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).
These Conveyancing Regulations 2025 establish qualifications, insurance and fee requirements, prohibited activities, and a mandatory code of conduct for persons carrying on conveyancing work under the Conveyancing Act 2004 (the Act). The regulations commence on 26 August 2025 (reg 2) and are cited as the Conveyancing Regulations 2025 (reg 1). They define key terms for the regulations (reg 3), nominate specific academic and vocational qualifications and practical experience required to satisfy the Act’s licensing gateway (reg 4), prescribe the application fee (reg 5) and the minimum professional indemnity insurance cover (reg 6), set out the frequency and responsiveness required for producing evidence of insurance (reg 7), and bar conveyancers from operating certain kinds of businesses (reg 8). Compliance with the rules of conduct in Schedule 1 is mandatory (reg 9(1)-(2)), and failure to comply attracts specified fines.
Mechanically, the regulations do four kinds of work.
Eligibility and entry. They list the accepted qualifications that satisfy s 5(1)(a) of the Act (reg 4(1)(a)(i)-(v)), require a Tasmanian-local course as determined by the Director (reg 4(1)(b)), and require two years’ practical conveyancing experience within the three years immediately preceding an application (reg 4(1)(c); reg 4(2)(a)-(b)).
Financial and insurance gatekeeping. They fix the application fee at 189 fee units (reg 5), set minimum professional indemnity insurance at $2,000,000 (reg 6), and require evidence of such insurance at least once every 12 months and on the Director’s request, with a specified penalty for non-compliance (reg 7).
Scope and conduct restrictions. They forbid conveyancers from carrying on or being employed in real estate agencies, mortgage broking, or any business where the conveyancer’s duties include provision of mortgage finance (reg 8). They make the rules of conduct in Schedule 1 mandatory and prescribe a penalty for breach (reg 9).
Current sections
Direct links to the current provisions in Conveyancing Regulations 2025.
rules of conduct means the rules of conduct set out in Schedule 1 .
Part 2
Qualifications and Experience
Part 2 Qualifications and Experience
4
Qualifications and experience
4 Qualifications and experience
(1) For the purposes of section 5(1)(a) of the Act, the qualifications and experience required to hold a licence for conveyancing work are –
(a) any one of the following:
(i) a Bachelor of Laws from an Australian University;
(ii) Conveyancing – Law and Practice Course, Macquarie University;
(iii) Associate Degree in Law (Paralegal Studies), Southern Cross University;
(iv) Bachelor of Business (Property), University of South Australia;
(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 ; and
(b) a course, relating to Tasmanian local requirements for conveyancing work, as the Director may from time to time determine; and
(c) 2 years' full-time practical experience, or periods of part-time practical experience that total 2 years, in conveyancing work gained in –
(a) must be gained within the 3 years immediately preceding the day on which the application for a licence under section 6 of the Act is lodged with the Director; and
(b) may be gained wholly or partly in Tasmania or in any other State or a Territory.
Part 3
Fees and Professional Indemnity Insurance
Part 3 Fees and Professional Indemnity Insurance
5
Fee for application for licence
5 Fee for application for licence
For the purposes of section 6(2)(b) of the Act, the prescribed fee is 189 fee units.
6
Minimum amount of professional indemnity insurance cover
6 Minimum amount of professional indemnity insurance cover
For the purposes of section 13(1) of the Act, the prescribed minimum amount of professional indemnity insurance cover is $2 000 000.
7
Evidence of professional indemnity insurance
7 Evidence of professional indemnity insurance
A conveyancer must provide the Director with evidence that the conveyancer is covered by professional indemnity insurance, as required by section 13(1) of the Act –
(a) at least once in each 12-month period; and
(b) at any other time as required by the Director.
Penalty: Fine not exceeding 10 penalty units.
Part 4
Regulation of Conveyancing
Part 4 Regulation of Conveyancing
8
Prohibited businesses for conveyancers
8 Prohibited businesses for conveyancers
A conveyancer must not carry on, or be employed in –
(a) a real estate agency; or
(b) the business of mortgage broking; or
(c) any business where the conveyancer’s duties include the provision of mortgage finance.
Penalty: Fine not exceeding 100 penalty units.
9
Rules of conduct
9 Rules of conduct
(1) For the purposes of the Act, the rules of conduct are set out in Schedule 1 .
(2) A conveyancer must comply with the rules of conduct.
Penalty: Fine not exceeding 100 penalty units.
SCHEDULE 1 - Rules of Conduct
SCHEDULE 1 - Rules of Conduct
SCHEDULE 1 - Rules of Conduct SCHEDULE 1 - Rules of Conduct
(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.
(2) A conveyancer must discharge the conveyancer’s legal and professional obligations to each of the conveyancer’s clients.
(3) A conveyancer may only undertake work which the conveyancer is competent to perform and able to complete in a timely manner.
(4) A conveyancer must not accept instructions to undertake work for a client if the work is –
(a) beyond the scope of the Act; or
(b) not covered by a current policy of professional indemnity insurance held by the conveyancer; or
(c) illegal.
(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.
2. Costs
(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 –
(a) an estimate of the total cost; and
(b) the method employed when calculating the actual costs of providing each conveyancing service within the work.
(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.
(3) If a relationship between a conveyancer and a client is terminated, the conveyancer –
(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
(b) may make arrangements to assist the client to pay the costs incurred.
3. Confidentiality
A conveyancer must not divulge the identity of a client, or information relating to a client, except in a case where –
(a) the normal conduct of the conveyancer's business necessitates that the identity or information be divulged; or
(b) the conveyancer is instructed by the client to divulge the identity or information; or
(c) the conveyancer is permitted, or required, by law to divulge the identity or information.
4. Acting for more than one party to a matter
(1) If a conveyancer proposes to act for more than one party to a matter, the conveyancer must –
(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
(b) after notifying the parties under paragraph (a) 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
(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.
(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.
5. Conflict of interest
(1) A conveyancer must –
(a) keep the conveyancer’s clients fully informed of any developments relating to their matters; and
(b) avoid any situation where a conflict of interest may arise.
(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 –
(a) the conveyancer must fully disclose to the client that interest; and
(b) unless the client otherwise instructs, the conveyancer must cease to act for the client.
6. Termination
(1) A conveyancer must not terminate, or seek to terminate, a relationship with a client unless –
(a) the conveyancer and the client have agreed to terminate the relationship; or
(b) the conveyancer is discharged by the client; or
(c) the conveyancer gives reasonable notice to the client and terminates the relationship with the client for just cause; or
(d) termination is required under these rules of conduct.
