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Conveyancing

LICENSING REQUIREMENTS

Conveyancer

a person who is not a legal practitioner and who carries on a business that involves the preparation for fee or reward of – (a) dealings within the meaning of the Land Titles Act 1980 or (b) instruments for the purposes of any other Act or law as provided by an order made under subsection (2).

 

 

 

What is conveyancing
Eligibility
Accepted qualifications
Applying for a conveyancing licence
Criminal history record
Bankruptcy report
Processing time
Maintaing a licence
Mutual Recognition
Register of approved conveyancers

 

 

What is conveyancing

Conveyancing is the process of transferring interests in land and property. In most cases it involves the following tasks:

  • consideration of the contract of sale
  • reserving priority for document registration during the settlement period
  • searching the title to the land to ensure that it is in correct order for transfer
  • making enquiries of certain statutory authorities
  • advising a purchaser on any outstanding charges on the property, restrictions on use, or encumbrances on the title
  • advising on obligations when buying a stratum title unit, and whether to hold property as joint tenants or tenants-in-common
  • preparing transfer, mortgage, assignment of lease and requisition documents; 
  • liaising with banks to discharge mortgages if selling
  • preparing settlement statements, apportioning rates and taxes, and attending settlement 
  • lodging documents for payment of stamp duty and registration 
  • advising when settlement is completed, and notifying statutory authorities of change of ownership

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Eligibility

 

A person is ineligible to hold a licence if –


(a) he or she does not hold the prescribed qualifications and have the prescribed experience or

 

(b) he or she is an undischarged bankrupt or a person who has made an arrangement with creditors that has not been carried out or

 

(c) his or her licence has been suspended or cancelled under Part 4 or
 

(d) he or she is disqualified from acting as a legal practitioner under the Legal Profession Act 1993 or

 

(e) he or she holds a licence under the Property Agents and Land Transactions Act 2005 or
 

(f) he or she has, within the preceding period of 5 years, been convicted in Tasmania or elsewhere of an indictable offence and sentenced to –

 

(i) imprisonment for a term or terms in the aggregate of 3 years or more or

 

(ii) a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order made in any jurisdiction outside Tasmania

 

In addition, the Director may refuse to grant an application for a licence where he or she is satisfied that –

 

(a) the applicant is not a fit and proper person to hold a licence having regard to the report under section 7(b) or

 

(b) the applicant has been convicted of a prescribed offence or

 

(c) if the applicant were the holder of a licence –
 

(i) there would be grounds for disciplinary action against the applicant or

 

(ii) there would be grounds for suspension or cancellation of the licence

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Accepted qualifications

 

The following requirements must be met in order to qualify for a licence:

 

(a) one of the following:

 

(i) Conveyancing Law and Practice Course, Macquarie University
 

(ii) Advanced Diploma of Conveyancing, TAFE New South Wales Sydney Institute

 

(iii) Associate Degree in Law (Paralegal Studies), Southern Cross University
 

(iv) Bachelor of Business (Property), University of South Australia

 

(v) Advanced Diploma of Conveyancing, Douglas Mawson Institute of TAFE
 

(vi) Advanced Diploma of Financial Services (Conveyancing) FNS60304 delivered or assessed by a person registered by a training authority of a State or Territory to deliver training or conduct assessments and issue qualifications in accordance with the Australian Qualifications Framework within the meaning of the Vocational Education and Training Act 1994 

 

A list of registered training organisations that offer the necessary conveyancing competencies is available at www.ntis.gov.au.  You can search by competency code, training provider name or a list of registered training organisations.



 

(b) 2 years full-time practical experience, or the equivalent practical experience, in conveyancing work gained in a licensed conveyancers office, legal practitioners office or any business or government department where conveyancing work is regularly undertaken, which experience may be gained -

 

(i) before, during or after obtaining a qualification referred to in paragraph (a) and
 

(ii) wholly or partly in any other State or a Territory and

 

(c) a course relating to Tasmanian local requirements, as the Director may from time to time determine

 

 

Exams

When the Act was drafted it was acknowledged that few persons would hold the required qualifications.  For this reason, the Act provided that for a limited period, persons who had recently worked, or were working, as conveyancing clerks and who could demonstrate competency, could obtain a licence.  Exams were held in 2006 and 2007 to facilitate transition to the new Act.  There are no plans to schedule further exams to ascertain eligibility to apply for a conveyancers licence. 

 

However, Consumer Affairs and Fair Trading is working with the Tasmanian Division of the Australian Institute of Conveyancers (AIC) to provide a local course of an appropriate standard, the completion of which will provide eligibility with respect to the qualification component of section 5(1)(a) of the Act.

 

It is anticipated that the course (or a number of units) will be available from early 2010.

 

 
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Applying for a conveyancing licence

 

To apply, you must:

 

  • meet the eligibility criteria
  • complete the application form
  • provide copies of your identity documents
  • pay the appropriate licence fee
  • provide a national criminal history record
  • provide a bankruptcy report
  • provide evidence of Professional Indemnity Insurance in accordance with Section 13
  • provide correspondence from the Law Society of Tasmania certifying that you are not disqualified from acting as a legal practitioner under the Legal Profession Act 1993
  • provide correspondence from the Property Agents Board certifying that you are not the holder of a licence under the Property Agents and Land Transactions Act 2005
 
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Criminal history record

 

Applicants are required to provide a National Police Criminal History record dated within 30 days of lodging the application form.

 

The criminal history record is obtained from the Criminal History Service of Tasmania Police. Phone 03 6230 2929 or visit www.police.tas.gov.au.

 

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Bankruptcy report

 

Applicant’s are required to provide a bankruptcy report dated within 30 days of lodging the application form.
 

Copies can be obtained from the following organisations:

Australian Business Research 
Phone: 1300 366 402   Website: www.abr.com.au

 

Confirm 
Phone: 1800 773 773  Website: www.confirm.com.au

 

Espreon
Phone: 1300 305 205   Website: www.espreon.com

 

Insolvency and Trustee Service (ITSA)
Phone: 1300 364 785  Website: www.itsa.gov.au
 

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Processing time

 

The processing time may be up to four weeks because the checking process, handled by Tasmania Police, is thorough and time consuming. 

 

All applicants must allow at least six weeks from the date of lodgment before enquiring on the progress of an application. 

You can assist the department to process your application as quickly as possible by ensuring you complete the application form fully, sign the declaration and ensure that all the required supporting documents are supplied.

Applications that are not completed correctly or are missing supporting documentation will be returned, or you will be sent a letter asking you to address the issues. This will delay the processing time of your application.

 

 

Unsuccessful applications

 

If your application is refused you may appeal the decision, through the Magistrates Court (Administrative Appeals Division). The appeal must be lodged within one calendar month of the date of refusal.

 

There is no refund if your application is withdrawn or refused.

 

 
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Maintaining a licence

To maintain the currency of your licence, you must reapply every three years.

In order to process your application before your existing licence expires you will be required to reapply at least twenty (20) working days prior to the date of expiry of your licence.

Courtesy reminder letters and application forms will be mailed approximately 6 to 8 weeks prior to the expiry of your licence but you should not rely on these letters.

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Mutual Recognition

 

If you hold a current individual licence issued in another state or territory you can apply for mutual recognition of your licence to work in Tasmania.

 

Corporations are not eligible for mutual recognition and therefore any individual within a company who will be undertaking conveyancing work will need to hold a licence.

 

You can are unable to work on your interstate licence while we process your application.

 

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Register of approved conveyancers

 

You may check to confirm that a provider’s licence is valid and current.   

 

View Register of approved conveyancers

 

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