The Order defines several key terms that structure the licensing regime. A full licence is a licence that is not a restricted licence. A restricted licence is a licence subject to a condition prohibiting the licensee from carrying out conveyancing work except under the supervision of either a full licensee or an Australian legal practitioner with an unrestricted practising certificate. The restriction is therefore a permanent condition on the licence itself; it does not automatically expire upon gaining experience. The only way to move from a restricted to a full licence is to apply for a new licence with the higher experience requirement.

The term accredited Advanced Diploma of Conveyancing means a diploma accredited by the National VET Regulator (the Commonwealth regulator under the National Vocational Education and Training Regulator Act 2011). This ensures the qualification meets national vocational education standards. The Order also recognises superseded Advanced Diploma of Conveyancing - a diploma that was current when the student started but has since been replaced by an equivalent accredited diploma. This is important for students who began a course that later changed; they can still rely on the old qualification if they complete it within the relevant transition period approved by the National VET Regulator. The transition period is a time limit set nationally; if the student does not finish within that window, the superseded diploma ceases to be an approved qualification.

The required elective units of competency are a list of specific competency units that must be included in the Advanced Diploma for it to qualify. The list includes BSBLEG421 (Apply understanding of the Australian legal system), FNSACC413 (Make decisions in a legal context), BSBLEG523 (Apply legal principles in tort law), BSBLEG528 (Apply legal principles in property law), BSBESB402 (Establish legal and risk management requirements of new business ventures), and FNSORG602 (Develop and manage financial systems). The Order uses the phrase “or elective units of competency that supersede those units”, which allows for curriculum updates without needing to amend the Order each time a competency code changes.

An approved bridging course is limited to three specific courses offered by named institutions: the Conveyancers Licensing Bridging Course at the University of Western Sydney - Centre for Agency Licensing Education; the Conveyancing-Law and Practice Bridging Course at Macquarie University; and the Conveyancing Bridging Course at the Sydney Institute of Technology. This is an exhaustive list; no other bridging course will satisfy the requirement. The restriction to three providers creates a dependency on those institutions and may limit accessibility for applicants in regional areas who cannot travel to Sydney.

A recognised law degree or diploma includes a law degree from any Australian tertiary institution, a law diploma from the Legal Profession Admission Board, or any corresponding academic qualification under the former Legal Profession Act 2004. This is the legal pathway into conveyancing, allowing law graduates to bypass the conveyancing-specific diploma if they have relevant legal practice experience.

The term unrestricted practising certificate is defined by reference to the Legal Profession Act 2004, meaning a practising certificate that authorises the holder to practise as a solicitor without supervision. This ties the conveyancing licensing regime to the legal profession’s own qualification standards.

The primary group affected is individuals seeking to become licensed conveyancers in New South Wales. Any person who wants to carry on a conveyancing business or work as a conveyancer must first obtain a licence under the Act, and to obtain a licence they must hold one of the approved qualifications set out in this Order. This includes new entrants who have never held a licence, as well as individuals who previously held a licence under the now-repealed Conveyancers Licensing Act 1995 or 1992 and who need to meet current requirements. The Order provides transitional pathways for those earlier licensees: a person who held a full licence under the 1995 Act is automatically qualified for a licence under the current Act (clause 4(1)(c)). A person who held a licence under the 1992 Act must complete an approved bridging course (clause 4(1)(d)). This grandfathering reduces the compliance burden for experienced practitioners who were already in the system, but it still imposes a cost on the 1992 cohort to attend a bridging course.

Employers and supervisors are indirectly affected. The Order requires that practical experience for a full licence (at least one year out of two) be obtained under the supervision of a licensee with a full licence or an Australian legal practitioner with an unrestricted practising certificate. This means that existing full licensees become gatekeepers: they must be willing to employ and supervise a trainee, and their own licence status determines whether the trainee’s experience counts. If no supervisor is available - for example in a regional area with few full licensees - the applicant may struggle to meet the experience requirement. The supervision requirement also imposes a regulatory cost on the supervisor, who must ensure the trainee’s work meets professional standards and may face liability for the trainee’s errors.

