Assessor Resource

BSBCNV612
Identify and apply legal requirements for a conveyancing transaction

Assessment tool

Version 1.0
Issue Date: May 2024


This unit describes the skills and knowledge required to analyse and interpret legal requirements for conveyancing transactions within a range of contexts and environments. It encompasses identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, and maintaining appropriate records.

It applies to individuals who use specialised knowledge and skills to research and evaluate complex information and compliance requirements and apply that information to relevant tasks.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the BSB Companion Volume Implementation Guide or the relevant regulator for specific guidance on requirements.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

interpret and comply with legislation and industry codes of conduct relating to conveyancing transactions and agency operations.

In the course of the above, the candidate must:

conduct legal research

communicate key information to clients and other relevant professionals

maintain file records.

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

legal principles, requirements and amendments affecting conveyancing transactions and agency operations

industry codes of conduct

common problems associated with interpreting legislation

relevant case law

features of Commonwealth, and State or Territory legislation and local government regulations relating to:

contracts of sale of land

leases, easements, encumbrances, caveats and planning laws

disclosure requirements

duties and taxes

government fees and registration requirements

government reporting requirements

insurance

relevant legislation regarding the payment of a deposit

estate agents’ legislative requirements

competition and consumer protection

privacy

corporations and other legal entities.

Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.

This includes access to:

assessment records showing the preparation of a variety of legal documents to support a transaction.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

interpret and comply with legislation and industry codes of conduct relating to conveyancing transactions and agency operations.

In the course of the above, the candidate must:

conduct legal research

communicate key information to clients and other relevant professionals

maintain file records.

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

legal principles, requirements and amendments affecting conveyancing transactions and agency operations

industry codes of conduct

common problems associated with interpreting legislation

relevant case law

features of Commonwealth, and State or Territory legislation and local government regulations relating to:

contracts of sale of land

leases, easements, encumbrances, caveats and planning laws

disclosure requirements

duties and taxes

government fees and registration requirements

government reporting requirements

insurance

relevant legislation regarding the payment of a deposit

estate agents’ legislative requirements

competition and consumer protection

privacy

corporations and other legal entities.

Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.

This includes access to:

assessment records showing the preparation of a variety of legal documents to support a transaction.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify conveyancing practice’s legal framework 
Access legislation and regulations relevant to the provision of conveyancing services 
Interpret relevant legislation and its application to conveyancing practice 
Identify and analyse relevant case law for relevant legal principles 
Interpret and analyse the structure of legislation and regulations that relate to conveyancing transactions 
Analyse common interpretation problems 
Apply interpretation rules and techniques relating to legislation and regulations in conveyancing transactions 
Identify processes that lead to changes in legislation and regulations 
Access source documents for amendment legislation relevant to provision of conveyancing services 
Establish process and technique for tracking amendments to legislation and regulations 
Interpret and address implications of changes to legislative and regulatory requirements in line with agency procedures 
Communicate changes to legislative and regulatory requirements to relevant people in line with agency policies and procedures 
Source and access relevant codes of conduct 
Interpret relationship between industry codes of conduct and legislative requirements 
Apply key principles and responsibilities of codes of conduct to own work in line with industry practice 
Confirm own ethical behaviour complies with relevant codes of conduct 
Identify practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct 
Maintain relevant records of legislation, regulations and codes of conduct 

Forms

Assessment Cover Sheet

BSBCNV612 - Identify and apply legal requirements for a conveyancing transaction
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBCNV612 - Identify and apply legal requirements for a conveyancing transaction

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: