Conveyancers (Qualifications and Experience) Regulations 2018

Mechanically, the Conveyancers (Qualifications and Experience) Regulations 2018 (the Regulations) set the competence and experience prerequisites an applicant must meet for a conveyancer’s licence under the Conveyancers Act 2006. The Regulations do four principal operational things:

• Prescribe the acceptable competency qualifications for licence applicants (Regulation 6). The Regulations list discrete pathways: specific nationally endorsed vocational qualifications and units from the Commonwealth training.gov.au packages, older Financial Services package units preserved with completion deadlines, and specified higher education qualifications (recognised law degrees and certain diplomas) together with an additional specified competency in trust accounting (see Reg 6(aa), (a)-(g)).
• Prescribe the work experience required for applicants (Regulation 7). That includes at least 12 months of supervised conveyancing experience, an alternative pathway via the specified academic and practical legal training prerequisites from the Legal Profession Uniform Law (Victoria), or having been a licensee under the Act within the five years prior to application (Reg 7(1)(a)-(c)).
• Revokes and replaces earlier subordinate rules (Regulation 3), consolidating prior 2008, 2012 and 2016 instruments into this instrument which commenced on 26 May 2018 (Reg 3; Reg 4).
• Incorporates by reference, and updates over time, nominated Commonwealth training packages and individual competency units through links to training.gov.au and by listing specific unit codes and, for some pathways, completion cut‑off dates (Reg 6 and the explanatory tables in the endnotes).

The Regulations state their objective explicitly: to prescribe the qualifications and experience for licensing conveyancers for the purposes of the Conveyancers Act 2006 (Regulation 1). They are made under s 188 of the Conveyancers Act 2006 (Regulation 2). The instrument also contains a note that licensing conditions may be imposed under s 23 of the Act, including conditions reflecting a licensee’s competence and experience (Reg 6 note).

In addition to substantive content, the endnotes record that AR 60/2018 was made 22 May 2018 and commenced 26 May 2018 (Endnotes 1), and that the Regulations will sunset 10 years after making (22 May 2028) under the Subordinate Legislation Act 1994 (Endnotes 1). The 2021 amendment (S.R. No. 118/2021) inserted and amended several provisions, including a new Advanced Diploma pathway (Reg 6(aa)) and updated unit lists and package versions; the amendment commenced 30 September 2021 (Endnotes, Table of Amendments).

In short, the Regulations operationalise the statutory gateway to a conveyancer’s licence by naming specific vocational units, diplomas and experience tests, and by fixing temporal transition rules for older units and qualifications.

The Regulations organise eligibility around two gatekeeping concepts: prescribed competency qualifications (Regulation 6) and prescribed work experience (Regulation 7). Both are defined by reference to external, nationally endorsed training packages and to concepts from the Legal Profession Uniform Law (Victoria).

Prescribed competency qualifications (Reg 6)

• The Regulations list mutually alternative qualification paths. The most recent primary pathway is successful completion of the BSB60220 Advanced Diploma of Conveyancing and a defined list of competency units (Reg 6(aa)). That pathway, inserted by S.R. No. 118/2021, identifies specific unit codes (for example, BSBCNV511 Take instructions in relation to a conveyancing transaction; BSBCNV614 Apply principles of trust accounting) and relies on the BSB Business Services Training Package as published on training.gov.au and maintained by the Commonwealth (Reg 6(aa) preamble).
• A transitional pathway is the BSB61115 Advanced Diploma of Conveyancing and its enumerated units, available for applicants who completed that qualification by 19 April 2022 (Reg 6(a)).
• The Regulations preserve earlier Financial Services package units (FNS10 and FNS04 packages) for persons who completed those sets by defined historical cut‑offs (20 July 2016 and 31 December 2012 respectively) (Reg 6(c)-(d)).
• Academic routes are recognised: a recognised law degree (with commencement before 1 July 2008 and approval for admission to practice at the date of completion) or specified diplomas (RMIT or Victoria University) or associate/advanced diplomas in legal practice, but only together with demonstrated competency in the trust accounting unit identified in the applicable vocational list (Reg 6(e)-(g)).