Educational institutions that offer conveyancing courses are directly affected because the Order specifies which courses are accepted. Only courses listed in Schedule 1 are approved, and new courses must be added by amendment. The current list includes courses from Macquarie University, Southern Cross University, the Sydney Institute of Technology, and national VET qualifications (Advanced Diplomas). Institutions offering the approved bridging courses have a protected market for that service. Conversely, institutions offering non-listed courses cannot attract students seeking a conveyancing licence, which may distort educational competition.

Interstate practitioners are affected by the declaration of corresponding laws in clause 5. A person licensed under the South Australian, Western Australian, or Northern Territory equivalents may have their licence recognised for certain purposes under the NSW Act. This reduces the cost of interstate mobility for those licensees, but it also creates a mismatch: a Western Australian settlement agent might not have the same educational background as a NSW conveyancer, yet the Order treats them as equivalent. The list is narrow - it does not include other states such as Victoria or Queensland - which may mean those practitioners must go through the full NSW qualification process.

The licensing authority (likely NSW Fair Trading, though not named in the Order) must apply the Order when assessing licence applications. The Order constrains the authority’s discretion: it cannot issue a licence to someone who does not meet the specified qualifications, even if that person has equivalent skills from a non-listed course.

The Order itself does not impose ongoing duties on licensees; those are found in the principal Act. The key duty imposed by this Order is on the licensing authority: it must treat the qualifications listed as the only approved qualifications for the purposes of section 9(1) of the Act. This duty is implicit in the Order’s function as a legislative instrument. The authority cannot supplement the list with its own discretion. If a qualification is not in Schedule 1 or covered by clause 4, it cannot be accepted.

A right conferred by the Order is the right of an applicant to have their application assessed against the prescribed criteria. If an applicant holds, for example, an accredited Advanced Diploma of Conveyancing that includes the required elective units, and has two years of relevant experience including one year full-time under supervision, the authority must grant a full licence (assuming other Act requirements are met). The Order gives legal certainty to applicants who meet the bright-line tests.

For restricted licence holders, the Order creates a constraint: they are prohibited from performing conveyancing work outside the supervision of a full licensee or unrestricted legal practitioner. This is a duty imposed by the licence condition, which is defined in clause 3. The condition is part of the Order, not just a discretionary licence condition. A restricted licensee who works without proper supervision would breach their licence condition and potentially face disciplinary action under the Act.

The Order also gives a right to rely on grandfathering provisions. A person who held a full licence under the 1995 Act does not need to complete any new qualification; they are deemed to hold an approved qualification. Similarly, a person who completed a superseded Advanced Diploma within the transition period can rely on that diploma even though the course is no longer current. This protects existing qualifications from being rendered obsolete by curriculum changes.

For holders of licences under the 1992 Act, the Order imposes a duty to complete an approved bridging course before they can be issued a licence under the current Act. This is a time and cost burden, but it is a one-time requirement.

The Order does not create its own penalty provisions. It operates as a set of qualification criteria, and enforcement occurs through the licensing and disciplinary mechanisms of the principal Act. The most relevant enforcement pathway is that a person who practises as a conveyancer without holding a licence commits an offence under section 11 of the Act. The Order determines whether a person holds the necessary qualifications to obtain a licence; a person without approved qualifications cannot lawfully obtain a licence and therefore cannot practise.

If a person obtains a licence by fraudulently claiming to hold an approved qualification (for example, by presenting a forged diploma), they may be prosecuted under general criminal law or under specific provisions in the Act relating to false statements. The Order’s specification of exact course codes and unit lists makes it straightforward for the licensing authority to verify qualifications against the register of the National VET Regulator or the issuing institution.

Disciplinary consequences may arise if a licensee later loses their qualification - for example, if a qualification is retrospectively withdrawn by the issuing body - or if the licensee fails to maintain the supervision condition attached to a restricted licence. The licensing authority may suspend or cancel the licence under section 27 of the Act. Because the Order defines what constitutes a restricted licence and its supervision requirement, it provides the basis for disciplinary action if the condition is breached.

The Order itself is a legislative instrument, and a breach of its terms by a person does not create a direct criminal liability unless the Act or another law attaches a penalty. For example, a restricted licensee who works without supervision is not penalised under this Order but under the Act’s provisions regarding licence conditions. The practical effect, however, is that the Order sets the standard that enforcement actions measure against.