(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 –
(a) promptly transfer to the other conveyancer, or to the legal practitioner, all relevant documents to which the client is entitled; and
(b) provide to the other conveyancer, or to the legal practitioner, any information which is necessary for the proper conduct of the matter.
(3) Despite subclause (2) , if a client instructs another conveyancer or a legal practitioner –
(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
(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.
(4) If a relationship between a conveyancer and a client is terminated, and no matter is ongoing, the conveyancer must –
(a) provide the client, on request, with any document to which the client is entitled; and
(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.
(5) Despite subclause (4) , 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.
7. Dealings with other conveyancers and with legal practitioners
In dealing with another conveyancer, or a legal practitioner, a conveyancer –
(a) must take reasonable care to maintain the integrity and reputation of the conveyancing profession; and
(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
(c) must not disparage another conveyancer or a legal practitioner; and
(d) must cooperate and comply with reasonable requests made by another conveyancer or a legal practitioner, in a timely and competent manner.
8. Duty upon transfer of conveyancing business
A conveyancer who proposes to transfer the conveyancer’s business to another conveyancer, or a legal practitioner, must, in writing –
(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
(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.
9. Duty to act with honesty, fairness, courtesy and professionalism
(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.
(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.
(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.
(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.
10. Duty to maintain professional standards
(1) A conveyancer must conduct the conveyancer’s work in a professional manner in accordance with legal requirements and acceptable professional standards.
(2) In conducting the conveyancer’s work, the conveyancer –
(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
(b) must not contact a person for whom a legal practitioner or another conveyancer is acting unless –
(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
(ii) the conveyancer has the agreement of all parties to do so.
11. Advertising
In advertising a conveyancer’s business, a conveyancer must ensure that the advertisements –
(a) do not contain information that the conveyancer knows to be false; and
(b) are not misleading or deceptive or likely to mislead or deceive; and
(c) do not make or imply a comparison with another conveyancer; and
(d) are not vulgar, sensational or of a nature that is likely to bring the conveyancer or the conveyancing profession into disrepute.
12. Sharing of premises
If a conveyancer –
(a) shares premises with another conveyancer, or another person not otherwise associated with the business of the conveyancer; or
(b) engages in any business other than the business of conveyancing –
the conveyancer must –
(c) maintain all records and accounts relating to the conveyancer’s clients securely, confidentially and separately; and
(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
(e) ensure that the sharing of premises is not likely to lead to a contravention of the Act or these rules of conduct.
13. Attendance at place of business
(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.
(2) If a branch office of a conveyancing business is operated, the conveyancer must –
(a) undertake personally, or supervise adequately, the work done and the services provided within the branch office; and
(b) ensure that all work undertaken and all communications received are given prompt attention; and
(c) ensure that there is displayed in a prominent position in that branch office for inspection by members of the public a notice that –
(i) states the details of another office of the business at which a conveyancer may be contacted; and
(ii) if a conveyancer is not in attendance, states when a conveyancer will next be in attendance.
These regulations are administered in the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Conveyancing Regulations 2025 .
2 Commencement
2 Commencement
These regulations take effect on 26 August 2025.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Conveyancing Act 2004 ;
rules of conduct means the rules of conduct set out in Schedule 1 .
Part 2 Qualifications and Experience
Part 2 Qualifications and Experience
4 Qualifications and experience
4 Qualifications and experience
(1) For the purposes of section 5(1)(a) of the Act, the qualifications and experience required to hold a licence for conveyancing work are –
(a) any one of the following:
(i) a Bachelor of Laws from an Australian University;
(ii) Conveyancing – Law and Practice Course, Macquarie University;
(iii) Associate Degree in Law (Paralegal Studies), Southern Cross University;
(iv) Bachelor of Business (Property), University of South Australia;
(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 ; and
(b) a course, relating to Tasmanian local requirements for conveyancing work, as the Director may from time to time determine; and
Operational standards. Schedule 1 contains detailed operational obligations: competence (cl 1), cost disclosure and accounting (cl 2), confidentiality (cl 3), rules for acting for multiple parties (cl 4), conflict disclosure and cessation (cl 5), termination, file transfer and retention rules (cl 6), duties in inter-professional dealings (cl 7), duties on transfer of business and trust money notice (cl 8), standards of honesty and professionalism (cl 9-10), advertising limits (cl 11), obligations when sharing premises (cl 12), and attendance/supervision rules for business and branch offices (cl 13).
The Director retains implementation discretion: the Director may determine the local course requirement (reg 4(1)(b)) and may require evidence of insurance at any time (reg 7(b)). Administration is assigned to the Department of Justice (Gazette note). The regulations also reference other statutes for context: the Conveyancing Act 2004 (the Act), Legal Profession Act 2007 (for where experience can be gained), and the Training and Workforce Development Act 2013 (for the Australian Qualifications Framework reference in reg 4(1)(a)(v)).
The regulations therefore convert high-level licensing and conduct prerequisites in the Act into specified, enforceable administrative requirements, using fees, insurance minima, prohibited engagement categories and a prescriptive schedule of conduct to regulate entry, ongoing practice and inter-party conduct in Tasmanian conveyancing.
Main concepts
The regulations rest on several organising concepts that convert policy intentions into operational rules. These concepts appear repeatedly in the instrument and define the regulatory logic.
Prescriptive competence gate. The regulations enumerate discrete academic and vocational qualifications (reg 4(1)(a)(i)-(v)) and pair them with a defined period of practical experience (reg 4(1)(c)), which together form the baseline for eligibility under s 5(1)(a) of the Act. Practical experience must total two years and must have been obtained within the three years immediately before the licence application (reg 4(2)(a)-(b)). One concept is thus a time-bounded, certificate-plus-experience entry standard.
Localisation via Director discretion. While qualifications are listed, the Director may require a course addressing Tasmanian local requirements (reg 4(1)(b)). That places a discretionary, locality-specific gate in the pathway to licensure: academic/vocational credentials suffice only if paired with whatever the Director specifies about local practice.
Financial risk control through insurance minima and evidence. The regulations set a minimum professional indemnity insurance limit ($2,000,000) (reg 6) and require periodic evidence production (reg 7). This is a risk-control concept: prospective harm to clients is addressed by mandating insurer-backed financial cover and imposing an evidentiary duty on practitioners to show the cover exists at least annually and upon request (reg 7(a)-(b)).
Scope limitation to avoid product mix and conflicts. The instrument forbids conveyancers from engaging in three categories of business (reg 8(a)-(c)): real estate agencies, mortgage broking, and any business where duties include provision of mortgage finance. This concept separates conveyancing from activities that potentially create conflicts of interest or vertically integrate advice and financial distribution.
