You will require this licence if you intend to operate as a conveyancer in Victoria and are not approved as an Australian legal practitioner or incorporated legal practice. 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.
Employees undertaking conveyancing work within a conveyancing business operated by a licensed conveyancer do not require a licence. However, if you are an employee who is disqualified from doing conveyancing work, you cannot commence or continue to undertake conveyancing work unless you or your employer first apply for and obtain, an exemption from the Agency.
Conveyancing work is legal work relating to the following property transactions:
- The sale of freehold interest in land;
- The creation, sale or assignment of a leasehold interest in land; or
- The grant of a mortgage or other charge over land or personal property (possessions).
Legal work includes giving advice, preparing and reviewing relevant documents, and exchanging or registering documents.
If one of the following conditions apply to an applicant for a new or a renewed conveyancer's licence, then they must submit a Conveyancer's Permission Application. The conditions are:
- A company or company director had a claim allowed against the Victorian Property Fund;
- A company or company director has been convicted or found guilty of fraud, dishonesty, drug trafficking or violence punishable by more than 3 months jail; or
- A company that ceases to have a director who is a licensed conveyancer.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
To be eligible for this licence, you must:
- Be at least 18 years old;
- Apply using the approved form;
- Provide all the required documentation to the Authority;
- Have obtained 12 months' work experience and completed the required educational qualifications;
- Not be disqualified from practicing conveyancing;
- Hold the required professional indemnity cover, or be employed by someone who does; and
- Pay any required fees.
Individual licensees must also be able to meet qualifications and experience criteria; or successfully complete the necessary competencies at a registered training organisation; or pass a VETASSESS assessment indicating demonstrated competency in subject matter covered by the national standard.
If you are currently licensed or registered as a conveyancer (or equivalent) elsewhere in Australia or New Zealand you may be eligible to apply for this licence under mutual recognition arrangements.
Please consult the responsible agency for more information regarding eligibility requirements.
As a licensed conveyancer you will be required to comply with the rules of professional conduct and trust accounting procedures and requirements as prescribed in the regulations.
You must notify the Business Licensing Authority of any changes to your personal or business details, including professional indemnity insurance and disqualifying criminal offences.
You must apply to the Authority for permission to hold or continue to hold a conveyancers licence if you, a company or company director has had a claim allowed against the Victorian Property Fund or within the last ten years been convicted or found guilty of a disqualifying offence..
If you intend to conduct conveyancing business from more than one branch office / location, the day-to-day operation of each branch office must be managed by a separate licensed conveyancer unless an exemption is granted by the agency.
Ongoing unless revoked or limited to a provisional licensing period.
Company permission. Fees for 2016-17.
Individual or company application. Fees for 2016-17.
Individual permission. Fees for 2016-17.
Fees for 2016-17.
First annual licence fee. Individual or company. Fees for 2016-17.
Exemption to employ a disqualified person. Fees for 2016-17.
Exemption to appoint a licensed branch office manager. Fees for 2016-17.
Please lodge your application and accompanying documentation directly with the Agency.
4 to 6 weeks.
Business Licensing Authority
Conveyancers Act 2006 (Victoria)
Conveyancers (Qualifications, Experience and Fees) Regulations 2008 (Victoria)
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