There is no mention of specific penalties in the Order. The enforcement picture is therefore one of indirect coercion: the threat of losing one’s licence or being refused a licence encourages compliance with the qualification and experience requirements.

The Order operates within a legislative hierarchy. It is made under the Conveyancers Licensing Act 2003, and its provisions must be consistent with that Act. Section 9(1) of the Act delegates to the Order the power to define “approved qualifications”. The Order cannot expand or contract the scope of the Act; it can only fill in the detail. For example, if the Act were amended to create a new class of licence, the Order would need to be amended to reflect that.

The Order cross-references the Legal Profession Act 2004 for the definitions of “corresponding academic qualification” and “unrestricted practising certificate”. This ties the conveyancing licensing regime to the legal profession’s qualification system. If the Legal Profession Act is amended or replaced (as it was by the Legal Profession Uniform Law in 2015, but note the Order still references the 2004 Act), the Order’s definitions may become stale. The Order has not been updated to refer to the newer uniform law, which creates a potential interpretation issue. A court might read the reference as a static reference to the 2004 Act, meaning that only practising certificates issued under that Act qualify. This could disadvantage lawyers holding unrestricted certificates under the uniform law.

The Order also relies on the National Vocational Education and Training Regulator Act 2011 (Cth) for the definition of National VET Regulator. This ensures that the Advanced Diplomas listed are nationally accredited. However, it also means that changes to Commonwealth VET regulation could affect the Order without any NSW legislative action. For example, if the Commonwealth regulator ceases to exist or changes its accreditation standards, the phrase “accredited by the National VET Regulator” might need judicial interpretation.

Corresponding laws are declared in clause 5. This interacts with the mutual recognition provisions of the Act. A person licensed under the Conveyancers Act 1994 (SA), the Settlement Agents Act 1981 (WA), or the Agents Licensing Act (NT) is treated as equivalent for the purposes of section 10(4) of the Act. This is a form of interstate licence portability, but it is limited to those three jurisdictions. It does not, for example, recognise licences from Victoria (Estate Agents Act 1980 includes conveyancing) or Queensland (Property Occupations Act 2014). The effect is that conveyancers from those states cannot rely on automatic recognition and must apply under the standard NSW qualification pathway.

The Order preserves the effect of repealed legislation through grandfathering. Clause 4(1)(c) and (d) reference the Conveyancers Licensing Act 1995 and the Conveyancers Licensing Act 1992. Those Acts are no longer in force, but the Order treats licences formerly held under them as sufficient qualification. This avoids requiring experienced practitioners to retrain.

The Order was originally made in 2006 and commenced on 15 December 2006. Since then, it has been amended several times. The note below clause 1 indicates that the name was amended by 2018 No 68, Sch 2.8 [1] and subsequently substituted by 2021 (658), Sch 1[1]. The definition clause (cl 3) was amended by 2021 (658), Sch 1[2] to insert definitions such as “accredited Advanced Diploma of Conveyancing”, “required elective units of competency”, “superseded Advanced Diploma of Conveyancing”, and “transition period”.

Clause 6, which is now repealed, was originally inserted in 2007 and amended annually from 2008 to 2016. It was finally repealed by 2018 No 68, Sch 2.8 [2]. The content of repealed clause 6 is not provided, but the pattern of annual amendments suggests it likely updated a list or a transitional date. The repeal simplifies the Order.

The schedule (Schedule 1) has been amended multiple times: 2010 (652), Sch 1; 2011 (51), Sch 1; 2012 (195), Sch 1; 2015 (696), Sch 1; 2021 (658), Sch 1[3][4]; and 2023 (669), Sch 1[1][2]. These amendments would have added new courses (such as the Advanced Diploma of Conveyancing BSB60220) and updated the list of required elective units to reflect changes in national VET competency standards. The fact that the schedule is amended every few years indicates that the Order is actively maintained to keep pace with educational curriculum changes. However, it also imposes a periodic compliance burden on licensees who may need to check whether their qualification remains current.

