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

ELEMENT

PERFORMANCE CRITERIA

1. Identify legal principles and legislative requirements affecting conveyancing transactions.

1.1. Legal framework in which conveyancing practice is undertaken is identified

1.2. Components of statute law and their relationships are identified with respect to their application to conveyancing practice

1.3. Source documents for legislation and regulations relevant to the provision of conveyancing services are identified and accessed

2. Interpret legislative requirements affecting conveyancing transactions.

2.1. Structure of legislation and regulations and their interpretation are identified

2.2. Common interpretation problems are identified

2.3. Rules and techniques for interpreting legislation and regulations are identified and applied

3. Identify changes to legislation and regulations affecting agency operations

3.1. Processes that lead to changes in legislation and regulations are identified

3.2. Source documents for amendment legislation relevant to the provision of conveyancing services are identified and accessed

3.3. Techniques for tracking amendments to legislation and regulations are identified and applied

3.4. Implications of changes to legislative and regulatory requirements are identified and addressed in line with practice procedures

3.5. Strategies for identifying amendments to legislation and regulations are implemented

3.6. Changes to legislative and regulatory requirements are communicated to appropriate people in line with agency policy

4. Comply with relevant codes of conduct

4.1. Codes of conduct are sourced and accessed

4.2. Relationship between industry codes of conduct and legislative requirements are identified

4.3. Key principles and responsibilities of codes of conduct are interpreted and applied to own work in line with industry practice

4.4. Personal ethical behaviour complies with relevant codes of conduct

5. Maintain records of legislation and industry codes

5.1. Practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct are identified

5.2. Relevant records of legislation and codes of conduct are maintained

Required skills

ability to communicate with and relate to a range of people from diverse social,economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documentation such as:

parliamentary document

legislation regulations

codes of conduct

application of risk management strategies associated with compliance withlegislation, regulations and codes of practice

computing skills to:

access practice and resource databases

use standard software packages

send and receive emails

access the internet and web pages

completeand lodge standard documents online

decision making and problem solving skills to analyse situations and make decisionsconsistent with legislative and regulatory requirements

literacy skills to:

access and interpret a variety of texts, including legislation,regulations and codes of practice

prepare complex documents

prepareformal and informal letters, reports and applications

complete standard andstatutory forms

planning, organising and scheduling skills to maintain currency of conveyancer and practice, copies of legislation, regulations and codes of conduct

research skills to identify and locate legislation, regulations and codes of conduct

self-management skills to organise own work, deliver quality customer service andeffectively manage competing demands

Required knowledge

industry codes of conduct

common problems associated with interpreting legislation

principles of relevant legislation

Commonwealth, and State or Territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection, fair trading and trade practices

employment and industrial relations

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:

interpret legislation to identify legal principles affecting conveyancing

monitor and record changes in legislation affecting conveyancing practice

comply with industry and regulated codes of conduct.

Context of and specific resources for assessment

Assessment must ensure:

competency is demonstrated in the context of the 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 preparation of a variety of legal documents to support a transaction.

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

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.

Legal framework may include:

common law

contract law

equity law

statute law.

Components of statute law may include:

principal legislation, such as Acts

subordinate legislation, such as:

approvals

determinations

guidelines

mandatory and non-mandatory administrative

orders

regulations.

Legislation and regulations may include:

Commonwealth, and State or Territory legislation and local government regulations relating to:

anti-discrimination

consumer protection

conveyancing

employment and industrial relations

equal employment opportunity

fair trading

financial services

occupational health and safety (OHS)

privacy

trade practices.

Structure of legislation and regulations may include:

endnotes, including:

explanatory notes

index

table of amendments

section headings, margin notes and clause notes

parts, sections, subsections, paragraphs, regulations,

sub-regulations and clauses

types of provisions, including:

approvals

deeming provisions

definitions and interpretations

general penalties

objectives

offences

prescribed arrangements relating to regulations

orders.

Common interpretation problems may include:

ambiguous words

broad phrases

need for words to be implied

printing and drafting errors

unforeseen developments, such as changes in technology or practice.

Rules and techniques for interpreting legislation and regulations may include:

aids to the interpretation of legislation, including:

Hansard/parliamentary papers, legal dictionaries and judicial interpretations - precedent

external: interpretations of legislation, Acts

internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, margin notes and punctuation

language conventions and expressions, including:

and, or

gender

hierarchy

includes

may, should and must

reading rules, including:

context

golden

literal

mischief

purposive

express mention of one thing to the exclusion of another

words interpreted through their connection with other words

words with the same meaning.

Processes may include:

government agency approval

governor approval

minister approval

parliament.

Source documents may include:

amendment Acts

amendment regulations

government Bills

consolidated or reprinted Acts.

Techniques for tracking amendments may include:

government and industry newsletters and information sessions

use of margin notes and tables of amendments.

Unit sector

Conveyancing

This unit contains employability skills.