Apply for a conveyancer’s licence - individual

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Before starting your application

Definitions

Conveyancing

The process of transferring the legal title of property or a business from a seller to a buyer is conveyancing. Conveyancing can also include the process of creating other legal interests in land, such as a mortgage, a lease, or an assignment of lease. It also includes legal work connected with the sale or purchase of goodwill and stock-in-trade and the transfer of any relevant business licence or permit.

Conveyancer

A conveyancer is a person or company, other than an Australian legal practitioner, who carries on a conveyancing business for a fee or reward. This applies even if conveyancing is not the main purpose of the business.

Eligibility

Australian Legal Practitioners and incorporated legal practices can conduct conveyancing work in accordance with the Legal Profession Act 2004. They are not required to hold a conveyancer's licence.

To be eligible for a licence you must:

  1. be covered by a minimum of $2 million professional indemnity insurance by the current approved broker. For more information, view our Professional indemnity insurance page.
  2. meet at least one requirement from each of the following experience and qualifications sections below.

Experience

You must meet one of the following criteria:

  • Completed the equivalent of 12 months' full-time experience within the last five years, carrying out conveyancing work under the supervision of either:
    • an Australian legal practitioner who has a practising certificate that authorises them to supervise legal practice by others, or
    • a fully licensed conveyancer in Victoria.
  • Successfully completed a recognised law degree and either:
    • an approved practical legal training or corresponding requirements, or
    • the equivalent of 12 months' full-time experience carrying out conveyancing work under the supervision of an Australian legal practitioner who has a practising certificate that authorises them to supervise legal practice by others.

Qualifications

The Conveyancers (Qualifications and Experience) Regulations 2018, effective from 26 May 2018, prescribe the qualification required to be eligible for a conveyancer’s licence.
To be eligible for a conveyancer’s licence you must have completed one of the following qualifications.

The Advanced Diploma of Conveyancing from the Business Services Training Package comprising the following 18 units of competence:

  • BSBCNV501 Take instructions in relation to a transaction
  • BSBCNV502 Read and interpret a legal document and provide advice
  • BSBCNV503 Analyse and interpret legal requirements for a transaction
  • BSBCNV504 Prepare legal documents
  • BSBCNV505 Finalise the conveyancing transaction
  • BSBCNV506 Establish and manage a trust account
  • BSBCNV601 Identify and conduct searches
  • BSBLEG415 Apply the principles of contract law
  • FNSINC401 Apply principles of professional practice to work in the financial services industry
  • FNSACC403 Make decisions in a legal context
  • FNSORG601 Negotiate to achieve goals and manage disputes
  • FNSPRM601 Establish, supervise and monitor practice systems to conform with legislation and regulations
  • BSBCOM603 Plan and establish compliance management systems
  • BSBLEG413 Identify and apply the legal framework
  • BSBLEG512 Apply legal principles in property law matters
  • BSBLEG513 Apply legal principles in corporation law matters
  • BSBSMB401 Establish legal and risk management requirements of small business
  • BSBWOR501 Manage personal work priorities and professional development

Or

The following eight units of competency from the Business Services Training Package successfully completed before 31 December 2018:

  1. BSBCNV501 Take instructions in relation to a transaction
  2. BSBCNV502 Read and interpret a legal document and provide advice
  3. BSBCNV503 Analyse and interpret legal requirements for a transaction
  4. BSBCNV504 Prepare legal documents
  5. BSBCNV505 Finalise the conveyancing transaction
  6. BSBCNV506 Establish and manage a trust account
  7. BSBCNV601 Identify and conduct searches
  8. FNSORG601 Negotiate to achieve goals and manage disputes.

If you are currently undertaking the eight unit qualification to obtain a licence, you have until 31 December 2018 to complete that qualification. If you have not completed it by then, you will need to transfer into the Advanced Diploma of Conveyancing.

Or

A law degree you started before 1 July 2008, and one of the prescribed trust account units BSBCNV506, FNSCNV506A or FNSCONV503B.

Or

A Diploma of Financial Services (Conveyancing) conducted by RMIT University or Victoria University that you started before 1 July 2008.

Or

An Associate or Advanced Diploma of Business (Legal Practice) that you started before 1 July 2008, and one of the prescribed trust account units BSBCNV506, FNSCNV506A or FNSCONV503B.

