Application
This unit describes the skills and knowledge required to prepare legal documents to support conveyancing transactions on behalf of clients.
It applies to individuals who use organisational skills to analyse and prepare legal documents suitable for purpose.
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. Determine legal nature and relevance of documents | 1.1 Evaluate legal nature of document 1.2 Identify the structure, function and significance of document in conveyancing transaction 1.3 Interpret and apply statutory and general law principles governing document and its function in conveyancing transaction |
2. Prepare legal document | 2.1 Identify and apply rules governing construction and interpretation of contracts and other legal documents 2.2 Identify and apply rules for use of precedents, templates, standard form contracts, and statutory forms 2.3 Use principles of legal drafting, including use of plain language, to prepare the document |
3. Draft and review document | 3.1 Interpret and draft terms essential to protect client’s interests 3.2 Review and rectify any lack of conformity with client’s instructions |
4. Check document | 4.1 Check parties, property information and factual details for accuracy 4.2 Check annexures to document for accuracy and relevance 4.3 Correct gaps, spelling and grammatical errors, lack of certainty or ambiguity in language 4.4 Review and rectify non-compliance with legal principles within document |
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:
prepare legal documents for conveyancing transactions that comply with legislative requirements and client requirements on at least four occasions.
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 and laws applicable to drafting legal documents for conveyancing transactions
definitions of conflict of interest within legislation and the industry
current legislative, regulatory and industry practices, procedures and services
common legal terms
common professional and conveyancing industry terminology
common words or terms relevant to drafting legal documents for conveyancing transactions
contracts and other legal documents relevant to conveyancing transactions
transactions for personal, business or real estate conveyancing
policies, procedures and business requirements of relevant practice
key rules and procedures for:
use of 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:
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 | Analyses and evaluates complex documentation from a variety of sources checking for accuracy, completeness and relevance |
Writing | Prepares comprehensive, clear and accurate legal documents |
Oral Communication | Uses questioning and active listening to participate in verbal exchanges to convey and clarify information and resolve issues with range of personnel |
Self-management | Takes full responsibility for ensuring that all documentation and processes comply with legislative requirements and principles of legal drafting |
Planning and organising | Plans, organises and implements tasks and workload for efficiency and in accordance with legal and organisational requirements |
Problem solving | Uses problem solving processes to identify, analyse and address issues regarding legal documents |
Technology | Uses the main features and functions of digital tools to complete work tasks and to access information |
Sectors
Technical Skills – Conveyancing