Application
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.
Elements and Performance Criteria
1. Interpret legal principles and legislative requirements | 1.1 Identify conveyancing practice’s legal framework 1.2 Access legislation and regulations relevant to the provision of conveyancing services 1.3 Interpret relevant legislation and its application to conveyancing practice 1.4 Identify and analyse relevant case law for relevant legal principles |
2. Evaluate legislative requirements | 2.1 Interpret and analyse the structure of legislation and regulations that relate to conveyancing transactions 2.2 Analyse common interpretation problems 2.3 Apply interpretation rules and techniques relating to legislation and regulations in conveyancing transactions |
3. Track and interpret changes to legislation and regulations | 3.1 Identify processes that lead to changes in legislation and regulations 3.2 Access source documents for amendment legislation relevant to provision of conveyancing services 3.3 Establish process and technique for tracking amendments to legislation and regulations 3.4 Interpret and address implications of changes to legislative and regulatory requirements in line with agency procedures 3.5 Communicate changes to legislative and regulatory requirements to relevant people in line with agency policies and procedures |
4. Comply with codes of conduct | 4.1 Source and access relevant codes of conduct 4.2 Interpret relationship between industry codes of conduct and legislative requirements 4.3 Apply key principles and responsibilities of codes of conduct to own work in line with industry practice 4.4 Confirm own ethical behaviour complies with relevant codes of conduct |
5. Maintain records of legislation and industry codes | 5.1 Identify practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct 5.2 Maintain relevant records of legislation, regulations and codes of conduct |
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:
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.
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:
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.
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 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 information and uses analytical skills to interpret complex documentation from a variety of sources |
Writing | Prepares complex documents including formal and informal letters, reports and applications Completes forms and maintains records |
Oral Communication | Participates in verbal exchanges to convey and clarify information with range of personnel |
Self-management | Takes full responsibility for following policies, procedures and legislative requirements and identifies organisational implications of new legislation or regulations Understands responsibilities of own role to behave ethically and according to codes of practice |
Planning and organising | Plans, schedules and implements processes and tasks to maintain currency of legislation, regulation and codes of practice for organisational use |
Problem solving | Uses problem solving processes to identify, analyse and resolve issues that could have legal consequences |
Technology | Uses the main features and functions of digital tools to complete work tasks and access information |
Sectors
Technical Skills – Conveyancing