The amendment history shows that the Order has been used to adjust the qualification requirements incrementally rather than through wholesale reform. The 2021 amendments appear to have been substantial, introducing new definitions and updating the schedule to reflect newer diploma versions. The 2023 amendment further updated the schedule, likely to add BSB60220 and adjust the units for earlier diplomas.

The source text does not reference any litigation concerning this Order. There are no reported cases mentioned in the Order itself or in the amending instruments. The absence of explicit reference does not guarantee that no proceedings have been brought, but it suggests that the Order’s provisions have not been the subject of appellate court interpretation in a reported decision. Possible reasons include that the Order is relatively straightforward and prescriptive, leaving little room for interpretation disputes; that the licensing authority applies it consistently; or that applicants resolve disputes through internal review rather than litigation.

If litigation were to arise, it would likely involve questions such as whether a particular qualification falls within the definition of “accredited Advanced Diploma of Conveyancing” or whether an applicant’s experience meets the “full-time basis” and “under the supervision” requirements. The term “full-time basis” is not defined in the Order, potentially leading to disputes over what constitutes full-time engagement (e.g., a 4-day week? 35 hours?). Also, the requirement that experience be obtained “while employed or otherwise engaged” leaves room for argument about whether unpaid internships or volunteer arrangements count.

Another potential litigation area is the definition of “superseded Advanced Diploma of Conveyancing” and the transition period. If a student completes a course after the transition period has ended, they may challenge whether the course is still “the current accredited Advanced Diploma” at the time they started, or whether the National VET Regulator’s approval of a transition period is binding on the NSW licensing authority.

Given that the Order is a routine piece of delegated legislation and is carefully worded with specific course codes, it is likely that most disputes are resolved administratively. The Order’s exhaustive nature reduces interpretive ambiguity compared to more open-ended standards.

The following features of the Order could trap an unwary applicant or practitioner.

The transition period for superseded Advanced Diplomas. If you began a course that was later replaced, you must complete it within the transition period approved by the National VET Regulator. If you fail to finish in time, your qualification ceases to be approved under the Order. This is a hard deadline; there is no discretion to extend it. The Order does not state the specific transition periods, so you must consult the Commonwealth regulator. This creates a risk if the regulator changes the period without notice.

The “required elective units” must be included in the diploma. Simply holding an Advanced Diploma of Conveyancing is not enough. The diploma must include all the specific elective units listed in the definition (currently six units). If your course substituted a different elective, or if you were given credit transfer that omitted one of those units, your qualification may not be approved. The Order does not allow for “equivalent” units beyond those that supersede the listed ones. This is a strict requirement.

The approved bridging courses are limited to three providers. If you hold a qualification that requires a bridging course (e.g., a pre-1997 Macquarie University course, or a 1992 Act licence), you must complete one of the three named courses. No other bridging course, even if it covers the same material, will satisfy the requirement. This may be unworkable for applicants who live far from Sydney or cannot attend the specific institutions. Also, the course names are static; if a university changes the name of its bridging course, it may no longer match the Order’s description unless the Order is amended.

The experience requirement for a full licence is two years, with at least one year full-time under supervision. The key nuance is that the supervision must be by a licensee whose licence is not a restricted licence, or by an Australian legal practitioner with an unrestricted practising certificate. If you work under someone who holds only a restricted licence, that experience does not count. Also, the “full-time” requirement is not defined; a part-time worker may not meet it. The one-year full-time under supervision must be part of the two-year total, but the remaining year could be part-time or in a different role, provided it is in conveyancing work.

The “practical experience” for restricted licences is only one year, but it must be full-time under supervision. This makes it harder for part-time employees to qualify, even for a restricted licence. There is no minimum hours per week specified.

**If you hold a law degree, you can qualify via the legal pathway, but you need either (a) practical experience that confers eligibility for an unrestricted practising certificate (i.e., completion of practical legal training and admission), or (b) two years of conveyancing experience. This means a law graduate who has not been admitted and has no conveyancing experience cannot obtain a licence solely with a degree. The Order does not allow a law degree plus coursework; you need actual supervised practice.

Corresponding laws are limited to SA, WA, and NT. If you are licensed in Queensland, Victoria, Tasmania, or the ACT, your licence is not automatically recognised. You must apply under the standard NSW qualification pathway, which may require additional education or experience.