Codified behavioural duties. The rules of conduct in Schedule 1 operationalise professional obligations into precise duties and procedures: competence and scope limits (cl 1), written cost estimates and post-matter accounts (cl 2), confidentiality carve-outs (cl 3), strict procedures when acting for multiple parties requiring written consent (cl 4), mandatory disclosure and cessation where conflicts arise (cl 5), termination and file transfer rules and retention periods (cl 6), inter-professional courtesy and non-disparagement (cl 7), and practice-management rules (cl 11-13). The concept is regulatory standardisation of day-to-day behaviour.
Enforcement by financial sanction. The regulations set specific monetary penalties (reg 7: fine not exceeding 10 penalty units; reg 8 and reg 9: fines not exceeding 100 penalty units). Enforcement thus relies on pecuniary deterrence rather than licensing revocation procedures within the text of the regulations.
Administrative alignment with other statutes. The text cross-references existing statutory frameworks: the Act (various sections), the Legal Profession Act 2007 (as a locus for gaining experience, reg 4(1)(c)(ii)), and the Training and Workforce Development Act 2013 (for the Australian Qualifications Framework reference in reg 4(1)(a)(v)). The regulations are therefore designed to sit within an existing legal ecosystem.
Operational transparency: many duties require written documentation and written consent (e.g., cost disclosures cl 2; written consent when acting for multiple parties cl 4). This promotes auditability and evidentiary clarity for both compliance monitoring and dispute resolution.
In sum, the main concepts are a closed list of qualifying credentials plus recent practical experience, Director-determined local training, mandatory minimum insurance with periodic evidence, categorical prohibitions on certain commercial activities, a detailed mandatory code of conduct operationalising professional behaviours, and enforcement through fines. These concepts convert abstract safety and consumer-protection aims into specific entry, ongoing compliance and behavioural obligations for conveyancers in Tasmania.
Who it affects
Primary actors
Licensed and prospective conveyancers. The regulations directly govern persons who hold, or apply for, a licence for conveyancing work under the Act. Qualification criteria (reg 4), insurance minima and evidence obligations (regs 6-7), prohibitions on certain business activities (reg 8), and the mandatory rules of conduct (reg 9 and Schedule 1) apply to them. The requirement to be in charge of, and to spend substantial time at, a place of business (Schedule 1 cl 13(1)) alters operating parameters for practising conveyancers.
Applicants for conveyancing licences. Prospective licensees must hold one of the stated qualifications (reg 4(1)(a)(i)-(v)), complete a Director-determined Tasmanian local course (reg 4(1)(b)), and have two years’ practical experience within the three years before application (reg 4(1)(c); reg 4(2)). They will also need to pay the application fee prescribed at 189 fee units (reg 5) and satisfy PII requirements when licensed (reg 6).
Secondary actors
Clients of conveyancers. The rules of conduct establish rights and expectations for clients (Schedule 1 cl 1-6). Clients are entitled to written cost estimates on engagement and statements of account on completion (cl 2(1)-(2)). They may instruct another conveyancer and thereby trigger transfer obligations (cl 6(2)-(3)). Clients also benefit from confidentiality protections (cl 3) and have an entitlement to documents and potentially to have trust money control not transferred without notice (cl 8).
Insurers and underwriters. Insurers who provide professional indemnity policies to conveyancers must supply evidence of cover when requested and support the conveyancer’s compliance with reg 6 and reg 7. The minimum cover figure ($2,000,000) establishes underwriting exposure standards in this market (reg 6).
The Director. The Director has discretionary roles: determining the local Tasmanian course requirement (reg 4(1)(b)) and requesting evidence of insurance at any time (reg 7(b)). The Director is the administrative touchpoint who receives insurance evidence and processes licence applications in accordance with the Act and these regulations.
Employers and businesses. Entities that employ or plan to engage conveyancers are affected by the prohibition on conveyancers carrying on or being employed in real estate agencies, mortgage broking, or businesses where conveyancers provide mortgage finance (reg 8). Firms sharing premises with conveyancers must ensure records and accounts are kept separate (Schedule 1 cl 12). Branch office operators must comply with supervision and public-notice obligations (cl 13(2)).
Legal practitioners and other professionals. The regulations address interactions with legal practitioners (Schedule 1 cl 1(4)(b), cl 7, cl 10), including constraints on seeking to replace another practitioner (cl 1(5)), obligations to cooperate, not disparage (cl 7(c)), and not to contact persons already represented except in narrow circumstances (cl 10(2)(b)).
Other affected parties and institutions
Registered training organisations and universities. The regulations identify particular courses and qualifications as acceptable (reg 4(1)(a)), and reference delivery and assessment by registered training organisations under the Australian Qualifications Framework (reg 4(1)(a)(v)). Such institutions will be material gatekeepers for prospective conveyancers.
Department of Justice and administrative agencies. The regulations are administered by the Department of Justice (Gazette note). The Department is the locus for policy implementation, record-keeping, and enforcement action under the regulation regime.
Who bears costs and constraints
Individuals seeking licences bear the tuition/training costs of specified qualifications and any Director-determined local course, the opportunity cost of meeting the two-year recent practical experience requirement, and the application fee (reg 5). They also must secure and maintain PII to the $2,000,000 minimum and provide evidence periodically (reg 6-7).
Insurers bear exposure to the regulated market through the fixed minimum cover requirement. Employers and shared-premises partners bear costs of compliance measures to keep records separate and to ensure checks on advertising and conduct.
Clients benefit from procedural protections (cost disclosure, confidentiality, file transfer) but may bear frictional costs if a conveyancer exercises rights to retain documents until costs are paid (Schedule 1 cl 6(3)(a), cl 6(5)).
In short, the regulations primarily affect conveyancers and licence applicants, with secondary effects on clients, insurers, educational institutions, employers, and the Director and Department administering the regime. The instrument prescribes behaviour, operational requirements and commercial restrictions that shape who may practice, how they work, and who incurs compliance costs.
Key duties and rights
The regulations create a network of express duties and limited statutory rights, concentrated in Schedule 1 but also appearing in other provisions. These duties structure professional behaviour, client interactions and practice management.
Duties concerning competence and scope
Competence and scope limitation. Conveyancers must serve clients to the best of their ability and discharge legal and professional obligations (Schedule 1 cl 1(1)-(2)). They may only undertake work which they are competent to perform and able to complete in a timely manner (cl 1(3)). They must not accept work that is beyond the Act’s scope, not covered by their PII, or illegal (cl 1(4)(a)-(c)). They must not seek to replace another conveyancer or legal practitioner engaged on a file (cl 1(5)).
