{"id":"tas:sr-2025-037","name":"Conveyancing Regulations 2025","slug":"conveyancing-regulations-2025","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"37 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174333,"registerId":"tas-sr-2025-037-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Conveyancing Regulations 2025](/view/html/inforce/2026-04-12/sr-2025-037) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 26 August 2025.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Conveyancing Act 2004](/view/html/inforce/2026-04-12/act-2004-022) ;\n> \n> > ***rules of conduct*** means the rules of conduct set out in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Qualifications and Experience","content":"# Part 2 Qualifications and Experience","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Qualifications and experience","content":"### 4 Qualifications and experience\n\n> > (1)  For the purposes of [section 5(1)(a)](/view/html/inforce/2026-04-12/act-2004-022#GS5@Gs1@Hpa@EN) of the Act, the qualifications and experience required to hold a licence for conveyancing work are –\n> > \n> > > > (a) any one of the following:\n> > > > \n> > > > > > (i) a Bachelor of Laws from an Australian University;\n> > > > > \n> > > > > > (ii) Conveyancing – Law and Practice Course, Macquarie University;\n> > > > > \n> > > > > > (iii) Associate Degree in Law (Paralegal Studies), Southern Cross University;\n> > > > > \n> > > > > > (iv) Bachelor of Business (Property), University of South Australia;\n> > > > > \n> > > > > > (v) Advanced Diploma of Financial Services (Conveyancing), Advanced Diploma of Conveyancing, or Diploma of Conveyancing, delivered and assessed by a person employed, or engaged, by a registered training organisation of a State or Territory to deliver training or conduct assessments and issue qualifications in accordance with the Australian Qualifications Framework, within the meaning of the [Training and Workforce Development Act 2013](/view/html/inforce/2026-04-12/act-2013-009) ; and\n> > > \n> > > > (b) a course, relating to Tasmanian local requirements for conveyancing work, as the Director may from time to time determine; and\n> > > \n> > > > (c) 2 years' full-time practical experience, or periods of part-time practical experience that total 2 years, in conveyancing work gained in –\n> > > > \n> > > > > > (i) a licensed conveyancer's office; or\n> > > > > \n> > > > > > (ii) a law practice within the meaning of the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) ; or\n> > > > > \n> > > > > > (iii) any business or government department or government agency where conveyancing work is regularly undertaken.\n> \n> > (2)  The practical experience specified in [subregulation (1)(c)](#GS4@Gs1@Hpc@EN)  –\n> > \n> > > > (a) must be gained within the 3 years immediately preceding the day on which the application for a licence under [section 6](/view/html/inforce/2026-04-12/act-2004-022#GS6@EN) of the Act is lodged with the Director; and\n> > > \n> > > > (b) may be gained wholly or partly in Tasmania or in any other State or a Territory.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Fees and Professional Indemnity Insurance","content":"# Part 3 Fees and Professional Indemnity Insurance","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Fee for application for licence","content":"### 5 Fee for application for licence\n\n> For the purposes of [section 6(2)(b)](/view/html/inforce/2026-04-12/act-2004-022#GS6@Gs2@Hpb@EN) of the Act, the prescribed fee is 189 fee units.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Minimum amount of professional indemnity insurance cover","content":"### 6 Minimum amount of professional indemnity insurance cover\n\n> For the purposes of [section 13(1)](/view/html/inforce/2026-04-12/act-2004-022#GS13@Gs1@EN) of the Act, the prescribed minimum amount of professional indemnity insurance cover is $2 000 000.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Evidence of professional indemnity insurance","content":"### 7 Evidence of professional indemnity insurance\n\n> A conveyancer must provide the Director with evidence that the conveyancer is covered by professional indemnity insurance, as required by [section 13(1)](/view/html/inforce/2026-04-12/act-2004-022#GS13@Gs1@EN) of the Act –\n> \n> > > (a) at least once in each 12-month period; and\n> > \n> > > (b) at any other time as required by the Director.\n> \n> Penalty:  Fine not exceeding 10 penalty units.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulation of Conveyancing","content":"# Part 4 Regulation of Conveyancing","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Prohibited businesses for conveyancers","content":"### 8 Prohibited businesses for conveyancers\n\n> A conveyancer must not carry on, or be employed in –\n> \n> > > (a) a real estate agency; or\n> > \n> > > (b) the business of mortgage broking; or\n> > \n> > > (c) any business where the conveyancer’s duties include the provision of mortgage finance.\n> \n> Penalty:  Fine not exceeding 100 penalty units.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Rules of conduct","content":"### 9 Rules of conduct\n\n> > (1)  For the purposes of the Act, the rules of conduct are set out in [Schedule 1](#JS1@EN) .