Main menu

An Overview of the Conveyancing Act

The Conveyancing Licensing Act program specifies the requirements needed for conveyancers, professionals who do conveyancing work, including the legal task of document preparation or advice counseling regarding matters of a property, to become certified.

 

The act was created to provide regulation to conveyancers’ licensing. It lays down the obligations of conveyancers and the rules and requirements for getting a license. The department in charge of accrediting conveyancers is the Office of Fair Trading.

 

The applicant should be 18 years old and above and should hold a law degree or have completed a sanctioned course in conveyancing. In addition, the applicant should have practical training equivalent to one year and should have professional indemnity insurance policy coverage. These are just several of the requirements needed to become a licensed conveyancer.

 

Conveyancing Acts in Various States

 

In New South Wales, conveyancers are regulated by the Conveyancers Licensing Regulation 2006 and the Conveyancers Licensing Act 2003. In accordance with the regulation and legislation mentioned above, all conveyors should have a license in order to practice. Licensed conveyancing professionals are in charge of overseeing work being performed.

 

In the Northern Territory, the Agents Licensing Act governs the licensing of conveyancers. The license allows conveyancing professionals to conduct business and carry out such work, but one can make a particular endorsement when applying, so that he can provide other services, like mortgages, leases, sales of businesses, and restrictive covenants and encumbrances.

 

The Conveyancers Act 1994 is the act that governs conveyancing agents in South Australia, and all conveyancers in the state should be registered. The individual should have the required experience and/or qualifications in order to be registered. There are good character and insurance requirements as well.

 

South Australia conveyancers are governed by the Conveyancers Act 1994, and in order to conduct business, a person should be registered. He should possess the required experience and/or qualifications. Moreover, there are good character and insurance requirements.

 

Prior to June 30, 2008, conveyancing agents in Victoria do not need to become licensed in order to perform conveyancing work. Introduced in July 1, 2008, The Conveyancers Act 2006 requires conveyancers to be licensed under the Business Licensing Authority before they can perform conveyancing work, but an incorporated legal practice or Australian legal practitioner is exempted from this act. The applicant should have the appropriate experience and/or educational qualifications and deposit-taking prerequisites in order for a license to be issued.

 

The requirements for licensing in Tasmania under the Coveyancing Act 2004 are vastly similar to that of Victoria’s, but were introduced much earlier. In order to acquire a license, you should have the required experience and/or qualifications or be a certified legal practitioner. Submitting a bankruptcy and criminal record report is also required.

 

Conveyancing work in Western Australia is carried out by settlement agents, the term used in place of conveyancer. Becoming a settlement agent requires a person to acquire a Settlement Agent’s License, which is issued by the Department of Consumer and Employment Affairs, and should have two years of accumulated practical experience in conveyancing and finished an accredited conveyancing program.

 

In Queensland and ACT, they do not presently have any acts that enable conveyancing agents to do business autonomously. All work related to conveyancing is carried out by a conveyancer or a legal practitioner employed in a law office.


Conveyancing Australia is an impartial website providing useful information to Australians considering employing the services of conveyancers. As the purchase or sale of property is a relatively infrequent event there is much confusion over when a conveyancer is needed, why and what benefits we as profession have to offer.
Visit My Google + Profile