Cost disclosure and billing duties
Written estimate and billing. On acceptance of instructions, a conveyancer must provide full information in writing about expected costs, including an estimate of total cost and the method used to calculate actual costs for each conveyancing service (Schedule 1 cl 2(1)(a)-(b)). On completion, the conveyancer must give a statement of account stating actual costs for each service (cl 2(2)). If the relationship terminates, the conveyancer must provide a statement for the part completed and may make arrangements to assist payment (cl 2(3)).
Confidentiality
Non-disclosure with three exceptions. A conveyancer must not divulge client identity or information except where necessary to conduct the business, where instructed by the client, or where permitted or required by law (Schedule 1 cl 3(a)-(c)).
Multiple-party matters and conflict management
Acting for more than one party. Before acting for more than one party, the conveyancer must advise each party in writing of the consequences and obtain written consent from each (Schedule 1 cl 4(1)(a)-(b)); must not proceed if acting for multiple parties would oblige conduct contrary to any party’s interest (cl 4(1)(c)). If the conveyancer ceases to act for a party, they must notify the other parties in writing (cl 4(2)).
Conflict of interest. Conveyancers must keep clients fully informed and avoid situations where conflicts may arise (cl 5(1)). If a conveyancer has an interest that may reasonably be regarded as conflicting, they must fully disclose that interest and, unless the client otherwise instructs, must cease to act (cl 5(2)(a)-(b)).
Termination, file transfer and retention rights/duties
Termination constraints. Termination by a conveyancer is permissible only by agreement, discharge by the client, reasonable notice for just cause, or when required under the rules (Schedule 1 cl 6(1)(a)-(d)).
File transfer duties. If a client instructs another practitioner, the original conveyancer must promptly transfer relevant documents and provide necessary information (cl 6(2)(a)-(b)). However, the original conveyancer may retain documents until outstanding costs are paid or satisfactorily secured (cl 6(3)(a)), and the incoming practitioner must use best endeavours to secure payment of the original conveyancer’s costs on completion of the matter (cl 6(3)(b)). If no matter is ongoing, clients may request any document to which they are entitled; the conveyancer must comply (cl 6(4)(a)). Conveyancers must retain client documents for six years unless the client instructs otherwise (cl 6(4)(b)). A conveyancer is entitled to retain documents relating to a non-ongoing matter until costs are paid or secured (cl 6(5)).
Inter-professional duties
Dealing with legal practitioners and other conveyancers. Conveyancers must maintain professionalism, facilitate communication to serve clients’ interests, not disparage other conveyancers or legal practitioners, and cooperate with reasonable requests in a timely and competent manner (Schedule 1 cl 7(a)-(d)). They must act honestly in communications and not engage in conduct to mislead, deceive or intimidate (cl 9(3)).
Duties on business transfer and trust money
Duty upon transfer of business. A conveyancer proposing to transfer the business to another conveyancer or legal practitioner must notify each client of the proposed transfer and intention to transfer client documents and advise each client of the balance of trust money held and intention to transfer control of that money unless contrary instructions are received (Schedule 1 cl 8(a)-(b)).
Advertising, premises and practice management
Advertising constraints. Advertisements must not contain known falsehoods, be misleading or deceptive, imply comparisons with other conveyancers, or be vulgar or sensational (cl 11(a)-(d)).
Sharing premises and separation of records. Where premises are shared with another practitioner or a non-associated person, conveyancers must maintain records and accounts securely and separately, keep other businesses separate as far as practicable, and ensure sharing will not lead to contravention of the Act or these rules (cl 12(c)-(e)).
Attendance and branch supervision. Conveyancers must be in charge of their place of business and spend substantial time there during normal business hours (cl 13(1)). Branch offices require personal undertaking or adequate supervision, prompt attention to work and communications, and display of a public notice indicating other offices and conveyancer attendance details (cl 13(2)(a)-(c)(i)-(ii)).
Insurance and administrative duties
Minimum PII and evidence. Conveyancers must hold the prescribed minimum PII cover ($2,000,000, reg 6) and provide evidence to the Director at least once in each 12-month period and whenever the Director requires (reg 7(a)-(b)). Failure to provide evidence attracts a penalty (reg 7).
Statutory rights and entitlements
Retention rights. Conveyancers have an express entitlement to retain documents relating to a non-ongoing matter until outstanding costs are paid or secured (Schedule 1 cl 6(5)).
Client information rights. Clients are entitled to written cost estimates, statements of account, notification on business transfer and access to documents when a matter is not ongoing (Schedule 1 cl 2, cl 6, cl 8).
In sum, the regulations impose a structured set of duties governing competence, disclosure, conflict management, document handling and practice management, while conferring specific limited rights to retain documents and requiring notice and account transparency to clients. These duties are enforceable through the penalties set in regs 7-9 and through Director oversight of insurance evidence (reg 7(b)).
Penalties and enforcement
The regulations rely primarily on pecuniary sanctions and administrative oversight to secure compliance. The text identifies maximum fines in penalty units for specified contraventions and allocates administrative functions to the Director and the Department of Justice.
Monetary penalties specified in the regulations
Failure to provide evidence of professional indemnity insurance (reg 7). If a conveyancer does not provide the Director with evidence of insurance as required (at least once every 12 months and at other times if required by the Director), the contravention attracts a penalty: a fine not exceeding 10 penalty units (reg 7).
Prohibited business activities (reg 8). Carrying on, or being employed in, a real estate agency, the business of mortgage broking, or any business where the conveyancer’s duties include the provision of mortgage finance is an offence subject to a penalty: a fine not exceeding 100 penalty units (reg 8).
Non-compliance with the rules of conduct (reg 9). Conveyancers must comply with Schedule 1 rules of conduct; a contravention attracts a fine not exceeding 100 penalty units (reg 9(2)).
The text does not specify other penalties such as licence suspension, revocation, or criminal sanctions within these regulations. It also does not set out procedural enforcement steps, evidentiary standards, or appeal rights in the regulations themselves; those mechanisms, if any, would be expected to appear in the Act or other administrative instruments referenced by the Act.
Enforcement actors and administrative oversight
The Director. The Director is the recipient of insurance evidence and determines local course requirements (reg 4(1)(b); reg 7(b)). The Director’s power to require evidence of insurance at any time (reg 7(b)) is a practical compliance lever enabling spot checks and periodic audit. The Director’s determinations therefore directly affect entry and ongoing compliance.
