Application
This unit describes the skills and knowledge required to read and interpret legal documents and provide advice to conveyancing clients within a range of contexts and environments. It includes defining the nature and function of documents in a transaction and advising the client about their rights, obligations and alternative courses of action, where required.
The unit applies to individuals who apply specialised knowledge and exercise attention to detail when interpreting, analysing and providing advice to others on complex legal documentation for a conveyancing transaction.
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.
Elements and Performance Criteria
1. Assess relevant legal principles | 1.1 Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction 1.2 Identify and document rules governing construction and interpretation of contracts and other legal documents 1.3 Identify and document rules for use of precedents, standard form contracts, and statutory forms 1.4 Conduct legal research, as required |
2. Identify interests of client | 2.1 Identify legal interests of the client in relation to subject matter of legal document 2.2 Identify terms essential to protect client’s interests 2.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document |
3. Evaluate document | 3.1 Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant 3.2 Check annexures to the document are accurate and relevant 3.3 Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement 3.4 Check legal document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form 3.5 Identify information to be obtained from or provided to third parties or other professionals in relation to legal document |
4. Examine document | 4.1 Examine legal document and interpret and analyse relevant legal principles and key terms 4.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document 4.3 Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language 4.4 Identify any non-compliance with legal requirements within legal document |
5. Evaluate issues | 5.1 Assess legal and non-legal issues and risks to the client arising from legal document 5.2 Interpret extent to which legal document does or does not protect interests of client 5.3 Interpret key terms or points for negotiation or referral with third parties or other professionals |
6. Advise client | 6.1 Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client 6.2 Summarise and communicate legal and non-legal issues and risks arising from legal document to client |
7. Clarify instructions | 7.1 Determine and discuss alternative courses of action with client where it is considered legal document does not adequately protect interests of client, or meet client’s other requirements 7.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client 7.3 Assist client in selecting a course of action 7.4 Refer client to other professionals for advice on appropriate course of action, where required |
8. Attend to signing legal document | 8.1 Identify statutory and other rules governing signing and witnessing of legal documents 8.2 Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client |
9. Document advice | 9.1 Prepare file note recording the substance and details of the advice given to client and instructions received 9.2 Despatch correspondence to client confirming advice given in relation to legal document and instructions received 9.3 Provide concise instructions on signing and witnessing legal document, where required |
Evidence of Performance
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:
review and interpret legal documents correctly and explain meanings and implications to clients on at least three occasions.
In the course of the above, the candidate must:
compare legal requirements with client instructions
prepare written or verbal advice for clients
maintain accurate and thorough records.
Evidence of Knowledge
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:
principles of law applicable to reading and interpreting legal documents and transactions
nature of relevant legal documents
key features of:
transactions for personal, business or real estate conveyancing
contracts for the sale or lease of land and other documents used in conveyancing
current legislative, regulatory and industry practices, procedures and services
insurance requirements relevant to a conveyancing transaction, including title insurance
policies, procedures and business requirements of the practice
relevant consumer protection compliance requirements
rules and procedures related to:
precedents, templates and statutory forms
construction and interpretation of documents.
Assessment Conditions
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 conveyancing transaction.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Foundation Skills
Reading | Accesses and interprets complex legal documentation from a variety of sources using detailed criteria to closely examine, analyse and check for accuracy, completeness and relevance |
Writing | Records and synthesises information accurately using correct writing mechanics and organisational formats Prepares files and correspondence using logical structure and language and concepts appropriate for purpose and audience |
Oral Communication | Uses questioning and active listening to determine and confirm requirements and understanding Presents complex information using vocabulary, tone and pace appropriate for the audience and purpose |
Planning and organising | Plans, organises, and implements processes to complete required tasks efficiently and according to statutory and organisational requirements |
Problem solving | Uses analytical thinking to anticipate potential problems and form contingency plans |
Technology | Uses the main features and functions of digital tools to complete work tasks and to access information |
Sectors
Technical Skills – Conveyancing