Prescribed work experience (Reg 7)

• The default route is at least 12 months of supervised conveyancing experience obtained in the five years prior to application (Reg 7(1)(a); Reg 7(2) definition of supervised conveyancing experience).
• Alternative routes are attainment of the specified academic and practical legal training prerequisites under the Legal Profession Uniform Law (Victoria) (Reg 7(1)(b)(i)-(ii)), or prior licensure within the five years preceding application (Reg 7(1)(c)).
• The Regulations define a provisional licensee and exclude supervision by provisional licensees from counting as the supervising employer (Reg 7(2)). Supervision must be with a licensee other than a provisional licensee, or an Australian legal practitioner holding an Australian practising certificate authorising supervision of legal practice by others (Reg 7(2)(a)-(b)). The experience must be full‑time or equivalent part‑time within the five‑year window (Reg 7(2)).

The Regulations directly affect three classes of actors: licence applicants for conveyancing, employers and supervising practitioners, and registered education and training organisations that offer the prescribed units or qualifications.

Licence applicants

• Any person seeking a conveyancer’s licence under the Conveyancers Act 2006 must demonstrate the prescribed competency qualifications or the prescribed work experience, as set out in Reg 6 and Reg 7. The practical effect is that applicants must either hold one of the specified vocational awards or units (for example BSB60220 Advanced Diploma of Conveyancing with units listed at Reg 6(aa)), an older preserved pathway completed by the stated cut‑off dates, or an approved recognised law degree/diploma with the additional trust accounting competency (Reg 6).
• Applicants who are relying on work experience must show at least 12 months supervised conveyancing experience obtained within the five years prior to lodging the application, unless they instead qualify under the Legal Profession Uniform Law prerequisites or were a licensee within the 5 years (Reg 7(1)).

Employers and supervising practitioners

• Employers who provide supervised conveyancing experience will determine whether the experience they provide meets the definition of supervised conveyancing experience in Reg 7(2). The Regulations require supervision to be by a licensee other than a provisional licensee, or by an Australian legal practitioner with an Australian practising certificate that authorises supervision of others (Reg 7(2)(a)-(b)). That places a compliance burden on supervisors to ensure their status permits supervision that counts for licence applicants.
• Firms that recruit conveyancers must adjust hiring and internal supervision arrangements to ensure that time spent under supervision qualifies (full‑time or equivalent part‑time, within five years prior to application). Employers may need to document supervision, hours and duties to support future licence applications.

Registered education and training organisations

• The Regulations reference nationally endorsed units and recognised diplomas as maintained on training.gov.au. Organisations that provide these units or the BSB60220 and BSB61115 awards are affected because their delivery determines whether graduates can meet Reg 6. Providers must maintain records that demonstrate a student’s completion of the listed unit codes.
• The Regulations name specific older provider‑delivered diplomas (RMIT and Victoria University) for historic diplomas; only persons who commenced those diplomas before 1 July 2008 and completed them satisfy Reg 6(f) conditions.

The Regulations primarily set out duties in the sense of requirements an applicant must meet to be eligible for a conveyancer’s licence. They do not assign broad procedural duties to the regulator in text, but they do create discrete verification obligations and rights that flow to applicants.

Duties of licence applicants

• Provide evidence of a prescribed competency qualification. An applicant must show successful completion of one of the listed qualifications or unit sets in Reg 6. That duty is concrete: identify the pathway relied on (for example, BSB60220 Advanced Diploma of Conveyancing and the specified units at Reg 6(aa)) and provide proof of completion on training.gov.au or by the registered education provider (Reg 6).
• Provide evidence of prescribed work experience. If relying on experience, the applicant must show they have undertaken at least 12 months of supervised conveyancing experience obtained within the five years preceding the lodging of the application (Reg 7(1)(a); Reg 7(2)). Supervision must be by an eligible supervisor (a licensee other than a provisional licensee, or an Australian legal practitioner with the requisite practising certificate) (Reg 7(2)(a)-(b)). Experience can be full‑time or equivalent part‑time.
• Where relying on academic/practical legal training prerequisites, applicants must demonstrate the academic prerequisite and satisfactory completion of the specified practical legal training prerequisite as defined in the Legal Profession Uniform Law (Victoria) s 17(1) (Reg 7(1)(b)).

Duties of supervisors and employers (practical implication)

• Employers and supervising practitioners have the practical duty to ensure the supervision provided qualifies under Reg 7(2). That is, supervision provided by a provisional licensee will not count. Employers must be able to confirm the supervisor’s licensing or practising certificate status and maintain records of the supervised period and duties performed. This is an implied compliance duty for employers who wish their employees to qualify for a licence.