\n> \n> > (2)  A conveyancer must comply with the rules of conduct.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.","sortOrder":12},{"sectionNumber":"SCHEDULE 1 - Rules of Conduct","sectionType":"part","heading":"SCHEDULE 1 - Rules of Conduct","content":"# SCHEDULE 1 - Rules of Conduct SCHEDULE 1 - Rules of Conduct\n\n[Regulation 9](#GS9@EN)\n\n> **1.   **Practice of conveyancing****\n> \n> > > (1) In undertaking work as a conveyancer, a conveyancer must at all times serve the conveyancer’s clients to the best of the conveyancer’s ability.\n> > \n> > > (2) A conveyancer must discharge the conveyancer’s legal and professional obligations to each of the conveyancer’s clients.\n> > \n> > > (3) A conveyancer may only undertake work which the conveyancer is competent to perform and able to complete in a timely manner.\n> > \n> > > (4) A conveyancer must not accept instructions to undertake work for a client if the work is –\n> > > \n> > > > > (a) beyond the scope of the Act; or\n> > > > \n> > > > > (b) not covered by a current policy of professional indemnity insurance held by the conveyancer; or\n> > > > \n> > > > > (c) illegal.\n> > \n> > > (5) A conveyancer must not seek to replace another conveyancer or a legal practitioner who has been engaged to act for a client in a particular matter.\n\n> **2.   **Costs****\n> \n> > > (1) A conveyancer must, on accepting instructions to undertake work for a client, provide full information to the client in writing about the expected costs of the work, including –\n> > > \n> > > > > (a) an estimate of the total cost; and\n> > > > \n> > > > > (b) the method employed when calculating the actual costs of providing each conveyancing service within the work.\n> > \n> > > (2) A conveyancer must, as soon as practicable after the completion of a matter, give a statement of account to the client stating the actual costs of providing each conveyancing service within the matter.\n> > \n> > > (3) If a relationship between a conveyancer and a client is terminated, the conveyancer –\n> > > \n> > > > > (a) must give a statement of account to the client stating the actual costs of providing each conveyancing service within the part of the matter that has been completed; and\n> > > > \n> > > > > (b) may make arrangements to assist the client to pay the costs incurred.\n\n> **3.   **Confidentiality****\n> \n> > A conveyancer must not divulge the identity of a client, or information relating to a client, except in a case where –\n> > \n> > > > (a) the normal conduct of the conveyancer's business necessitates that the identity or information be divulged; or\n> > > \n> > > > (b) the conveyancer is instructed by the client to divulge the identity or information; or\n> > > \n> > > > (c) the conveyancer is permitted, or required, by law to divulge the identity or information.\n\n> **4.   **Acting for more than one party to a matter****\n> \n> > > (1) If a conveyancer proposes to act for more than one party to a matter, the conveyancer must –\n> > > \n> > > > > (a) advise each party in writing that, if the party consents to the conveyancer acting for more than one party to the matter, the conveyancer may be prevented from providing to the parties information or advice to which they would otherwise be entitled; and\n> > > > \n> > > > > (b) after notifying the parties under [paragraph (a)](#JS1@GC4@Gc1@Hpa@EN) and before acting for more than one of them, obtain written consent from each party for the conveyancer to act for more than one of them; and\n> > > > \n> > > > > (c) not proceed to act for more than one party, if the conveyancer would, in acting for more than one party, be obliged to act in a manner contrary to the interests of one or more of them.\n> > \n> > > (2) If the conveyancer ceases to act for one of the parties, the conveyancer must give written notice to each other party that he or she has ceased to act.\n\n> **5.   **Conflict of interest****\n> \n> > > (1) A conveyancer must –\n> > > \n> > > > > (a) keep the conveyancer’s clients fully informed of any developments relating to their matters; and\n> > > > \n> > > > > (b) avoid any situation where a conflict of interest may arise.\n> > \n> > > (2) If a conveyancer has an interest in a matter that may reasonably be regarded as conflicting with the interests of the conveyancer’s client –\n> > > \n> > > > > (a) the conveyancer must fully disclose to the client that interest; and\n> > > > \n> > > > > (b) unless the client otherwise instructs, the conveyancer must cease to act for the client.\n\n> **6.   **Termination****\n> \n> > > (1) A conveyancer must not terminate, or seek to terminate, a relationship with a client unless –\n> > > \n> > > > > (a) the conveyancer and the client have agreed to terminate the relationship; or\n> > > > \n> > > > > (b) the conveyancer is discharged by the client; or\n> > > > \n> > > > > (c) the conveyancer gives reasonable notice to the client and terminates the relationship with the client for just cause; or\n> > > > \n> > > > > (d) termination is required under these rules of conduct.