A Rewarding Career
Conveyancers enjoy a stimulating and rewarding career. The profession is ideally suited to those with an eye for detail and an interest in the law and helping people.
Conveyancers are qualified professionals that specialise in all aspects of property dealings. The role of a Conveyancer is to assist consumers to smoothly and successfully complete the sale and purchase of real estate and any other property transactions that create, vary, transfer or extinguish property title. Suitably qualified, Licensed Conveyancers may also deal with the sale and purchase of businesses.
Due to the legal knowledge, skills and expertise required to conduct conveyancing transactions, a number of key requirements must be met before you can practise as a Conveyancer.
To become a Licensed Conveyancer, you must meet requirements for both experience and qualifications. These requirements are on the Consumer Affairs Victoria (CAV) website and can be found here.
Individual licences and company licences are issued by the Business Licensing Authority (BLA) and they can be contacted on 1300 135 452 or here.
Regulation of Conveyancers is by CAV. If you have a complaint against a Conveyancer, you can find a complaint form here or ring 1300 55 81 81.
The Public Register of Conveyancers can be found here.
To qualify as a Licensed Conveyancer, you will need to successfully complete a course in property law and conveyancing practice with a Registered Training Authority (RTO) and complete conveyancing work experience. Courses that incorporate small business topics would be beneficial should you ultimately wish to set up your own conveyancing firm.
On 26th May 2018, Consumer Affairs Victoria introduced 4 new Regulations under the Conveyancers Act 2006, one of which was Conveyancers (Qualifications and Experience) Regulations 2018. The new Qualification is the Advanced Diploma of Conveyancing drawn from the national Business Services Training Package. The Advanced Diploma of Conveyancing comprises 18 units of competency and replaces the previous qualification of 8 units.
The experience component for a licence, at this stage, is still 12 months full time or equivalent part time supervised conveyancing experience obtained over the last 5 years.
The RTOs recommended are :
RMIT University – School of Vocational Business Education – Advanced Diploma of Conveyancing.
The Malka Group – TMG College Australia – Advanced Diploma of Conveyancing, Diploma of Conveyancing
Melbourne Polytechnic – Advanced Diploma of Conveyancing
Conveyancers wishing to undertake the sale and purchase of businesses, must first:
- qualify in property conveyancing
- obtain their licence
- successfully complete a relevant bridging course recognised by the Business Licensing Authority (BLA).
AIC Vic has run a BLA approved bridging course in business conveyancing in the past but has no plans to run a further course at this stage.
Once you become a Licensed Conveyancer, it is your responsibility to understand your legal obligations under the Conveyancers Act 2006 and its Regulations.
Compliance with the Act is regulated by Consumer Affairs Victoria (CAV) within the Department of Justice and penalties apply to breaches. CAV is responsible for policy, compliance and enforcement of the conveyancing legislation, including compliance with the Rules of Professional Conduct and trust account obligations.
You must also understand your responsibilities under other laws that set rules for your business – for example, the Australian Consumer Law and Fair Trading Act 2012, which applies to all Victorian businesses.
In Victoria, employees undertaking conveyancing work within a business operated by a licensed conveyancer or a legal practitioner do not require a licence.
However, to run a conveyancing business you must obtain a licence.
State legislation requires all Victorian conveyancers to be licensed by the Business Licensing Authority (BLA), an independent body within the Department of Justice. Both companies and individuals carrying on a conveyancing business must be licensed. In addition, companies must have at least one director who is a licensed conveyancer.
To be eligible for a licence, you must possess:
- the relevant educational qualifications
- a minimum of one year’s experience in the field of conveyancing
- a Professional Indemnity Insurance policy with a minimum coverage of $2 million.
For those seeking a licence for the purpose of establishing and conducting their own conveyancing business, AIC Vic strongly recommends a minimum of two years’ experience in the field of conveyancing.
The field of conveyancing offers a number of exciting career paths.
Most commonly, recently qualified conveyancers find employment with a Licensed Conveyancer, legal firm or legal department within a bank or government institution.
This option provides an excellent starting point for those wishing to gain work experience and build their conveyancing knowledge and skills, in preparation for obtaining a conveyancing licence.
Licensed Conveyancers can also find employment within a conveyancing business, bank or government institution. This path can offer exciting career opportunities for those seeking to progress within an organisation, without the added responsibilities of running their own business.
Once suitably qualified and experienced, a Licensed Conveyancer may decide to set up their own conveyancing business.
This option not only requires a high level of competency as a conveyancer, but also a thorough understanding of the legal responsibilities associated with operating a small business. For information on how to run a small business visit Business Victoria at https://www.business.vic.gov.au/.
AIC Vic recommends that prior to establishing a conveyancing business you:
- have a minimum of two years’ experience in the field of conveyancing
- seek advice from your accountant and legal adviser.