This unit applies to individuals who apply knowledge of a range of principles in property law matters. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

ELEMENT

PERFORMANCE CRITERIA

1. Define nature of property law

1.1. Source legislation, regulations and policies relevant to property law

1.2. Outline difference between real and personal property and make distinctions about their method of transfer

1.3. Identify titles of ownership and their legal implications

1.4. Identify types of mortgages, their legal implications, processes for obtaining and discharging them, and the rights of mortgagees

2. Enhance professional practice through application of relevant principles of property law matters

2.1. Identify parties involved in buying and selling a property and their respective roles

2.2. Identify steps involved in buying and selling a property

3. Prepare documentation associated with property law matters, including costing

3.1. Obtain relevant documents from authorities and service providers

3.2. Ensure documentation associated with sale or purchase of property is prepared according to organisation's policies and procedures

3.3. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services

3.4. Draft leases according to instructions

3.5. Identify the duties of lessor and lessee

3.6. Ensure documentation is reviewed and signed off by designated person

4. Facilitate file administration

4.1. Arrange meetings and conferences as appropriate

4.2. Register and lodge relevant documents with land titles and other relevant government agencies

4.3. Check documentation and maintain file according to organisation's policies and procedures

4.4. Attend to post-settlement procedures

Required skills

communication skills to:

give and interpret instructions

provide clear and specific instructions about information required

literacy skills to:

follow complex legal procedures

edit and proofread documents to ensure clarity of meaning and conformity to enterprise requirements

check for accuracy and consistency of information

numeracy skills to:

record deposits

calculate stamp duties, outstanding mortgage payments and bank cheque amounts

organisational skills toselect and apply the procedures and strategies needed to perform a range of tasks within designated timelines

research skills to:

locate necessary information from external sources

identify and evaluate the status of information

technology skills to:

operate office equipment

use a range of common software packages

time-management skills to prepare documentation within timelines

Required knowledge

scope of job role in the context of legislation, regulations and codes of practice in relevant jurisdictions

relevant court processes, current legislation, legal processes and required documentation

property law as applicable to the scope of workplace responsibilities

accepted codes of practice relevant to the workplace, including those relating to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

compliance with reasonable direction

organisation's required policies and procedures for the full range of tasks covered

legal terminology, including that specific to property law

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:

prepare, give and obtain appropriate and accurate information and documents from the parties at the required stages of the legal process

conduct duties according to accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interest and compliance with reasonable direction

apply the principles of property law in the buying and selling of property and preparation and execution of leases

carry out the administrative activities associated with buying and selling property and preparing leasing contracts.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

appropriate legislation and regulations relevant to property law

workplace manuals and reference materials, such as company policies, procedural manuals and checklists

list of relevant sources of documentation and sample forms

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate texts and people with expert knowledge, such as legal practitioners

appropriate legislation and regulations relevant to common legal matters.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge.The following examples are appropriate for this units:

analysis of responses to case studies and scenarios

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate

observation of role plays

review of draft residential and commercial leasing contract

review of draft contract of sale

review of pre-settlement and post-settlement documents

oral or written questioning to assess knowledge of legal terminology specific to property law.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

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.

Legislation, regulations and policies may include:

commonwealth, state and territory legislation relevant to property law

government regulations and policies on property law.

Titles of ownership must include:

99 year lease

community

company

old system

qualified

strata title

torrens.

Parties involved in buying and selling a property may include:

agent

first mortgagee's representative

purchaser

purchaser's representative

second mortgagee's representative

vendor

vendor's representative.

Steps involved in buying and selling a property may include:

arranging deposit

arranging settlement meeting

calculating balance and to whom payment should be made

despatching documents to relevant parties

discharging vendor's mortgage/s

exchanging contracts

handling requisitions

invoicing client

preparing prescribed documents and contracts

registering documents at land titles office

securing finance

signing contracts

stamping documents

transferring title

updating files and titles book.

Relevant documents include:

certificate of title

documents concerning easements and right of way

plan of land

plan of sewerage on property

town planning certificate.

Authorities and service providers include:

land titles office

local government offices

water authorities.

Documentation may include:

contract attachments

contract of sale

forward transfer

letter of confirmation of settlement

order of agent

settlement documents, including settlement sheet.

Organisation's policies and procedures may include:

contingency management

individual procedures adopted by instructing legal practitioner

office procedural manuals

precedents for various property documents

protocol for accommodating specific client needs

recording information

requisition forms

security, confidentiality and privacy procedures

using electronic document exchange systems

using electronic funds transfer systems.

Designated person may include:

barrister

government official

legal practitioner

person authorised by government to carry out identified property law matters

supervisor.

Unit sector

Administration - legal administration

This unit contains employability skills.