
(v)FNSCONV601B Obtain and analyse all information for the transaction;
(vi)FNSICORG603B Negotiate to achieve goals and manage disputes;
(e)the successful completion of a recognised law degree if—
(i)study for the degree commenced before 1 July 2008; and
(ii)at the date of completion, the qualification was approved, under the rules governing admission at that time, for admission to the legal profession in Victoria, or in another State or a Territory—
together with the demonstrated competency referred to in paragraph (aa)(vi), (a)(vi), (b)(vi), (c)(vi) or (d)(iii);
(f)the successful completion of a Diploma of Financial Services (Conveyancing) conducted by the Royal Melbourne Institute of Technology or Victoria University if study for the diploma commenced before 1 July 2008;
(g)the successful completion of an Associate Diploma of Business (Legal Practice) or Advanced Diploma of Business (Legal Practice) conducted by a registered education and training organisation if study for the diploma commenced before 1 July 2008, together with the demonstrated competency referred to in paragraph (aa)(vi), (a)(vi), (b)(vi), (c)(vi) or (d)(iii).
Note
Conditions may be imposed on a licence to carry out a conveyancing business under section 23 of the Act, including by reason of the licensee's competency qualifications and work experience, and conditions may restrict the conveyancing transactions carried out in the course of a licensee's business.
7Prescribed work experience for conveyancers
(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.
(2)In this regulation—
provisional licensee means a person who, at the time of the applicant's employment, held a provisional licence granted under clause 8 of Schedule 1 to the Act;
supervised conveyancing experience means full‑time or equivalent part-time experience obtained within the period of 5 years preceding the lodgement of the applicant's application for a licence in carrying out conveyancing work in the course of employment with—
(a)a licensee other than a provisional licensee; or
(b)an Australian legal practitioner with an Australian practising certificate that authorises the practitioner to supervise legal practice by others.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Conveyancers (Qualifications and Experience) Regulations 2018, S.R. No. 60/2018 were made on 22 May 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 188 of the Conveyancers Act 2006, No. 75/2006 and came into operation on 26 May 2018: regulation 4.
The Conveyancers (Qualifications and Experience) Regulations 2018 will sunset 10 years after the day of making on 22 May 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Conveyancers (Qualifications and Experience) Regulations 2018 by statutory rules, subordinate instruments and Acts.
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Conveyancers (Qualifications and Experience) Amendment Regulations 2021, S.R. No. 118/2021
Date of Making: 21.9.21 Date of Commencement: 30.9.21: reg. 3
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
[1] Reg. 3(a): S.R. No. 48/2008 as amended by S.R. Nos 73/2012 and 87/2016.
[2] Reg. 3(b): S.R. No. 73/2012.
[3] Reg. 3(c): S.R. No. 87/2016.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 60/2018 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 6(a) Prescribed qualifications for conveyancers | Business Services Training Package BSB Version 2.0 published by the Commonwealth and endorsed by the Australian Industry and Skills Committee on 12 October 2015 | BSB61115 Advanced Diploma of Conveyancing |
| Regulation 6(b) Prescribed qualifications for conveyancers | Business Services Training Package BSB Version 2.0 published by the Commonwealth and endorsed by the Australian Industry and Skills Committee on 12 October 2015 | BSBCNV501 Take instructions in relation to a transaction BSBCNV502 Read and interpret a legal document and provide advice BSBCNV503 Analyse and interpret legal requirements for a transaction |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| BSBCNV504 Prepare legal documents BSBCNV505 Finalise the conveyancing transaction BSBCNV506 Establish and manage a trust account BSBCNV601 Identify and conduct searches FNSORG601 Negotiate to achieve goals and manage disputes | ||
| Regulation 6(c) Prescribed qualifications for conveyancers | Financial Services Training Package FNS10 Version 3.0 published by the Commonwealth and endorsed by the National Skills Standards Council on 24 February 2012 | FNSCNV501A Take instructions in relation to a transaction FNSCNV502A Read and interpret a legal document and provide advice FNSCNV503A Analyse and interpret legal requirements for a transaction FNSCNV504A Prepare legal documents |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| FNSCNV505A Finalise the conveyancing transaction FNSCNV506A Establish and manage a trust account FNSCNV601A Identify and conduct searches FNSORG601A Negotiate to achieve goals and manage disputes | ||
| Regulation 6(d) Prescribed qualifications for conveyancers | Financial Services Training Package FNS04 Version 1.0 endorsed by the National Quality Council and published by the Commonwealth on 10 July 2004 | FNSCONV501B Take instructions in relation to a transaction FNSCONV502B Prepare and/or analyse and execute documents FNSCONV503B Establish, manage and administer trust accounts FNSCONV504B Finalise conveyancing transactions |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| FNSCONV601B Obtain and analyse all information for the transaction FNSICORG603B Negotiate to achieve goals and manage disputes |
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 118/2021 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 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| BSBCNV612 Identify and apply legal requirements for a conveyancing transaction 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 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| BSBLEG528 Apply legal principles in property law matters 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 |
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