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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Identify information needs
  2. Perform relevant document searches and investigations
  3. Evaluate issues arising with transaction
  4. Deal with third parties and other professionals
  5. Present information relevant to the transaction to the client

Required Skills

Required skills

analytical evaluative and deductive reasoning to identify risk and solve problems related to searches

communication skills to

determine and confirm third party requirements

liaise with others share information listen and understand

use language and concepts appropriate to cultural differences

IT skills for

using computerised and manual trust account systems

accessing and presenting information and using appropriate software such as spreadsheets databases and using internet information

literacy skills to read and interpret documentation from a variety of sources current computer and office technology skills

numeracy skills to accurately analyse record and store data in accordance with organisational requirements

organisational skills including the ability to plan and sequence work

problem solving skills to address conveyancing issue that may arise

record keeping skills with attention to detail to accurately maintain information on the transaction

research and analysis skills for accessing interpreting and managing complex information relevant to searches

Required knowledge

business principles and law applicable to conveyancing transactions

current legislative regulatory and industry practices procedures and services

current procedures and practices of financial institutions

insurance requirements relevant to a conveyancing transaction

policies procedures and business requirements of the practice

professional and industry terminology

registration and conversion procedures and strategies

relevant consumer protection requirements

relevant types of contract and other required documentation

risk assessment and evaluation strategies

types of document searches including econveyancing systems for personal business or real estate conveyancing

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to

communicate effectively with a client and third parties to a transaction

accurately request relevant search information from authorities and third parties

apply practices policy and procedures and relevant legislation to information searches

accurately identify and record search information

assess transaction risk and recommend strategies determined from information

present clear concise and accurate information in relation to a transaction

Context of and specific resources for assessment

Assessment must ensure

competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a workplace or a closely simulated work environment

access to and use of a range of common office equipment technology software and consumables

suitable assessment records showing the conduct of conveyancing search

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples in combination are appropriate for this unit

evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency

verbal or written questioning on underpinning knowledge and skills which may include formal examinations

setting and reviewing workplace projects and business simulations or scenarios

evaluating samples of work

accessing and validating third party reports

Guidance information for assessment


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Sources may be in manual or electronic format and information requirements may include:

insurance

legal, official and professional

licensing

ministerial and other consent procedures

planning

searching, including prescribed requirements

stamping and registration.

Titles may include:

real property

caveats

dealings

exceptions to indefeasibility

indefeasibility of title

possessory title

priorities

register

unregistered interests

limited title

strata schemes

company title

Old System Title or common law

nature - legal and equitable interests

notice - actual, constructive, imputed

priorities

registration of deeds

community title

leasehold title

crown land

rural land

co-ownership

creation of concurrent interests

determination of concurrent interests

joint tenants, tenancy in common

rights of co-owners among themselves.

Transactions may include:

a range of dealings in real estate, business or personal property.

Searches may include:

Real property searches and dealing references

cautions and removals under recognised limits

caveats

unregistered mortgages

family law claims

prior interests

family Provisions Act claims

agreements for lease

covenants

easements, including rights of way

encumbrances and charges

Land Commission recording

mortgages

positive covenants

reservations and conditions

restrictions on transfer or other dealings

restrictions on user

resumptions

writs

Surveys

access

distances from boundaries

easements and restrictions on use

encroachments

party walls

the nature of improvements

title reference

Plans of subdivision

affectations notified by the Survey Certificate, as above

dedications

easements

exclusions

restrictions on access

restrictions on user

right to possession

section 88b instruments

Certificates and enquiries

notification from certificates of currency

notification from the building report

notifications appearing on usual certificates from the relevant authorities

notifications of owners corporation

Strata title plans and community title plans

boundaries

by-laws and schemes

certificate of management

lot included - area dimensions

certificate and notices

stage development notations

unit entitlement

Old system, qualified and limited (common law) title

crown grant

matters affected by good chain of title

matters affected by good root of title

matters affected by perpetuities

metes and bounds description

notification in deposited deeds

operative words

the effect of registration

words of limitation

Conveyances and other deeds and documents of title

Conveyancing Act implications

covenants

operative words

recitals

sufficiency of execution

Crown land and other searches

account search

deeds register notification

Department of Lands notification

native title

rights of resumption

tenure search

Water Access Licence (WAL)

Constitution in respect of company title

amount paid up on shares

ASIC as to the company

date of incorporation

registered office

unsatisfied charges

appointment of receiver

resolution of winding up

ASIC disclosure requirements

compulsory sale of shares of a group who fails to comply with obligations imposed under the articles

defined areas of liability for maintenance of the building as to the company and shareholders

directors' right to decline to register any transfer of shares

directors' determination of total outgoings

division of shares into groups

power to amend regulations governing use of common areas of the building

restriction on the right to transfer share groups

the attachment of each of the respective share groups of the right subject to conditions specified, to exclusive use to a unit, garage or other area of the relevant building and the use of common areas

the election of directors

the payment by group holders of a proportion of outgoings unspecified in specified ratios

the right to let the unit

usual searches as to title of building with issued enquiries, including survey report and building certificates.

constitution and any special resolution amending.

Practice policy and procedures may include:

clerical and administrative procedures

client management practices and principles

disputes and complaints resolution procedures

financial and IT systems

management and supervisory practices

professional codes of practice

professional development requirements.

Relevant or required reports may include:

inspection reports

land/soil contamination reports

reports from third parties or other professionals

structural and building reports.

Third parties may include:

accounting or taxation:

accountants

auditors

liquidators

tax consultants

legal:

attorneys

barristers and solicitors

mediators

staff from legal offices

tribunals

trustees

real estate:

auctioneers

owner's corporation managers

landlords

managing agents or staff

owners corporations

real estate agents or staff

strata and community managers

tenants

valuers

building and construction:

architects

building inspectors

engineers

professional associations

surveyors, quantity surveyors and planning consultants

business or commercial:

company directors and managers

joint venturers

other conveyancers and their staff

financial institutions:

finance brokers and providers

financial advisers and consultants

insurance brokers and providers

loss adjusters and assessors

government departments and agencies:

consumer protection authorities

land titles offices

licensing authorities

municipal offices

rating authorities

town planners

beneficiaries

licensees

mortgagees and encumbrances

nominees

other parties to the transaction

timber pest inspectors.

Risks apply to both the client and conveyancer and may include:

business, professional and personal reputation

financial or economic

legal, regulatory or licensing

personal.

Relevant legislation and regulations may include

Commonwealth

Local government

State

Territory.

Client files may be:

new or existing or files transferred from other practices or organisations.

Documentation may include:

documents dealing with real or personal property

electronic documents or messages

interview records

legal, government, professional and other documents

meeting notes

minutes

official, general and other correspondence

records of telephone conversations

reference to all instructions, evidence or information gathered or considered

reports, correspondence and advice from other professionals or third parties

the basis on which decisions were determined

time sheets.