Conveyancers Licensing (Qualifications) Order 2006

This Order is the Conveyancers Licensing (Qualifications) Order 2006.

This Order commences on 15 December 2006.

In this Order—

accredited Advanced Diploma of Conveyancing means an Advanced Diploma of Conveyancing that is accredited by the National VET Regulator.

approved bridging course means any of the following courses—

the Conveyancers Licensing Bridging Course conducted by the University of Western Sydney—Centre for Agency Licensing Education,

the Conveyancing-Law and Practice—Bridging Course for Conveyancers conducted by Macquarie University,

the Conveyancing Bridging Course conducted by the Sydney Institute of Technology.

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

National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

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

a law degree conferred by a tertiary institution in Australia,

a law diploma conferred by the Legal Profession Admission Board,

any corresponding academic qualification within the meaning of section 24 of the Legal Profession Act 2004.

required elective units of competency means the following elective units of competency, or elective units of competency that supersede those units of competency—

BSBLEG421 Apply understanding of the Australian legal system,

FNSACC413 Make decisions in a legal context,

BSBLEG523 Apply legal principles in tort law matters,

BSBLEG528 Apply legal principles in property law matters,

BSBESB402 Establish legal and risk management requirements of new business ventures,

FNSORG602 Develop and manage financial systems.

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 licensee who is the holder of a full licence, or

an Australian legal practitioner whose practising certificate is an unrestricted practising certificate.

superseded Advanced Diploma of Conveyancing means an Advanced Diploma of Conveyancing that—

was, at the time the Advanced Diploma of Conveyancing was started, the current accredited Advanced Diploma of Conveyancing that includes the required elective units of competency, and

has been superseded by an equivalent accredited Advanced Diploma of Conveyancing that—

includes the required elective units of competency, and

is, at the time of superseding, the current accredited Advanced Diploma of Conveyancing.

the Act means the Conveyancers Licensing Act 2003.

transition period, in relation to a superseded Advanced Diploma of Conveyancing, means the time period approved by the National VET Regulator, by which an enrolled person must complete the superseded Advanced Diploma of Conveyancing.

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

For the purposes of section 9 (1) of the Act, the following are approved qualifications for the issue of a full licence—

Conveyancing qualifications

The combination of the following qualifications—

the educational qualifications, and any additional educational qualifications, set out in Schedule 1,

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,

Legal qualifications

The combination of the following qualifications—

a recognised law degree or diploma,

practical experience, being either—

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

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,

Licensee under 1995 Act

Having held a full licence under the Conveyancers Licensing Act 1995,

Licensee under 1992 Act

Having held a licence under the Conveyancers Licensing Act 1992 and having completed an approved bridging course.

For the purposes of section 9 (1) of the Act, the following are approved qualifications for the issue of a restricted licence—

Conveyancing qualifications

The combination of the following qualifications—

the educational qualifications, and any additional educational qualifications, set out in Schedule 1,

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,

Legal qualifications

The combination of the following qualifications—

a recognised law degree or diploma,

practical experience, being either—

practical experience (including experience in conveyancing work) that confers eligibility to receive a practising certificate authorising practice as a legal practitioner without supervision, or

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.

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—

the Conveyancers Act 1994 of South Australia and any regulations in force under that Act,

the Settlement Agents Act 1981 of Western Australia and any regulations in force under that Act,

the Agents Licensing Act of the Northern Territory and any regulations in force under that Act.