Department of Justice. The regulations are administered in the Department of Justice (Gazette note). Administrative enforcement, record-keeping, and any prosecution or disciplinary referrals arising from contraventions will be handled through the Department’s functions and the prosecutorial mechanisms appointed by law, though those mechanisms are not detailed in the regulations.
Scope and limits of enforcement set out in the text
The regulations specify maximum fines but do not stipulate minimum fines, infringement notice procedures, or graduated penalty scales. The maximum fines are expressed in penalty units; the regulations do not convert those units to monetary amounts. The existence of a specified maximum fine for breaches of the rules of conduct and for engaging in prohibited businesses indicates legislative intent to treat those contraventions as relatively serious, compared with the lower maximum fine for failing to provide insurance evidence.
The rules of conduct are enforceable as a whole (reg 9(1)-(2)). There is a single penalty cap (100 penalty units) for any contravention of the rules, rather than distinct penalties for individual rule breaches. That may concentrate prosecutorial discretion: a single contravention mechanism covers an array of duties.
The Director’s ability to require proof of insurance at any time (reg 7(b)) allows real-time compliance checks, while annual evidence requirements (reg 7(a)) create predictable monitoring cycles.
What the regulations do not specify
The regulations do not set out processes for investigations, notice to the conveyancer prior to enforcement action, administrative review, or internal disciplinary hearings. They also do not specify whether breaches of specified duties attract civil consequence (for example, automatic licence suspension) or require referral to another body. They do not instruct on how fines are to be imposed procedurally, which suggests that the Act or general administrative law and prosecutorial instruments supply those processes.
There is no text in the regulations setting out record-keeping requirements beyond the six-year retention period for client documents (Schedule 1 cl 6(4)(b)) and the requirement to maintain separate records when sharing premises (cl 12(c)), nor do the regulations set audit or compliance-reporting obligations beyond the PII evidence duty.
Practical enforcement implications
The two levels of fines (10 penalty units for failure to produce PII evidence; up to 100 penalty units for prohibited business activity or breaches of the code of conduct) create differential deterrence. The Director’s discretionary power to request insurance evidence at any time increases the likelihood of discovery for non-compliance with PII rules.
Because Schedule 1 duties are operational and document-heavy (written cost estimates, consent forms, notice on business transfer, public notices at branch offices), enforcement will likely focus on documentary evidence and records. The regulations therefore implicitly incentivise conveyancers to keep documentary traces of compliance.
In summary, the regulations use fines denominated in penalty units plus administrative oversight via the Director to enforce entry requirements, insurance proof and a comprehensive code of conduct. They do not, within the text provided, create a detailed enforcement architecture beyond these monetary penalties and administrative oversight roles.
How it interacts with other laws
The regulations are framed as subordinate instruments to the Conveyancing Act 2004 and explicitly reference several statutes and statutory concepts. Their interaction with other laws is primarily by cross-reference and by setting operational standards that will be applied under powers granted by the Act.
Primary statutory relationship: the Conveyancing Act 2004
The regulations are enacted for specified purposes in relation to the Act. They are explicit that qualifications and experience are prescribed “for the purposes of section 5(1)(a) of the Act” (reg 4 preamble), that the application fee is prescribed for “the purposes of section 6(2)(b) of the Act” (reg 5), and that the minimum professional indemnity insurance cover is prescribed “for the purposes of section 13(1) of the Act” (reg 6). The rules of conduct are declared to be “for the purposes of the Act” (reg 9(1)). Therefore, the regulations function as the statutory detail implementing the Act’s high-level provisions.
Interaction with legal profession and education statutes
Legal Profession Act 2007. The regulations recognise practical experience can be gained in a “law practice within the meaning of the Legal Profession Act 2007” (reg 4(1)(c)(ii)). That links the conveyancing experience requirement to practice environments regulated under the Legal Profession Act, so assessment of experience may require cross-reference to what constitutes a law practice under that Act.
Training and Workforce Development Act 2013 and the Australian Qualifications Framework. One of the acceptable qualifications references training assessed and issued in accordance with the Australian Qualifications Framework and delivered by persons employed or engaged by a registered training organisation within the meaning of the Training and Workforce Development Act 2013 (reg 4(1)(a)(v)). This anchors vocational qualification recognition in that statutory framework.
Administrative law overlays
Director discretion and procedural fairness. The Director may determine a Tasmanian local course (reg 4(1)(b)) and may request insurance evidence at any time (reg 7(b)). Those powers will be exercised within the constraints of administrative law, including procedural fairness, reasonableness and applicable statutory decision-making rules, though those constraints and remedies are not articulated in the regulations themselves.
Confidentiality and other statutory obligations
Schedule 1 cl 3(c) permits disclosure where “permitted, or required, by law”. That wording accepts that statutory obligations external to the regulations (for example, subpoenas, statutory reporting obligations, anti-money laundering rules, or other mandatory disclosure regimes) may supersede the confidentiality duty in Schedule 1. The regulations therefore operate alongside other legal duties rather than displacing them.
Trust money and financial regulation intersects
The duty to advise each client of the balance of trust money held and the intention to transfer control of that money on business transfer (Schedule 1 cl 8(b)) interacts with any broader statutory regime regulating trust money handling; however, the regulations do not themselves set trust account rules beyond notification on transfer. Where other statutes (or rules under the Act) mandate trust account operation, those provisions will need to be read with the notification duties here.
Licensing, professional indemnity and contract law
The prescribed minimum PII ($2,000,000, reg 6) and the obligation to produce evidence (reg 7) will affect contract risk allocation and insurance markets. The requirement that conveyancers not undertake work not covered by current PII (Schedule 1 cl 1(4)(b)) connects professional scope directly to insurance coverage.
The ability of a conveyancer to retain documents until costs are paid (Schedule 1 cl 6(3)(a); cl 6(5)) intersects with property and contract law principles regarding liens or retention rights and with any specific statutory constraints on retention of client documents in other laws.
Gaps and delegation risks
The regulations leave detailed enforcement mechanisms, licence revocation, appeal routes and procedural steps to the Act or other instruments; those procedural matters therefore require reading the Act together with these regulations to understand the full enforcement and review environment.
Cross-jurisdictional practice. Practical experience may be gained in another State or Territory (reg 4(2)(b)), so the regulations explicitly accept interstate experience and thus interact with other jurisdictions’ qualification and practice rules. The regulations do not otherwise regulate interstate practice rights or recognition,those matters are likely settled under the Act and broader intergovernmental arrangements.