\n> > \n> > > (2) If a client instructs another conveyancer, or a legal practitioner, to take over the conduct of a matter from the conveyancer who was originally instructed, the conveyancer originally instructed must –\n> > > \n> > > > > (a) promptly transfer to the other conveyancer, or to the legal practitioner, all relevant documents to which the client is entitled; and\n> > > > \n> > > > > (b) provide to the other conveyancer, or to the legal practitioner, any information which is necessary for the proper conduct of the matter.\n> > \n> > > (3) Despite [subclause (2)](#JS1@GC6@Gc2@EN) , if a client instructs another conveyancer or a legal practitioner –\n> > > \n> > > > > (a) the conveyancer originally instructed may retain possession of the relevant documents until the conveyancer’s outstanding costs in respect of the matter are paid, or their payment is satisfactorily secured; and\n> > > > \n> > > > > (b) the other conveyancer, or the legal practitioner, must use their best endeavours to secure payment of the costs of the conveyancer originally instructed on completion of the relevant matter.\n> > \n> > > (4) If a relationship between a conveyancer and a client is terminated, and no matter is ongoing, the conveyancer must –\n> > > \n> > > > > (a) provide the client, on request, with any document to which the client is entitled; and\n> > > > \n> > > > > (b) retain all documents relating to the client for 6 years, unless the client provides written instructions that the documents are to be dealt with in some other manner.\n> > \n> > > (5) Despite [subclause (4)](#JS1@GC6@Gc4@EN) , a conveyancer is entitled to retain possession of any document relating to a non-ongoing matter until the conveyancer’s outstanding costs in respect of the matter are paid, or their payment is satisfactorily secured.\n\n> **7.   **Dealings with other conveyancers and with legal practitioners****\n> \n> > In dealing with another conveyancer, or a legal practitioner, a conveyancer –\n> > \n> > > > (a) must take reasonable care to maintain the integrity and reputation of the conveyancing profession; and\n> > > \n> > > > (b) must make every effort to open and maintain regular and effective communication in order to provide the highest standard of service for the benefit of the conveyancer’s clients; and\n> > > \n> > > > (c) must not disparage another conveyancer or a legal practitioner; and\n> > > \n> > > > (d) must cooperate and comply with reasonable requests made by another conveyancer or a legal practitioner, in a timely and competent manner.\n\n> **8.   **Duty upon transfer of conveyancing business****\n> \n> > A conveyancer who proposes to transfer the conveyancer’s business to another conveyancer, or a legal practitioner, must, in writing –\n> > \n> > > > (a) notify each client of the proposed transfer of the business and the intention to transfer the client’s documents as part of the business unless contrary instructions are received from the client; and\n> > > \n> > > > (b) advise each client of the balance of trust money held by the conveyancer on the client’s behalf and the intention to transfer control of that money as part of the business unless contrary instructions are received from the client.\n\n> **9.   **Duty to act with honesty, fairness, courtesy and professionalism****\n> \n> > > (1) In dealing with other conveyancers, members of other professions and members of the community, a conveyancer must act with honesty, fairness, courtesy and professionalism.\n> > \n> > > (2) A conveyancer must cooperate with and assist, wherever possible, others involved in the conveyancing process such as legal practitioners, finance providers, State Service officers and State Service employees, real estate agents and members of other professions.\n> > \n> > > (3) A conveyancer, communicating with another person on behalf of a client, must act honestly and not engage in conduct designed to mislead, deceive or intimidate the other person.\n> > \n> > > (4) A conveyancer must not give undertakings to, or enter into agreements with, a third party, if at the time of the undertaking, or agreement, the conveyancer is aware that the conveyancer may be unable to carry out that undertaking or agreement.\n\n> **10.   **Duty to maintain professional standards****\n> \n> > > (1) A conveyancer must conduct the conveyancer’s work in a professional manner in accordance with legal requirements and acceptable professional standards.\n> > \n> > > (2) In conducting the conveyancer’s work, the conveyancer –\n> > > \n> > > > > (a) must take all reasonable steps to protect the integrity of the conveyancing profession and avoid any activity that may bring the conveyancer or the profession into disrepute; and\n> > > > \n> > > > > (b) must not contact a person for whom a legal practitioner or another conveyancer is acting unless –\n> > > > > \n> > > > > > > (i) it is necessary to do so in order to discharge the conveyancer’s duty to a party to the matter in which the conveyancer is acting; or\n> > > > > > \n> > > > > > > (ii) the conveyancer has the agreement of all parties to do so.\n\n> **11.   **Advertising****\n> \n> > In advertising a conveyancer’s business, a conveyancer must ensure that the advertisements –\n> > \n> > > > (a) do not contain information that the conveyancer knows to be false; and\n> > > \n> > > > (b) are not misleading or deceptive or likely to mislead or deceive; and\n> > > \n> > > > (c) do not make or imply a comparison with another conveyancer; and\n> > > \n> > > > (d) are not vulgar, sensational or of a nature that is likely to bring the conveyancer or the conveyancing profession into disrepute.\n\n> **12.   **Sharing of premises****\n> \n> > If a conveyancer –\n> > \n> > > > (a) shares premises with another conveyancer, or another person not otherwise associated with the business of the conveyancer; or\n> > > \n> > > > (b) engages in any business other than the business of conveyancing –\n> > > \n> > > the conveyancer must –\n> > > \n> > > > (c) maintain all records and accounts relating to the conveyancer’s clients securely, confidentially and separately; and\n> > > \n> > > > (d) ensure that the business of the other person or the other business of the conveyancer is kept separate from the conveyancing business as far as is practicable; and\n> > > \n> > > > (e) ensure that the sharing of premises is not likely to lead to a contravention of the Act or these rules of conduct.\n\n> **13.   **Attendance at place of business****\n> \n> > > (1) A conveyancer must be in charge of the conveyancer’s place of business and spend substantial time at that place during its normal business hours.\n> > \n> > > (2) If a branch office of a conveyancing business is operated, the conveyancer must –\n> > > \n> > > > > (a) undertake personally, or supervise adequately, the work done and the services provided within the branch office; and\n> > > > \n> > > > > (b) ensure that all work undertaken and all communications received are given prompt attention; and\n> > > > \n> > > > > (c) ensure that there is displayed in a prominent position in that branch office for inspection by members of the public a notice that –\n> > > > > \n> > > > > > > (i) states the details of another office of the business at which a conveyancer may be contacted; and\n> > > > > > \n> > > > > > > (ii) if a conveyancer is not in attendance, states when a conveyancer will next be in attendance.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 July 2025\n\nThese regulations are administered in the Department of Justice.","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present in the provided text to determine whether the scope of this instrument changed from its original intent. Only publication and status metadata is visible — no operative provisions, explanatory memoranda, or substantive clauses were included."},"complexity_factors":["Only administrative metadata was provided — no substantive regulatory content is visible, making meaningful complexity assessment impossible","Conveyancing regulations typically involve moderate procedural complexity (forms, timeframes, fees, prescribed methods), but none of that content is present here","The existence of amendments suggests some evolving complexity, but the nature of those amendments cannot be assessed","Score reflects the minimal content available, not an assessment of conveyancing law generally"],"plain_english_summary":"This Tasmanian regulation governs conveyancing — the legal process for transferring property — and took effect on 26 August 2025. It applies only in Tasmania and has been amended at least once since commencement.\n\nThe published record includes only administrative metadata, not the regulation’s substantive wording, so specific rules, fees or procedures cannot be assessed here. It likely affects home buyers, sellers and professionals who handle property transfers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No earlier version or statement of original intent was supplied. Based solely on the text provided, the instrument regulates qualifications, fees, insurance and conduct for conveyancers and restricts certain business activities. An assessment of whether the scope has changed from any prior instrument or original intent cannot be made from the supplied material."},"complexity_factors":["Cross-references to the Conveyancing Act 2004 and other Acts (Reg 3) increase legal interdependence.","Multiple alternative qualification pathways with an additional Director-determined local course create conditional eligibility (Reg 4(a)–(b)).","Temporal limitation on experience (must be within 3 years) imposes timing risk for applicants (Reg 4(2)).","Director discretion to require evidence of insurance at any time concentrates administrative decision-making (Reg 7(b)).","Operational prohibitions constrain business models and produce compliance risk and measurable penalties (Reg 8; Sch 1).","Schedule 1 contains many behavioural standards and record/transfer obligations that increase ongoing compliance burden (Sch 1, cll 1–13)."],"plain_english_summary":"These regulations set the practical rules for licensed conveyancers: they prescribe acceptable qualifications and 2 years’ recent practical experience (Reg 4), an application fee of 189 fee units (Reg 5), minimum professional indemnity cover of $2,000,000 and annual evidence requirements (Regs 6–7). They bar conveyancers from operating in real estate or mortgage-broking businesses (Reg 8) and impose detailed conduct obligations in Schedule 1 with fines for breach (Regs 9; Sch 1). Who pays: applicants and licensees. Who decides: the Director has discretion over local-course requirements and evidence requests (Regs 4(b), 7)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating conveyancing practitioners. It covers standard regulatory elements: entry qualifications, fees, insurance, prohibited activities, and professional conduct. No significant scope creep is evident — the rules align with typical occupational licensing frameworks and do not extend into unrelated areas."