Conveyancers Licensing Act 2003 CONVEYANCERS LICENSING ORDER 2006 - Made under the Conveyancers Licensing Act 2003 - As at 18 May 2012 - Reg 715 of 2006 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Order 2. Commencement 3. Definitions 4. Qualifications for licence 5. Corresponding laws 6. Approved policy of professional indemnity insurance SCHEDULE 1 CONVEYANCERS LICENSING ORDER 2006 - REG 1 Name of Order 1 Name of Order This Order is the Conveyancers Licensing Order 2006. CONVEYANCERS LICENSING ORDER 2006 - REG 2 Commencement 2 Commencement This Order commences on 15 December 2006. CONVEYANCERS LICENSING ORDER 2006 - REG 3 Definitions 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. CONVEYANCERS LICENSING ORDER 2006 - REG 4 Qualifications for licence 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) 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) 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) Having held a full licence under the Conveyancers Licensing Act 1995, (d) 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) 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) 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. CONVEYANCERS LICENSING ORDER 2006 - REG 5 Corresponding laws 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. CONVEYANCERS LICENSING ORDER 2006 - REG 6 Approved policy of professional indemnity insurance 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 2011 to 30 June 2012 is approved for the purposes of clause 6 (2) (a) of the Conveyancers Licensing Regulation 2006. CONVEYANCERS LICENSING ORDER 2006 - SCHEDULE 1 SCHEDULE 1 – Qualifications for licence (Clause 4) _____________________________________________________________________________ |_____________________________________________________________________________| |Conveyancing—Law and Practice course| | |(amended course effective from August |Nil | |1996) conducted by Macquarie | | |_____________________________________________________________________________| |Conveyancing—Law and Practice course|Completion of an approved bridging | |conducted by Macquarie University and |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 |Nil | |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 | | |_____________________________________________________________________________| |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) |Nil | |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 | | |_____________________________________________________________________________| |Advanced Diploma in Conveyancing | | |(amended course effective from | | |February 1997) conducted by the Sydney|Nil | |Institute of Technology, Ultimo, and | | |_____________________________________________________________________________| |Advanced Diploma in Conveyancing | | |conducted by the Sydney Institute of |Completion of an approved bridging | |Technology, Ultimo and completed |course | |_____________________________________________________________________________| |Associate Degree in Law (Paralegal | | |Studies) (amended course effective |Nil | |from February 1996) conducted by | | |_____________________________________________________________________________| |Associate Degree in Law (Paralegal | | |Studies) conducted by Southern Cross |Completion of approved bridging course| |University, Lismore and completed | | |_____________________________________________________________________________| |Bachelor of Arts Degree conducted by | | |Southern Cross University, Lismore (if| | |the conveyancing option has been |Nil | |completed) and completed in or after | | |_____________________________________________________________________________| |Bachelor of Arts Degree conducted by | | |Southern Cross University, Lismore (if|Completion of an approved bridging | |the conveyancing option has been |course | |completed) and completed before | | |_____________________________________________________________________________| |Bachelor of Business Degree conducted | | |by Southern Cross University, Lismore | | |(if the conveyancing option has been |Nil | |completed) and completed in or after | | |_____________________________________________________________________________| |Bachelor of Business Degree conducted | | |by Southern Cross University, Lismore |Completion of an approved bridging | |(if the conveyancing option has been |course | |completed) and completed before | | |_____________________________________________________________________________| |Bachelor of Legal and Justice Studies | | |Degree conducted by Southern Cross | | |University, Lismore (if the |Nil | |conveyancing option has been | | |completed) and completed in or after | | |_____________________________________________________________________________| |Bachelor of Legal and Justice Studies | | |Degree conducted by Southern Cross | | |University, Lismore (if the |Completion of an approved bridging | |conveyancing option has been |course | |completed) and completed before | | |_____________________________________________________________________________| CONVEYANCERS LICENSING ORDER 2006 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsConveyancers 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: ___________________________________________________________________________ | | |Conveyancers Licensing Amendment (Approved Professional | | | |Indemnity Insurance Policy) Order 2007. GG No 83 of 29.6.2007, p| |2007|(311)|4161. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Approved Professional | | | |Indemnity Insurance Policy) Order 2008. GG No 66 of 6.6.2008, p | |2008|(167)|4665. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Approved Professional | | | |Indemnity Insurance Policy) Order 2009. GG No 93 of 26.6.2009, p| |2009|(299)|3582. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Approved Professional | | | |Indemnity Insurance Policy) Order 2010. GG No 66 of 21.5.2010, p| |2010|(200)|2178. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Qualifications) Order | | |(652)|2010. GG No 130 of 26.11.2010, p 5598. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Qualifications) Order | |2011|(51) |2011. LW 11.2.2011. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Approved Professional | | |(230)|Indemnity Insurance Policy) Order 2011. LW 13.5.2011. | | | | | |___________________________________________________________________________| | | |Conveyancers Licensing Amendment (Qualifications) Order | |2012|(195)|2012. LW 18.5.2012. | | | | | |___________________________________________________________________________| Table of amendments ___________________________________________________________________________ |Cl 6 |Ins 2007 (311), cl 2. Subst 2008 (167), cl 3; 2009 (299), cl 3; 2010 | |___________________________________________________________________________| |___________________________________________________________________________|