In summary, the regulations operate as implementing detail to the Act, and are designed to be read with the Conveyancing Act 2004, the Legal Profession Act 2007, and the Training and Workforce Development Act 2013. They acknowledge and accommodate external legal obligations (confidentiality carve-out), tie qualification recognition to the Australian Qualifications Framework, and create duties that will intersect with existing statutory regimes governing trust money, professional discipline and administrative procedure.
Amendment history
The text supplied contains the original enactment information and no subsequent amendments. Key publication and commencement facts set out in the instrument are:
Citation. The regulations may be cited as the Conveyancing Regulations 2025 (reg 1).
Gazette and notification. The regulations were notified in the Gazette on 30 July 2025 (Gazette note at the end of the instrument).
Commencement. They take effect on 26 August 2025 (reg 2).
Administration. The regulations are administered in the Department of Justice (Gazette note).
There is no internal history of amendments, no conferral of transitional provisions beyond those entailed in the commencement, and no later revocations or variations shown in the supplied text. The schedule and regulations are presented as the operative instrument at the time of notification.
Where to look for amendment records
Statutory instruments (regulations) normally acquire amendment history through subsequent instruments that expressly amend or repeal them. Since the supplied text includes only the consolidated regulation as enacted in 2025, any later amendments, substitutions or repeal will be recorded in the Tasmanian legislation database and in subsequent Gazette notifications. The provided instrument itself does not include any amending provisions or a schedule of transitional arrangements.
Practical implications of the absence of amendments in the text
Practitioners and compliance officers should treat the document as the original regulatory baseline as at commencement. Because the instrument prescribes precise qualification lists, fee and insurance minima, and a detailed code of conduct, any future amendments altering qualifications, fee units, insurance minima, or behavioural duties would materially affect entry and ongoing compliance. Absent a change in law, the current requirements stand.
The Director’s discretionary power to determine a Tasmanian local course (reg 4(1)(b)) introduces the possibility of change at the administrative level without amendment to the regulations themselves. That is, the Director can vary the local course requirement over time, which is functionally similar to rules-changing even without a formal amendment to the regulations.
Similarly, changes to the underlying Acts cited (for example, the Conveyancing Act 2004, the Legal Profession Act 2007, or the Training and Workforce Development Act 2013) could alter the operational effect of these regulations without amendments to the regulations themselves.
In short, the instrument appears to be the initial 2025 enactment, with Gazette notification on 30 July 2025 and commencement on 26 August 2025. No amendment history is recorded in the text provided. Users needing current law should check the Tasmanian legislation register and subsequent Gazette notices for any later amendments or revocations.
Litigation history
The supplied text contains no litigation history, no references to case law, and no judicial decisions interpreting the regulations or the Schedule 1 rules of conduct. There are no cases named in the instrument and no citations of judicial interpretation.
What this means for practitioners seeking precedent
The regulations are a statutory instrument setting out administrative and professional obligations. As of the instrument supplied, there is no jurisprudence recorded in the text. Practitioners seeking to understand how the duties and rights in Schedule 1 might be interpreted will need to look to subsequent tribunal or court decisions that may arise after the regulations commence, and to related decisions interpreting similar codes in other professional contexts.
Absent litigation history, the text itself and the parent Conveyancing Act 2004 will be primary sources for assessing obligations, while administrative practice (Director’s determinations and Department of Justice guidance) will be important for operational interpretation.
Potential sources of future litigation
Conflicts and multiple-party representation. The requirement to obtain written consent before acting for more than one party (Schedule 1 cl 4) and the duty to cease to act where interests conflict (cl 5(2)(b)) create factual areas likely to generate disputes about sufficiency of disclosure and validity of consent.
Retention of documents and client access. The entitlement to retain documents until payment (cl 6(3)(a), cl 6(5)) may prompt disputes between conveyancers and clients or between conveyancers on successive files about the right to retain documents, security for costs, and the follow-on effects on a client’s ability to complete a transaction.
Advertising and misrepresentation. The advertising constraints (cl 11) may generate litigation or administrative action where advertising is alleged to be misleading or to imply improper comparisons.
Insurance evidence and disciplinary outcomes. Failure to provide evidentiary proof of PII (reg 7) might prompt administrative sanctions that could be contested, particularly where the Director exercises discretion in requiring evidence.
Prohibited businesses. The broad prohibition on employment in or carrying on businesses that include provision of mortgage finance duties (reg 8(c)) could lead to factual disputes about what constitutes “duties include the provision of mortgage finance,” particularly in integrated or hybrid business models.
Because the regulations do not themselves provide enforcement procedures or appellate routes, litigation might also involve challenges based on administrative law principles, for example concerning the Director’s determinations or requests for evidence (reg 4(1)(b); reg 7(b)). Until decisions are published, interpretation will rest on the instrument’s plain wording.
Recommendation for practitioners tracking litigation
Monitor tribunal and court listings after commencement for cases invoking Schedule 1 or compliance with regs 4-9, and track administrative determinations by the Director that may be subject to review. Also monitor Department of Justice guidance and any enforcement actions disclosed in the Gazette or via the Department’s public communications.
In short, no litigation history appears in the supplied text. Practitioners should anticipate that contentious factual areas in the regulations may give rise to litigation once the regulations are in operation.
Gotchas
The instrument contains multiple provisions that create compliance traps or operational constraints. The following are concrete points that commonly cause issues on first implementation, stated precisely and grounded in the text.
Narrow, enumerated acceptance of qualifications
Reg 4(1)(a) lists five specific qualification pathways. Applicants who rely on other law degrees, foreign qualifications, or alternative tertiary credentials that are not explicitly listed risk failing the s 5(1)(a) gateway unless they also meet the other listed criteria or the Director provides an acceptance path. The text does not provide an explicit equivalence or recognition mechanism for other qualifications.
Time-bounded practical experience
The two years’ practical experience must be gained within the three years immediately preceding the licence application (reg 4(1)(c); reg 4(2)(a)). Experience older than three years is outside the statutory window even if it totals more than two years. Practitioners with significant earlier experience but insufficient recent experience will not satisfy the regulation.
Director-determined local course
Even holding one of the listed qualifications, the applicant must complete “a course, relating to Tasmanian local requirements for conveyancing work, as the Director may from time to time determine” (reg 4(1)(b)). The phrasing grants the Director substantial discretion about the content and timing of local requirements; that creates uncertainty until the Director publishes or otherwise provides the required course details.
Insurance evidence frequency and penalty
Conveyancers must provide evidence of PII at least once every 12 months and whenever required by the Director (reg 7). The penalty for failing to provide such evidence is a fine not exceeding 10 penalty units. Conveyancers should not assume a single proof at licensing suffices for ongoing compliance; periodic documentary renewal is mandated.