Rights of applicants

• Applicants retain the right to rely on a number of alternative pathways. The Regulations do not require a single route; they allow vocational awards (current BSB60220 and prior BSB61115), preserved older FNS units completed by cut‑off dates, or certain academic qualifications combined with a specified competency in trust accounting (Reg 6(e)-(g)). This plurality of paths is a right to alternative compliance.

The text of the Regulations itself does not create specific criminal or civil penalties within its provisions; rather, it prescribes qualifying criteria that the licensing authority will apply under the Conveyancers Act 2006. Enforcement and penalties, where applicable, will therefore operate under the parent Act and any associated disciplinary or administrative frameworks referenced there. The Regulations do, however, shape enforcement mechanics by defining the objective criteria the regulator uses to approve or condition licences.

Regulatory enforcement mechanism (implied)

• The Regulations are made under s 188 of the Conveyancers Act 2006 (Regulation 2) and are intended to prescribe the qualifications and experience for licensing under the Act (Regulation 1). The Act contains licensing, disciplinary and penalty provisions (the Regulations reference s 12 for licensing and s 23 for imposition of conditions), so enforcement action for unlicensed practice, false claims about qualifications, or breaches of licence conditions would follow the Act’s mechanisms. The Regulations thereby feed into the Act’s enforcement machinery by defining what satisfies s 12.

Evidence standard and documentary verification

• Because the Regulations rely on completion of specified units and courses as recorded on or linked to training.gov.au and on specified time frames, an enforcement or compliance decision will likely be documentary: verifying a candidate’s transcript, completion dates, and the supervisor’s practising certificate status. Reg 6 explicitly references completion as recorded on training.gov.au (Reg 6 preamble for each vocational pathway) and the endnotes list applied documents and endorsements (Explanatory details and Table of Applied Matter). That anchors enforcement to documentary proof.

Consequences of non‑compliance (by reference to the Act)

• The Regulations do not themselves list penalties, but they make eligibility for a licence conditional on meeting the prescribed qualifications and experience. The main practical enforcement consequence of failing to meet those prerequisites is refusal of a licence application or imposition of conditions under s 23 of the Act (Reg 6 note). Additionally, the Conveyancers Act 2006 will contain specific offences and disciplinary provisions against unlicensed practice or misrepresentation; those are the likely enforcement vehicles for serious contraventions.

Administrative discretion and potential enforcement ambiguity

The Regulations are explicitly derivative in several respects and import concepts, definitions and external documents from other statutory instruments. Their legal effect must therefore be read in conjunction with the Conveyancers Act 2006, the Legal Profession Uniform Law (Victoria), the Education and Training Reform Act 2006, training.gov.au material, and broader administrative law principles.

Primary statutory parent: Conveyancers Act 2006

• The Regulations are made under s 188 of the Conveyancers Act 2006 (Regulation 2) and operate for the purposes of s 12 of that Act (Reg 6 heading). They function as subordinate legislation that specifies the particulars (qualifications and experience) the Act leaves to regulation. The note in Reg 6 also references s 23 of the Act as the power enabling conditions to be imposed on licences based on competency qualifications and experience (Reg 6 note). Therefore, licence issuance, conditions and disciplinary measures will be governed by the Act, with the Regulations providing the technical eligibility framework.

Relationship with the Legal Profession Uniform Law (Victoria)

• Regulation 5 imports defined terms from the Legal Profession Uniform Law (Victoria): specified academic qualifications prerequisite and specified practical legal training prerequisite have the same meaning as in s 17(1)(a) and (b) of that Uniform Law (Reg 5). Regulation 7 provides an alternative work experience pathway where the applicant has attained the specified academic qualifications prerequisite and satisfactorily completed the specified practical legal training prerequisite (Reg 7(1)(b)). This creates a cross‑regulatory pathway for law graduates who have met the Uniform Law’s admission prerequisites to seek a conveyancer licence without undertaking 12 months of supervised conveyancing experience. Practically, applicants using this route must satisfy both the Conveyancers Regulations and the Uniform Law’s standards.

