FNSCNV601A - Identify and conduct searches assessment tool

Assessor Resource

FNSCNV601A
Identify and conduct searches

Assessment tool

Version 1.0
Issue Date: May 2024

The unit has application to job roles involving conveyancing transactions in real estate, business or personal assets.

This unit describes the functions associated with conducting searches, analysing and evaluating all relevant conveyancing data for the transaction following confirmation of initial instructions from the client.

It encompasses identifying information needs, performing relevant document searches and investigations, evaluating issues arising with transactions, dealing with third parties and other professionals, and presenting information relevant to the transaction to the client.

This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Employability Skills

This unit contains employability skills.

Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.


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 practice's 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

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title] Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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 e-conveyancing systems, for personal, business or real estate conveyancing


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.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice	Yes	No	Comments/feedback
Sources of information relevant to the transaction are identified
Documentation and titles are examined to confirm facts relating to transactions
Searches to be performed are defined and agreed with client prior to commencement
Required reports are identified and arranged with the appropriate bodies to meet agreed timelines
Applicable fees, taxes, other expenses and rebates are identified and clients are advised promptly and accurately
Searches are performed and completed accurately and thoroughly using appropriate methods
Legal positions are established and recorded in accordance with the practice's policy and procedures
All relevant reports required from third parties are obtained from the appropriate bodies
Legal issues and risks are identified, summarised and communicated to client clearly and promptly and in accordance with relevant legislation, regulations and the practice's policy and procedures
Client's rights within the transaction are defined and clarified for the client
Desired outcomes are established and strategies to achieve them are devised in consultation with client
Implications for professional indemnity insurance are assessed thoroughly and appropriate action is taken
Relevant third parties and other professionals are identified
Information to be obtained from or provided to third parties and other professionals is identified
Appropriate consultation with third parties and other professionals occurs and authorities are obtained
Documentation is presented clearly and promptly and in accordance with relevant legislation and regulations and the practice's policy and procedures
Information necessary for the transaction to proceed in a legally binding manner is recorded and documented in client files
Client is advised of the implications of all information received from or forwarded to relevant parties

Forms

Assessment Cover Sheet

FNSCNV601A - Identify and conduct searches

Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

Assessor name:

Signature:

Date:

Assessment Record Sheet

FNSCNV601A - Identify and conduct searches

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date:

Assessor Resource

FNSCNV601A Identify and conduct searchesAssessment tool

Version 1.0 Issue Date: May 2024

Employability Skills

Evidence Required

Submission Requirements

Assessment Tasks

Observation Checklist

Forms

Assessment Cover Sheet

FNSCNV601A - Identify and conduct searches

Assessment task 1: [title]

Assessment Record Sheet

FNSCNV601A - Identify and conduct searches

FNSCNV601A
Identify and conduct searches

Assessment tool

Version 1.0
Issue Date: May 2024