The Order uses static references to repealed legislation. It references the Legal Profession Act 2004, which has been replaced by the Legal Profession Uniform Law (NSW). Technically, “unrestricted practising certificate” under the 2004 Act may no longer be issued. A court would likely read the reference as including the successor regime, but this is not explicit and could cause confusion.

The schedule lists specific course codes and dates. For example, the Advanced Diploma in Conveyancing from Sydney Institute of Technology, Ultimo, completed before 30 June 2015, is listed without any additional qualification. But if you completed that same course after 30 June 2015, it is not listed. The cut-off dates are strict; a late completion would not qualify. Similarly, the “amended course effective from February 1996” for Macquarie University means you must have completed the amended version, not an earlier version.

To obtain a full licence, an applicant must satisfy one of the pathways in clause 4(1).

• Conveyancing pathway: Complete an educational qualification listed in Schedule 1 (for example, an accredited Advanced Diploma of Conveyancing that includes the required elective units, or a superseded diploma completed within its transition period, or one of the older degrees and bridging courses). Additionally, obtain at least two years of practical experience in conveyancing work, with at least one of those years obtained while employed or engaged on a full-time basis under the supervision of a full licensee or an unrestricted legal practitioner. The experience can be concurrent with study, but must be after the qualification is obtained? The Order is silent on timing; it says “the combination” of education and experience, not necessarily in sequence. Practically, most applicants will study first then work. Keep records of employment contracts, supervision logs, and evidence that the supervisor held a full licence at the time.

• Legal pathway: Hold a recognised law degree or diploma (any Australian law degree, Legal Profession Admission Board diploma, or equivalent). Then either (a) have practical experience that qualifies you for an unrestricted practising certificate (i.e., be admitted as a lawyer) or (b) have at least two years of conveyancing experience, with one year full-time under supervision as above. This pathway is less burdensome for law graduates.

• Grandfathering: If you held a full licence under the 1995 Act, you automatically qualify (clause 4(1)(c)). If you held a licence under the 1992 Act, you must complete an approved bridging course from the three listed providers.

To obtain a restricted licence, the education requirement is the same as for a full licence, but the experience requirement is only one year, all of which must be full-time under supervision (clause 4(2)(a)(ii) or (b)(ii)(B)). Once licensed, the restricted licensee must ensure they only perform conveyancing work under the supervision of a full licensee or unrestricted legal practitioner. The supervisor must be identified to the licensing authority, presumably.

Practical steps:

1. Select a qualification from Schedule 1. For a modern pathway, enrol in the Advanced Diploma of Conveyancing BSB60220 (or later equivalent) that includes all required elective units. Confirm with the training provider that the course includes the specific units listed in the definition of “required elective units of competency”.
2. If you completed an older qualification, check whether it requires an approved bridging course. If so, enrol in one of the three named bridging courses.
3. Obtain supervised experience. Find an employer who holds a full licence or is an unrestricted legal practitioner. Ensure the supervision is documented and that the employer can verify the period of engagement was full-time. If you work part-time, you may need a longer period to accumulate equivalent hours; the Order does not define full-time, so it is safer to work at least 35 hours per week.
4. Keep evidence of all qualifications (transcripts, certificates) and experience (pay slips, employment contracts, statutory declarations from supervisors).
5. Apply to the licensing authority (NSW Fair Trading) with the prescribed application form and supporting documents. The authority will verify your qualifications against the list in the Order.

For practitioners licensed under a corresponding law from SA, WA, or NT, you may apply for mutual recognition under section 10 of the Act, but you must still demonstrate that your licence is current and equivalent.

Maintain compliance: If you hold a restricted licence, do not accept work that requires unsupervised practice. If your supervisor changes, notify the authority. If you upgrade to a full licence (by gaining the additional experience), apply for a new licence. Keep your qualification current; if your Advanced Diploma is superseded, you are still qualified if it was completed within the transition period, but if you need to rely on it later (e.g., if you move interstate or re-apply), confirm it remains on the approved list.

The Order does not require continuing professional development, but the Act may. Check the Act for ongoing obligations. The Order is only about initial licensing.