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Conveyancers Licensing Order 2006

[2006-715]


NSW Crest

Status Information

Currency of version
Current version for 1 July 2012 to date (accessed 19 May 2013 at 03:49).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 July 2012.

Contents

1 Name of Order
2 Commencement
3 Definitions
4 Qualifications for licence
5 Corresponding laws
6 Approved policy of professional indemnity insurance

Schedule 1 Qualifications for licence

Historical notes

NSW Crest

1   Name of Order

This Order is the Conveyancers Licensing Order 2006.

2   Commencement

This Order commences on 15 December 2006.

3   Definitions

In this Order:

approved bridging course means any of the following courses:

(a)  the Conveyancers Licensing Bridging Course conducted by the University of Western Sydney—Centre for Agency Licensing Education,
(b)  the Conveyancing-Law and Practice—Bridging Course for Conveyancers conducted by Macquarie University,
(c)  the Conveyancing Bridging Course conducted by the Sydney Institute of Technology.

full licence means a licence that is not a restricted licence.

recognised law degree or diploma means any of the following degrees, diplomas or qualifications:

(a)  a law degree conferred by a tertiary institution in Australia,
(b)  a law diploma conferred by the Legal Profession Admission Board,
(c)  any corresponding academic qualification within the meaning of section 24 of the Legal Profession Act 2004.

restricted licence means a licence that is subject to a condition prohibiting the licensee from carrying out conveyancing work otherwise than under the supervision of:

(a)  a licensee who is the holder of a full licence, or
(b)  an Australian legal practitioner whose practising certificate is an unrestricted practising certificate.

the Act means the Conveyancers Licensing Act 2003.

unrestricted practising certificate has the same meaning as in the Legal Profession Act 2004.

4   Qualifications for licence

(1)  For the purposes of section 9 (1) of the Act, the following are approved qualifications for the issue of a full licence:
(a)  Conveyancing qualifications
The combination of the following qualifications:
(i)  the educational qualifications, and any additional educational qualifications, set out in Schedule 1,
(ii)  at least 2 years’ practical experience in conveyancing work, at least one year of which was obtained while employed or otherwise engaged on a full-time basis under the supervision of a licensee whose licence was not a restricted licence or an Australian legal practitioner with an unrestricted practising certificate,
(b)  Legal qualifications
The combination of the following qualifications:
(i)  a recognised law degree or diploma,
(ii)  practical experience, being either:
(A)  practical experience (including experience in conveyancing work) that confers eligibility to receive a practising certificate authorising practice as an Australian legal practitioner without supervision, or
(B)  at least 2 years’ practical experience in conveyancing work, at least one year of which was obtained while employed or otherwise engaged on a full-time basis under the supervision of a licensee whose licence was not a restricted licence or an Australian legal practitioner with an unrestricted practising certificate,
(c)  Licensee under 1995 Act
Having held a full licence under the Conveyancers Licensing Act 1995,
(d)  Licensee under 1992 Act
Having held a licence under the Conveyancers Licensing Act 1992 and having completed an approved bridging course.
(2)  For the purposes of section 9 (1) of the Act, the following are approved qualifications for the issue of a restricted licence:
(a)  Conveyancing qualifications
The combination of the following qualifications:
(i)  the educational qualifications, and any additional educational qualifications, set out in Schedule 1,
(ii)  at least 1 year’s practical experience in conveyancing work that was obtained while employed or otherwise engaged on a full-time basis under the supervision of a licensee whose licence was not a restricted licence or an Australian legal practitioner with an unrestricted practising certificate,
(b)  Legal qualifications
The combination of the following qualifications:
(i)  a recognised law degree or diploma,
(ii)  practical experience, being either:
(A)  practical experience (including experience in conveyancing work) that confers eligibility to receive a practising certificate authorising practice as a legal practitioner without supervision, or
(B)  at least 1 year’s practical conveyancing experience that was obtained while employed or otherwise engaged on a full-time basis under the supervision of a licensee whose licence was not a restricted licence or an Australian legal practitioner with an unrestricted practising certificate.

5   Corresponding laws

For the purposes of the definition of corresponding law in section 10 (4) of the Act, the following laws are declared to be laws that correspond to the Act:
(a)  the Conveyancers Act 1994 of South Australia and any regulations in force under that Act,
(b)  the Settlement Agents Act 1981 of Western Australia and any regulations in force under that Act,
(c)  the Agents Licensing Act of the Northern Territory and any regulations in force under that Act.

6   Approved policy of professional indemnity insurance

The master policy of professional indemnity insurance (Number LPS011195725) of Vero Insurance Limited and Allianz Australia Limited covering the period from 1 July 2012 to 30 June 2013 is approved for the purposes of clause 6 (2) (a) of the Conveyancers Licensing Regulation 2006.