Education and training law

• Regulation 5 also imports the definition of registered education and training organisation from the Education and Training Reform Act 2006. The Regulations refer to nationally endorsed training packages and their unit codes as published on training.gov.au and maintained by the Commonwealth (Reg 6 preambles). This cross‑reference means the content and status of vocational units, as defined under Commonwealth vocational education law and administered via training.gov.au, determine part of the eligibility criteria for a state‑licensed conveyancer. Changes at the Commonwealth VET (vocational education and training) level can therefore affect state licensing criteria unless regulations are further amended.

The Regulations were made on 22 May 2018 and commenced on 26 May 2018 (Reg 4; Endnotes 1). They revoke earlier subordinate rules that governed qualifications and experience (Conveyancers (Qualifications, Experience and Fees) Regulations 2008 and its 2012 and 2016 amendment instruments) (Reg 3). The published version incorporates a subsequent amendment instrument: Conveyancers (Qualifications and Experience) Amendment Regulations 2021, S.R. No. 118/2021.

Key amendment events and content

• 2018: Consolidation and replacement. The Conveyancers (Qualifications and Experience) Regulations 2018 (S.R. No. 60/2018) replaced the 2008 principal regulations and their 2012 and 2016 amendments (Reg 3), standardising eligibility criteria and formally incorporating applied matter tables for training package units.
• 2021 amendment (S.R. No. 118/2021): This amendment, made 21 September 2021 and commencing 30 September 2021 (Endnotes, Table of Amendments), inserted Reg 6(aa) and amended several earlier paragraphs in Reg 6 and Reg 7. Specific textual changes recorded within the Regulations include:
  • Insertion of Reg 6(aa): successful completion of the BSB60220 Advanced Diploma of Conveyancing and a detailed list of units (Reg 6(aa)). The explanatory material records that this draws on BSB Version 7.0-7.1 endorsed on 12 August 2020 and published 19 October 2020 (Endnotes, Table of Applied Matter).
  • Amendments to Reg 6(a) and Reg 6(e)-(g) to align references and transitional clauses with the new package insertions (Reg 6 notes indicating amendments by S.R. No. 118/2021 reg. 5).
  • Substitution of Reg 7(1) by S.R. No. 118/2021 reg. 6 to clarify the work experience pathways and definitions (Reg 7(1) substituted).
• Version incorporation: The published version we are working from is Version No. 002 and incorporates amendments to 30 September 2021 (title block).

Transitional provisions and cut‑offs

• The Regulations maintain specific temporal cut‑offs for eligibility under older packages to preserve the status of those who completed historic units: e.g., successful completion of the BSB61115 Advanced Diploma by 19 April 2022 (Reg 6(a) amended); completion of certain units by 31 December 2018 (Reg 6(b)); completion of FNS10 package units by 20 July 2016 (Reg 6(c)); completion of FNS04 package units by 31 December 2012 (Reg 6(d)). These dates are embedded in the substantive text and reflect phased replacement of competency frameworks as VET packages evolve.

The Regulations’ text and endnotes do not report any litigation or judicial decisions interpreting these Regulations. The document lists statutory and explanatory details, amendment tables and incorporated matter, but it contains no case citations, no reported judicial challenges to the Regulations, and no administrative review outcomes. Therefore, there is no litigation history recorded in the instrument itself.

Implications of absence of recorded litigation

• Where subordinate legislation does not show any recorded litigation, practical consequences follow: administrative interpretation by the licensing authority, rather than settled case law, will govern day‑to‑day application of the Regulations. Absent judicial precedent, parties seeking to challenge a licensing decision based on these Regulations would likely proceed by internal review procedures under the Conveyancers Act 2006, merits review (if available), or judicial review on public law grounds; however, such pathways and outcomes are not referenced in the Regulations.
• The absence of litigation reported in the instrument does not preclude later judicial review or administrative appeals; it simply means that, as of the version incorporating amendments to 30 September 2021, no cases are cited within the Regulations’ endnotes or text.

What to watch for in future disputes (procedural points)

• Disputes are likely to arise over interpretative points that the Regulations leave susceptible to differing administrative readings. Examples include:
  • The sufficiency of evidence to prove completion of a particular unit code, particularly where packages have been re‑coded or restructured at the Commonwealth level.
  • Whether a period of work supervised by an individual qualifies as “supervised conveyancing experience” where the supervisor’s status (licensee vs provisional licensee vs authorised Australian legal practitioner) is borderline.
  • The appropriate application of transitional cut‑off dates (for example, whether a course commenced before a date but completed after it falls within or outside a given cohort).
• Administrative decisions on these matters may be subject to merits review or judicial review under the administrative law framework, but the Regulations do not themselves provide a litigation map.