Ineligibility

You are automatically ineligible to be licensed if you are:

  • under 18 years of age
  • currently insolvent under administration (bankrupt, debt agreements under Part IX or Part X of the Bankruptcy Act 1966)
  • a disqualified person within the meaning of the Legal Profession Act 2004
  • currently disqualified from holding a conveyancer's licence (or equivalent) anywhere in Australia or elsewhere, or the subject of an order by any regulatory body disqualifying you from acting as a conveyancer or equivalent
  • a represented person under the Guardianship and Administration Act 1986 (and a guardian or administrator has been appointed).

You may also be ineligible if:

  • within the last 10 years, you have been convicted or found guilty (whether or not a conviction was recorded) of a disqualifying offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more in prison (whether or not a prison sentence was imposed)
  • you have ever had a claim admitted against you from the Victorian Property Fund or Estate Agent’s Guarantee Fund.

Permission

For disqualifying criminal offences and claims against the Victorian Property Fund or Estate Agents' Guarantee Fund, you may still be granted a licence if you apply. Based on the result of background checks, you may be asked if you wish to apply for permission to be licensed. If you are able to apply for permission, the Business Licensing Authority (BLA) will write to you. For more information, view our Disqualification and permissions page.

Records checks

The BLA will conduct checks with the Australian Criminal Intelligence Commission (ACIC) and other agencies to verify the information provided in this application form. Visit the ACIC website. Any disputes about the accuracy of the results will be referred to the ACIC.

Fees

The application fee for 1 July 2018 to 30 June 2019 is $1,676.20.

The application fee must be paid at the time of application. The fee is non-refundable.

Providing incorrect information

It is a serious offence to knowingly or recklessly make a false or misleading statement in relation to a licence application. Significant fines apply.

Unlicensed trading

Unlicensed conveyancers are liable for significant fines and/or two years in prison.

If you intend to operate through a company, that company must also be licensed. View our Apply for a conveyancers licence - company page.

How to apply

Complete and lodge the Conveyancers – individual licence application (online).

Additional documents required with the application

  • A copy of your professional indemnity insurance certificate issued by the current approved broker (not required if you will be employed by another Victorian licensed conveyancer).
  • A completed Consent to national criminal history and other record checks (Word, 353KB).
  • Certified copies of the required identification documents, including at least one document containing your certified photograph. Details are on the Consent to national criminal history and other record checks form.

If you have conveyancing work experience with a fully licensed conveyancer or Australia legal practitioner, lodge written evidence from your employer(s) confirming your employment with them (for further details refer to application form).

After you lodge your application

Processing time

To avoid delays, please complete the form correctly and attach all necessary documents. The average processing time last quarter was 24 days.

You must not conduct a conveyancing business unless the BLA grants you a licence.

Additional information

When considering your application, the BLA may require you to provide further information. The BLA may refuse your application if you do not provide this within a reasonable timeframe.

Change of information

If any change occurs in the information you have provided in your licence application, you must notify the BLA in writing within 14 days of becoming aware of the change.

Sharing your information

The BLA gives your information to:

  • Consumer Affairs Victoria
  • other law enforcement and regulatory bodies
  • your professional indemnity insurance provider (if applicable).

These organisations may report any relevant information to the BLA.

For privacy information, view our Information and privacy - Business Licensing Authority page.

Withdrawing your application

You can withdraw your application in writing at any time before it has been determined by the BLA. Please note that the fee is non-refundable.

Unsuccessful application

If your application is not successful, you will be notified in writing. You can appeal the decision by applying to the Victorian Civil and Administrative Tribunal (VCAT) within 28 days of the decision.

Successful application

If your application is successful, you will receive a conveyancer’s licence which is ongoing unless surrendered, suspended, disqualified or cancelled. To familiarise yourself with your ongoing obligations and licensing requirements, view our Running your business section.

Conditions on a licence

The BLA may impose conditions on a licence:

  • which must be complied with before the BLA grants a licence
  • when the BLA grants a licence
  • at any time, at the request of any person, or on the BLA’s own initiative.

The BLA may also vary or revoke any of the conditions or restrictions imposed on a licence.

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