Prohibition on operating or being employed in certain businesses
Reg 8 prohibits carry-on or employment in a real estate agency, mortgage broking, or any business where the conveyancer’s duties include the provision of mortgage finance. The language “duties include the provision of mortgage finance” is broad and can capture roles in integrated firms, hybrid advisory businesses, or shared-service environments where a conveyancer might have incidental duties touching mortgage finance. The text does not define “provision of mortgage finance” , this creates factual risk when determining permissible employment arrangements.
Right to retain documents until costs are paid
Schedule 1 cl 6(3)(a) and cl 6(5) give conveyancers the right to retain documents until outstanding costs are paid or secured. That right, while protective of practitioner fees, may impede a client’s ability to complete transactions where access to documents is operationally necessary, and can generate disputes between outgoing and incoming practitioners about file access and completion of matters.
Document retention and client instructions
Conveyancers must retain documents for six years unless the client instructs otherwise (cl 6(4)(b)). If clients give conflicting or ambiguous instructions about disposal, or if the conveyancer moves offices or transfers the business, the obligation to retain for six years still applies unless the client explicitly instructs otherwise. This imposes ongoing storage and data management costs.
Branch office supervision and public notices
Branch offices must be personally undertaken or adequately supervised and must display notices in public view that give other office details and attendance times (cl 13(2)(a)-(c)(i)-(ii)). This constrains remote or infrequently staffed branch models and imposes a specific, visible administrative requirement.
Advertising constraints and marketing limitations
Advertising must not imply comparison with other conveyancers (cl 11(c)). Marketing materials that benchmark rates, timeframes, or service levels against named competitors risk contravening this prohibition even where the comparisons are factual.
Sharing premises requires separation of accounts
When sharing premises with other businesses, conveyancers must maintain records and accounts securely and separately and ensure the sharing does not lead to contravention of the Act or rules (cl 12). Shared premises arrangements therefore require strict physical and electronic segregation of client records, and policies to prevent commingling.
Broad duty to avoid conflicts and to cease acting
If a conveyancer has an interest reasonably regarded as conflicting with client interests, they must fully disclose and, unless the client otherwise instructs, cease to act (cl 5(2)(a)-(b)). Conveyancers must therefore maintain robust conflict-checking processes.
Single penalty cap for diverse conduct breaches
The rules of conduct are enforced under a single maximum fine (100 penalty units) (reg 9(2)). That means comparatively minor breaches and serious professional misconduct are potentially subject to the same cap, leaving enforcement outcomes dependent on prosecutorial discretion and the broader enforcement architecture in the Act.
Unspecified administrative processes
The regulations grant the Director powers (e.g., to determine local course requirements and to require insurance evidence) but do not set out the processes, timelines or appeal rights for those decisions. Practitioners face practical uncertainty until administrative protocols are published.
No conversion of fee units in the text
Reg 5 prescribes the application fee as “189 fee units” without converting to an actual dollar amount. Users must consult the relevant fee unit value in other statutory materials to calculate the monetary fee.
In short, the principal practical risks are narrow qualification routes, the recency requirement for experience, Director discretion on local training, uncertainty about what constitutes prohibited employment or mortgage finance duties, the operational consequences of document retention and retention rights, and the burden of regular insurance evidence. Each of these is grounded in explicit wording of the regulations and creates identifiable compliance tasks and decision points for practitioners.
How to comply
Compliance under these regulations requires coordinated actions across education, insurance, practice management, record-keeping, client-facing documentation and business-structure decisions. Below are concrete steps, each tied to the relevant provision.
Confirm and document qualifying credentials (reg 4(1)(a)-(b))
Verify that your qualification is one of the listed types: Bachelor of Laws (Australian University) (reg 4(1)(a)(i)); Macquarie University Conveyancing - Law and Practice Course (reg 4(1)(a)(ii)); Associate Degree in Law (Paralegal Studies), Southern Cross University (reg 4(1)(a)(iii)); Bachelor of Business (Property), University of South Australia (reg 4(1)(a)(iv)); or the specified Advanced Diploma/Diploma conveyancing qualifications delivered and assessed under the AQF by a registered training organisation (reg 4(1)(a)(v)).
If relying on any listed qualification, retain certified copies of transcripts and awards and evidence of delivery/assessment under the Australian Qualifications Framework where applicable (reg 4(1)(a)(v)).
Enrol in and complete any Tasmanian local course as determined by the Director (reg 4(1)(b)). Monitor Director announcements to ensure timely completion.
Meet the practical experience timing and documentation (reg 4(1)(c); reg 4(2))
Ensure you have two years’ full-time equivalent practical conveyancing experience gained in a licensed conveyancer’s office, a law practice as defined in the Legal Profession Act 2007, or a business or government agency regularly undertaking conveyancing (reg 4(1)(c)(i)-(iii)).
Confirm that the experience was gained within the three years immediately before your licence application (reg 4(2)(a)). Maintain employment records, supervisors’ attestations and task logs to substantiate experience periods.
Pay the prescribed application fee (reg 5)
Budget for the application fee set at 189 fee units (reg 5). Check the statutory fee unit value to calculate the exact monetary amount.
Obtain and maintain professional indemnity insurance (regs 6-7)
Obtain PII with at least $2,000,000 minimum cover (reg 6).
Arrange systems to produce evidence of insurance at least once every 12 months and on demand from the Director (reg 7(a)-(b)). Keep a centralised certificate repository, date reminders for annual evidence submission, and procedures to respond to Director requests promptly.
Be aware that failure to provide evidence risks a fine of up to 10 penalty units (reg 7).
Avoid prohibited business activities (reg 8)
Do not carry on or be employed in a real estate agency, mortgage broking, or any business where a conveyancer’s duties include provision of mortgage finance (reg 8(a)-(c)). Review job descriptions and business activities before accepting employment or entering business associations.
Where a business has mixed functions, obtain legal advice about whether specific duties would fall within the prohibition.
Implement written client-facing processes and templates (Schedule 1 cl 2, cl 4, cl 5, cl 6)
Prepare written cost-estimate templates detailing total cost estimates and the method for calculating fees (cl 2(1)(a)-(b)).
Prepare a standard form statement of account to be issued at completion and in the event of termination (cl 2(2)-(3)).
Implement written consent forms and client notification templates for acting for more than one party (cl 4(1)(a)-(b)).
Create conflict-of-interest disclosure forms and a procedure that triggers cessation of representation unless the client instructs otherwise (cl 5(2)(a)-(b)).
Implement file-transfer checklists to promptly transfer documents and necessary information if a client instructs another practitioner (cl 6(2)(a)-(b)), and a process for asserting the right to retain documents when costs are unpaid (cl 6(3)(a), cl 6(5)).
