A conveyancer is a person or company that specialises in all aspects of property dealings, including legal and statutory processes. In addition to ownership transfers, a professional conveyancer manages the legalities of purchasing or selling a property. They also provide support to arrange necessary inspections such as building and pest inspections, pay any legal fees or stamp duty, liaise with banks and other financiers and adjust rates and taxes to oversee the property’s final settlement.
To become a conveyancer, an individual must complete a recognised law degree or accredited education course and undertake practical experience under the guidance of an approved Australian legal practitioner or a licensed conveyancer. This experience equips the individual with sound knowledge of land and property laws, regulations and administration. A successful conveyancer also requires strong communication and organisational skills, integrity and sound judgement.
Do You Want to Become a Conveyancer?
The Consumer Affairs Victoria website outlines the necessary licensing requirements for individuals who want to become a conveyancer. It clearly indicates:
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- How to apply for a licence
- How to operate a business
- The penalties for misconduct
- The current fees
- The relevant forms
It also outlines valuable information about managing trust accounts, completing electronic settlements, and maintaining a conveyancing licence.
In accordance with the Legal Profession Act 2004, accredited Australian legal practitioners and incorporated legal practices can perform conveyancing services without holding a specific conveyancer’s licence.
To be eligible to apply for a conveyancing licence, Consumer Affairs Victoria states that an individual must:
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- Be covered by a minimum of $2 million professional indemnity insurance by an approved broker; and,
- meet at least one requirement from the qualification and experience sections below.
Experience Needed to Become a Conveyancer in Victoria
If an individual intends to become a conveyancer in Victoria, they must meet one of the following two criteria:
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- Completed the equivalent of 12 months’ full-time conveyancing work experience within the last five years under the supervision and guidance of either:
- An accredited Australian legal practitioner who has a certificate authorising them to supervise legal practice by others; or,
- An individual who is a fully licensed conveyancer in Victoria.
- Hold a recognised law degree with either being:
- Approved practical legal education or corresponding requirements;
- the equivalent of 12 months’ full-time conveyancing experience within the last five years under the supervision of an Australian legal practitioner. The legal practitioner must have a practising certificate that authorises them to supervise legal practice by others or be a fully licensed conveyancer in Victoria; or,
- An authorised conveyancer’s licence held in Victoria in the last five years.
- Completed the equivalent of 12 months’ full-time conveyancing work experience within the last five years under the supervision and guidance of either:
Qualifications Needed to Become a Conveyancer in Victoria
The Conveyancers (Qualifications and Experience) Regulations 2018 outline the qualifications and experience required to become a conveyancing solicitor and be eligible for a conveyancer’s licence under the purposes of the Conveyancers Act 2006.
Eligible applicants for a conveyancer’s licence must have successfully completed one of the following qualifications as listed on the Consumer Affairs Victoria website:
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- The Advanced Diploma of Conveyancing from the Business Services Training Package, comprising of the following 18 units of competence: BSBCNV501, BSBCNV502, BSBCNV503, BSBCNV504, BSBCNV505, BSBCNV506, BSBCNV601, BSBLEG415, FNSINC401, FNSACC403, FNSORG601, FNSPRM601, BSBCOM603, BSBLEG413, BSBLEG512, BSBLEG513, BSBSMB401, BSBWOR501;
- Eight units of competency from the Business Services Training Package, completed before 31 December 2018: BSBCNV501, BSBCNV502, BSBCNV503, BSBCNV504, BSBCNV505, BSBCNV506, BSBCNV601, FNSORG601;
- Six units of competency from the Financial Services Training Package, completed before 31 December 2012: FNSCONV501B, FNSCONV502B, FNSCONV503B, FNSCONV504B, FNSCONV601B, FNSICORG603B;
- A law degree started before 1 July 2008, and one of the prescribed trust account units BSBCNV506, FNSCNV506A or FNSCONV503B;
- A Diploma of Financial Services (Conveyancing) conducted by RMIT University or Victoria University started before 1 July 2008; or,
- An Associate or Advanced Diploma of Business (Legal Practice) started before 1 July 2008, and one of the prescribed trust account units BSBCNV506, FNSCNV506A or FNSCONV503B.
As of 30 September 2021, new educations requirements for prospective conveyancers were published by Consumer Affairs Victoria. The new Advanced Diploma of Conveyancing is the only qualification currently offered by registered training organisations for individuals aiming to become a conveyancer. The older qualifications listed above are still relevant and recognised for licensing purposes.
While a law degree creates a pathway to practising as a conveyancer, a policy change under the Consumer Property Law Review requires individuals who started a law degree on or after 1 July 2008 to complete additional conveyancing competencies related to establishing, managing and administering trust accounts.
Becoming a Conveyancer in Victoria
There are a number of stages to complete in order to become a conveyancer in Victoria. In Victoria, the administering agency for conveyancing licences is the Victorian Business Licensing Authority. To become a licensed conveyancer, eligible individuals will need to provide several documents to the Business Licencing Authority as listed on the Australian Business Licence and Information Service website. The documents include a copy of a professional indemnity insurance certificate, national criminal history record and photographic identity checks. This information is shared with Consumer Affairs Victoria, law enforcement and regulatory bodies and the relevant professional indemnity insurance provider.
As stated by Consumer Affairs Victoria, the application fee to become a conveyancer from 1 July 2021 to 30 June 2022 is $1,173.80. Once an application is submitted, the average processing time is four to six weeks.
If an individual has completed conveyancing work experience with a fully licensed conveyancer or Australian legal practitioner, then they must lodge written evidence from their employer(s) confirming employment. It Should outline the hours spent with a detailed list of the conveyancing duties performed.
Ready to Become a Conveyancer?
To become an accredited conveyancer, individuals must submit an application for a conveyancing licence on the Consumer Affairs Victoria website here. Should all business obligations and requirements as listed by Consumer Affairs Victoria continue to be met, a conveyancer’s licence is held unless it is forfeited, suspended, disqualified or revoked.
Now that you know a little more about becoming a conveyancer in Victoria, you can see how a conveyancer plays an important role in the selling and buying of property. The experienced team at Right Choice Conveyancing have you covered and can provide knowledge and advice to support individuals on their journey. Contact us today.