Because the Regulations do not contain reported litigation, practitioners should anticipate that interpretative authority will initially rest with the licensing regulator and that cases testing contentious points may establish precedent in the future. Until such cases appear, careful documentary compliance and proactive liaison with the regulator will be the main risk mitigation measures.

The Regulations appear straightforward, but several practical and legal pitfalls can produce compliance failure or unintended consequences. These “gotchas” are structural features in the text or its dependencies that demand attention.

1. Reliance on external, evolving VET package codes

• The Regulations incorporate unit codes and qualifications as published on training.gov.au and specify package versions and endorsement dates in the endnotes (Reg 6 preambles; Explanatory Tables). Training packages are updated periodically and units re‑coded or restructured. Applicants and regulators must be able to map older unit codes to current ones. Failing to confirm whether a unit completion under an older code is equivalent to the listed code risks rejection of an application.

2. Temporal cut‑offs and cohort splits

• Several pathways are only available if completed by specified dates (for example, Reg 6(a) BSB61115 completion by 19 April 2022; Reg 6(b) units must be completed by 31 December 2018; Reg 6(c) FNS10 units by 20 July 2016; Reg 6(d) FNS04 by 31 December 2012). Applicants who narrowly missed those dates must meet newer unit sets, potentially requiring additional study. Employers may find that long‑tenured staff who trained under older packages are ineligible unless they have undertaken the specific unit retained (e.g. trust accounting).

3. Trust accounting competency gating academic pathways

• Recognised law degrees and certain diplomas are accepted only together with the demonstrated competency referred to in paragraphs noting the trust accounting unit (Reg 6(e)-(g) referencing aa(vi), a(vi), b(vi), c(vi) or d(iii)). That means a law graduate who otherwise meets the academic admission criteria could still be ineligible unless they can demonstrate competence in the specified trust accounting unit. This is a non‑obvious additional requirement and a likely source of refusals.

4. Supervision exclusions and provisional licensees

• Supervised conveyancing experience does not count if the supervision was provided by a provisional licensee (Reg 7(2) definition and the separate definition of provisional licensee). Employers and applicants must check supervisory status at time of supervision. Work performed under a supervisor who is incorrectly believed to be an authorised supervisor will not meet the 12‑month requirement.

Compliance with the Regulations is documentary, temporal and supervisory. The following checklist and practical steps, grounded in the Regulations, will help applicants and employers reduce the risk of rejection or later enforcement action.

1. Select and verify the correct pathway (Reg 6; Reg 7)

• Decide whether you will rely on a prescribed competency qualification (Reg 6) or on the work experience pathway (Reg 7(1)(a)), or on the alternative academic/practical legal training pathway under the Legal Profession Uniform Law (Reg 7(1)(b)).
• If relying on a vocational award, identify the precise qualification and unit codes in Reg 6(aa), (a)-(d), and confirm whether your course completion date meets any cut‑off specified (for example, BSB61115 completion by 19 April 2022, FNS10 completion by 20 July 2016) (Reg 6).

2. Obtain primary evidence of unit and qualification completion

• Secure certificates of attainment, statements of results, and award certificates from the registered education and training organisation that issued the qualification. Because the Regulations reference training.gov.au, include the unit codes and show they correspond to the units listed in Reg 6.
• For older units that have been re‑coded, obtain official mapping from the training provider or the relevant training authority confirming equivalence to the unit code named in the Regulations.

3. Demonstrate trust accounting competency if required

• If relying on an academic or historical diploma route (Reg 6(e)-(g)), ensure you have evidence of demonstrated competency referred to in the trust accounting unit (for example BSBCNV614 or earlier equivalent BSBCNV506/FNSCNV506A/FNSCONV503B as referenced in Reg 6). Provide statements of attainment or assessment records for that specific unit.

4. Document supervised conveyancing experience rigorously (Reg 7(2))

• If relying on the 12‑month supervised experience route, obtain detailed employer letters or statutory declarations that state:
  • the period of employment (dates and full‑time or part‑time equivalent),
  • a description of duties demonstrating conveyancing work,
  • the name and licence/practising certificate details of the supervisor, and
  • confirmation that the supervisor was not a provisional licensee at the time (because supervision by provisional licensees does not qualify) (Reg 7(2)).