Disqualification and permission - conveyancers

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Reasons for needing permission

Individuals

You will need to apply for permission to hold a conveyancer’s licence if:

  • within the last 10 years, you have been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for three months or more (whether or not a sentence of imprisonment was imposed)
  • you have been the subject of a claim against the Victorian Property Fund (VPF) or a corresponding fund.

Companies

A company must apply for permission to hold a conveyancer’s licence if:

  • it ceases to have at least one director who is a licensee
  • it or one of its directors has had a claim allowed against the VPF
  • it has been found guilty of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more imprisonment
  • one of its directors has been found guilty of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more imprisonment (whether or not a prison sentence was imposed).

Ineligibility to apply for permission

Individuals and companies cannot seek permission under the following circumstances.

Individuals

You cannot be licensed or continue to be licensed if you are:

  • an insolvent under administration (bankrupt) or a director of a company under external administration
  • a disqualified person under the Legal Profession Act 2004
  • the subject of an order disqualifying you from acting as a conveyancer
  • a represented person under the Guardianship and Administration Act 1986 (where a guardian or administrator has been appointed).

Companies

A company cannot be licensed or continue to be licensed if it is:

  • under external administration
  • the subject of an order disqualifying it from carrying on a conveyancing business.

Apply for permission

To apply for permission to hold a conveyancer's licence, complete and lodge a Conveyancers permission application (Word, 170KB).

Attachments and supporting documents

Lodge these documents with your permission application:

  • Consent to national criminal history and other record checks (Word, 236KB)
  • Certified copies of 100 points of identification
  • For any disqualifying offence, a copy of the Summary of Charges and any other documentation you have regarding the nature of the offence (such as court extracts, charge sheets, transcript of sentence)
  • If you or the company has had a successful claim admitted on the Victorian Property Fund, or corresponding fund, provide evidence that you have refunded all amounts paid out of the fund
  • Any other supporting documentation as specified in the permission application form.

Application fees

The application fees for individuals and companies are set out on our Fees and forms – conveyancers page.

Processing time

The average processing time is eight weeks, but may take longer.

Granting permission

In determining whether or not to grant permission for a licence, the BLA will consider factors such as:

  • the type of offence or claim
  • the events and circumstances that led up to the offence or claim
  • whether the BLA can be satisfied it would not be contrary to the public interest to grant permission.

Exemption - disqualified employees

For a non-licensed disqualified person to be employed to do conveyancing work, the person or their employer must apply to the Business Licensing Authority (BLA) for an exemption.

An employee is disqualified if they:

  • are an insolvent under administration (bankrupt)
  • are a disqualified person under the Legal Profession Act 2004
  • have been found guilty within the last 10 years of an offence involving fraud, dishonesty, drug trafficking or violence, punishable by three months’ or more imprisonment (whether or not imprisonment was imposed)
  • have had a claim allowed against them from the VPF
  • are disqualified from holding a conveyancer’s licence (or equivalent), or the subject of an order disqualifying them from acting as a conveyancer or equivalent
  • are a represented person under the Guardianship and Administration Act 1986 (where a guardian or administrator has been appointed)

To seek exemption, the employer or the disqualified person must complete and lodge a Conveyancers non-licensed employee eligibility/exemption (Word, 167KB) and a Consent to national criminal history and other record checks (Word, 235KB). Lodgement details are on the forms.

Authorised persons

If you have previously been ‘authorised’ to be a conveyancer under the Legal Profession Act 2004 or its predecessor, you may be able to hold a licence even if you would otherwise be disqualified. You should:

  • attach details of the authorisation to your licence application
  • provide details to the BLA Registrar.

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