},"complexity_factors":["Moderate cross-referencing to the parent Conveyancing Act 2004 (sections 5, 6, 13 referenced)","Nested qualification requirements with multiple alternative pathways (5 different educational qualifications in regulation 4(1)(a))","Conditional practical experience requirements with time limits (3-year window) and location flexibility (Tasmania or other States/Territories)","13 separate conduct rules with sub-paragraphs and exceptions (e.g., rule 6 on termination has 5 subclauses with nested exceptions in subclauses 3 and 5)","Use of 'fee units' and 'penalty units' which require external calculation to determine actual dollar amounts","Defined terms limited to 2 items ('Act' and 'rules of conduct'), keeping interpretation section minimal"],"plain_english_summary":"This legislation sets out the rules for who can become a licensed conveyancer in Tasmania and how they must behave once licensed.\n\n**What is a conveyancer?**\nA conveyancer is a professional who handles the legal paperwork when property is bought or sold (called \"conveyancing\"). They prepare documents, check property titles, and manage the transfer of ownership.\n\n**What this legislation does:**\n\n**1. Sets entry requirements** (Part 2)\nTo get a licence, you need:\n- **A recognised qualification** — such as a law degree, specific conveyancing diplomas, or property-related degrees from approved Australian universities\n- **Tasmanian-specific training** — a course on local requirements set by the Director\n- **2 years practical experience** — working in a licensed conveyancer's office, law firm, or government department that does conveyancing work (must be within the 3 years before you apply)\n\n**2. Sets fees and insurance requirements** (Part 3)\n- **Application fee**: 189 fee units (the dollar amount changes yearly based on government fee unit values)\n- **Insurance**: Must have at least **$2 million** in professional indemnity insurance (this covers clients if you make a mistake)\n- **Proof of insurance**: Must show the Director proof once a year, or whenever asked\n\n**3. Bans certain conflicts of interest** (Part 4)\nConveyancers cannot work for:\n- Real estate agencies\n- Mortgage brokers\n- Any business that provides home loans\n\nThis prevents conflicts where a conveyancer might pressure clients to use related services.\n\n**4. Creates professional conduct rules** (Schedule 1)\nThese 13 rules cover:\n- **Client service**: Act competently, only take work you can do, don't poach clients from other conveyancers\n- **Costs**: Give written cost estimates upfront and final bills when work finishes\n- **Confidentiality**: Keep client information secret unless the law requires disclosure or the client agrees\n- **Acting for both parties**: Can only act for buyer and seller if both give written consent after being warned about the risks\n- **Conflicts of interest**: Must tell clients about any personal interest in a matter and stop acting unless the client agrees otherwise\n- **Ending the relationship**: Can only stop acting for good reasons (agreement, client fires you, or \"just cause\" with reasonable notice)\n- **Handing over files**: Must transfer documents to a client's new lawyer, though you can hold them until unpaid bills are secured\n- **Professional behaviour**: Be honest, fair, and courteous; don't mislead anyone; cooperate with other lawyers and conveyancers\n- **Advertising**: No false, misleading, or vulgar ads; don't compare yourself to competitors\n- **Office standards**: Must spend substantial time at your office; if you have branch offices, they must be properly supervised with public notices about when a conveyancer is available\n\n**Why it matters:**\nBuying property is usually the biggest financial decision people make. These rules ensure conveyancers are properly qualified, insured against mistakes, and can't exploit their position through conflicts of interest. The conduct rules protect consumers from shoddy service, hidden costs, and conflicts of interest."}},"importantCases":[],"_links":{"self":"/api/acts/conveyancing-regulations-2025","history":"/api/acts/conveyancing-regulations-2025/history","analysis":"/api/acts/conveyancing-regulations-2025/analysis","conflicts":"/api/acts/conveyancing-regulations-2025/conflicts","importantCases":"/api/acts/conveyancing-regulations-2025/important-cases","documents":"/api/acts/conveyancing-regulations-2025/documents"}}