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Elements and Performance Criteria

1. Interpret legal principles and legislative requirements
   • 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
2. Evaluate legislative requirements
   • 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
3. Track and interpret changes to legislation and regulations
   • 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
4. Comply with codes of conduct
   • 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
5. Maintain records of legislation and industry codes
   • 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

Performance Evidence

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.

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Knowledge Evidence

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.

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