Schedule 1 Qualifications for licence

(Clause 4)

Educational qualification

Additional educational qualification

Conveyancing—Law and Practice course (amended course effective from August 1996) conducted by Macquarie University

Nil

Conveyancing—Law and Practice course conducted by Macquarie University and completed before December 1997

Completion of an approved bridging course

Advanced Diploma of Conveyancing FNS60310, which includes all of the following:

(a)  the following core units of competency:
(i)  BSBWOR401A Establish effective workplace relationships
(ii)  BSBITS401A Maintain business technology
(iii)  BSBOHS303B Contribute to OHS hazard identification and risk assessment
(iv)  FNSINC401A Apply principles of professional practice to work in the financial services industry
(v)  FNSCNV501A Take instructions in relation to a transaction
(vi)  FNSCNV502A Read and interpret a legal document and provide advice
(vii)  FNSCNV503A Analyse and interpret legal requirements for a transaction
(viii)  FNSCNV601A Identify and conduct searches
(ix)  FNSCNV504A Prepare legal documents
(x)  FNSCNV505A Finalise the conveyancing transaction
(xi)  FNSCNV506A Establish and manage a trust account
(b)  the following elective units of competency:
(i)  BSBLEG413A Identify and apply the legal framework
(ii)  FNSACC403A Make decisions in a legal context
(iii)  BSBLEG415A Apply the principles of contract law
(iv)  BSBLEG416A Apply the principles of the law of torts
(v)  BSBLEG512A Apply legal principles in property law matters
(vi)  BSBSMB401A Establish legal and risk management requirements of a small business
(vii)  FNSORG602A Develop and manage financial systems

Nil

Advanced Diploma in Conveyancing FNS60311, which includes all of the following:

(a)  the following core units of competency:
(i)  BSBLEG415A Apply the principles of contract law
(ii)  FNSINC401A Apply principles of professional practice to work in the financial services industry
(iii)  FNSCNV501A Take instructions in relation to a transaction
(iv)  FNSCNV502A Read and interpret a legal document and provide advice
(v)  FNSCNV503A Analyse and interpret legal requirements for a transaction
(vi)  FNSCNV601A Identify and conduct searches
(vii)  FNSCNV504A Prepare legal documents
(viii)  FNSCNV505A Finalise the conveyancing transaction
(ix)  FNSCNV506A Establish and manage a trust account
(b)  the following elective units of competency:
(i)  BSBWOR401A Establish effective workplace relationships
(ii)  BSBITS401A Maintain business technology
(iii)  BSBOHS303B Contribute to OHS hazard identification and risk assessment
(iv)  BSBLEG413A Identify and apply the legal framework
(v)  FNSACC403A Make decisions in a legal context
(vi)  BSBLEG416A Apply the principles of the law of torts
(vii)  BSBLEG512A Apply legal principles in property law matters
(viii)  BSBSMB401A Establish legal and risk management requirements of a small business
(ix)  FNSORG602A Develop and manage financial systems

Nil

Advanced Diploma in Conveyancing (amended course effective from February 1997) conducted by the Sydney Institute of Technology, Ultimo, and completed before 30 June 2015

Nil

Advanced Diploma in Conveyancing conducted by the Sydney Institute of Technology, Ultimo and completed before February 1997

Completion of an approved bridging course

Associate Degree in Law (Paralegal Studies) (amended course effective from February 1996) conducted by Southern Cross University, Lismore

Nil

Associate Degree in Law (Paralegal Studies) conducted by Southern Cross University, Lismore and completed before February 1996

Completion of approved bridging course

Bachelor of Arts Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed in or after February 1996

Nil

Bachelor of Arts Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed before February 1996

Completion of an approved bridging course

Bachelor of Business Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed in or after February 1996

Nil

Bachelor of Business Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed before February 1996

Completion of an approved bridging course

Bachelor of Legal and Justice Studies Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed in or after February 1996

Nil

Bachelor of Legal and Justice Studies Degree conducted by Southern Cross University, Lismore (if the conveyancing option has been completed) and completed before February 1996

Completion of an approved bridging course

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Conveyancers Licensing Order 2006 (715). GG No 175 of 8.12.2006, p 10450 (see also GG No 183 of 15.12.2006, p 10917). Date of commencement, 15.12.2006, cl 2. This Order has been amended as follows:

2007

(311)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2007. GG No 83 of 29.6.2007, p 4161.
Date of commencement, on gazettal.

2008

(167)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2008. GG No 66 of 6.6.2008, p 4665.
Date of commencement, 1.7.2008, cl 2.

2009

(299)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2009. GG No 93 of 26.6.2009, p 3582.
Date of commencement, 1.7.2009, cl 2.

2010

(200)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2010. GG No 66 of 21.5.2010, p 2178.
Date of commencement, 1.7.2010, cl 2.

 

(652)

Conveyancers Licensing Amendment (Qualifications) Order 2010. GG No 130 of 26.11.2010, p 5598.
Date of commencement, on gazettal, cl 2.

2011

(51)

Conveyancers Licensing Amendment (Qualifications) Order 2011. LW 11.2.2011.
Date of commencement, on publication on LW, cl 2.

 

(230)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2011. LW 13.5.2011.
Date of commencement, 1.7.2011, cl 2.

2012

(195)

Conveyancers Licensing Amendment (Qualifications) Order 2012. LW 18.5.2012.
Date of commencement, on publication on LW, cl 2.

 

(236)

Conveyancers Licensing Amendment (Approved Professional Indemnity Insurance Policy) Order 2012. LW 1.6.2012.
Date of commencement, 1.7.2012, cl 2.

Table of amendments

Cl 6

Ins 2007 (311), cl 2. Subst 2008 (167), cl 3; 2009 (299), cl 3; 2010 (200), cl 3; 2011 (230), cl 3; 2012 (236), cl 3.

Sch 1

Am 2010 (652), Sch 1; 2011 (51), Sch 1; 2012 (195), Sch 1.

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