Record-keeping, retention and security (Schedule 1 cl 6(4)(b), cl 12)
Maintain secure client file storage and a retention schedule that preserves documents for six years unless the client instructs otherwise (cl 6(4)(b)).
If sharing premises, ensure physical and electronic separation of client records and accounts and documented policies demonstrating separation (cl 12(c)-(d)).
Ensure backups, encryption and access logs to show secure custody when required by the Director or in enforcement contexts.
Branch office supervision and public notices (Schedule 1 cl 13)
If operating branch offices, ensure the principal or a named conveyancer personally undertakes or adequately supervises work in each branch (cl 13(2)(a)).
Display, in a prominent position in branch offices, notices stating details of another business office and when a conveyancer will next be in attendance (cl 13(2)(c)(i)-(ii)).
Maintain documented supervision arrangements and staff training records.
Advertising compliance (Schedule 1 cl 11)
Vet all advertising materials against the prohibitions: no false information, no misleading or deceptive content, no implied comparison with another conveyancer, and no vulgar or sensational material (cl 11(a)-(d)).
Keep records of advertising versions and sign-off approvals.
Professional behaviour and interaction protocols (Schedule 1 cl 7, cl 9-10)
Train staff in non-disparagement, honesty in communications, and cooperation with other professionals (cl 7, cl 9).
Implement policies preventing contact with persons represented by other practitioners except where necessary to discharge duty or with agreement of all parties (cl 10(2)).
Business transfer and trust money procedures (Schedule 1 cl 8)
Prepare client notification templates for any proposed business transfer, including statements of trust money balance and intentions for control transfer (cl 8(a)-(b)).
Maintain accurate trust account balances and client-level reconciliation to support the required notices.
Internal compliance and audit
Establish an annual compliance calendar aligned to PII evidence submissions and to document retention reviews.
Conduct internal audits of conflicts checks, fee estimate issuance, and advertising compliance to create an audit trail substantiating compliance with Schedule 1 and reg 7.
Keep centralised logs of Director communications and evidence requests and ensure timely responses.
Seek clarification and monitor Director announcements
Because the Director may determine the local course and request insurance evidence at any time (reg 4(1)(b); reg 7(b)), monitor Director guidance, Department of Justice notices, and Gazette publications for operational notifications.
Legal and insurance advice
Consider obtaining legal advice about the scope of prohibited businesses (reg 8(c)) where business models have overlapping or hybrid activities.
Work with insurance brokers to ensure policies explicitly cover the activities you undertake and match the requirement that work accepted is covered by current PII (Schedule 1 cl 1(4)(b)).
Implementing these concrete steps will align practice with the regulations’ entry, insurance, operational and behavioural requirements. Keep documentary proof: completed Tasmanian local course certificates, certified qualification copies, practical experience attestations, PII certificates with dates, written cost estimates and client consents, branch notices, advertising approvals, and records of file transfers and client instructions. These documents will be the primary evidence of compliance if the Director or another enforcing authority questions adherence to the regulations.
(c) 2 years' full-time practical experience, or periods of part-time practical experience that total 2 years, in conveyancing work gained in –
(i) a licensed conveyancer's office; or
(ii) a law practice within the meaning of the Legal Profession Act 2007 ; or
(iii) any business or government department or government agency where conveyancing work is regularly undertaken.
(2) The practical experience specified in subregulation (1)(c) –
(a) must be gained within the 3 years immediately preceding the day on which the application for a licence under section 6 of the Act is lodged with the Director; and
(b) may be gained wholly or partly in Tasmania or in any other State or a Territory.
Part 3 Fees and Professional Indemnity Insurance
Part 3 Fees and Professional Indemnity Insurance
5 Fee for application for licence
5 Fee for application for licence
For the purposes of section 6(2)(b) of the Act, the prescribed fee is 189 fee units.
6 Minimum amount of professional indemnity insurance cover
6 Minimum amount of professional indemnity insurance cover
For the purposes of section 13(1) of the Act, the prescribed minimum amount of professional indemnity insurance cover is $2 000 000.
7 Evidence of professional indemnity insurance
7 Evidence of professional indemnity insurance
A conveyancer must provide the Director with evidence that the conveyancer is covered by professional indemnity insurance, as required by section 13(1) of the Act –
(a) at least once in each 12-month period; and
(b) at any other time as required by the Director.
Penalty: Fine not exceeding 10 penalty units.
Part 4 Regulation of Conveyancing
Part 4 Regulation of Conveyancing
8 Prohibited businesses for conveyancers
8 Prohibited businesses for conveyancers
A conveyancer must not carry on, or be employed in –
(a) a real estate agency; or
(b) the business of mortgage broking; or
(c) any business where the conveyancer’s duties include the provision of mortgage finance.
Penalty: Fine not exceeding 100 penalty units.
9 Rules of conduct
9 Rules of conduct
(1) For the purposes of the Act, the rules of conduct are set out in Schedule 1 .
(2) A conveyancer must comply with the rules of conduct.
Penalty: Fine not exceeding 100 penalty units.
SCHEDULE 1 - Rules of Conduct SCHEDULE 1 - Rules of Conduct
SCHEDULE 1 - Rules of Conduct SCHEDULE 1 - Rules of Conduct
Regulation 9
1. Practice of conveyancing
(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.
(2) A conveyancer must discharge the conveyancer’s legal and professional obligations to each of the conveyancer’s clients.
(3) A conveyancer may only undertake work which the conveyancer is competent to perform and able to complete in a timely manner.
(4) A conveyancer must not accept instructions to undertake work for a client if the work is –
(a) beyond the scope of the Act; or
(b) not covered by a current policy of professional indemnity insurance held by the conveyancer; or
(c) illegal.
(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.
2. Costs
(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 –
(a) an estimate of the total cost; and
(b) the method employed when calculating the actual costs of providing each conveyancing service within the work.
(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.
(3) If a relationship between a conveyancer and a client is terminated, the conveyancer –
(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
(b) may make arrangements to assist the client to pay the costs incurred.
3. Confidentiality
A conveyancer must not divulge the identity of a client, or information relating to a client, except in a case where –
(a) the normal conduct of the conveyancer's business necessitates that the identity or information be divulged; or
(b) the conveyancer is instructed by the client to divulge the identity or information; or
(c) the conveyancer is permitted, or required, by law to divulge the identity or information.
4. Acting for more than one party to a matter
(1) If a conveyancer proposes to act for more than one party to a matter, the conveyancer must –
(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
(b) after notifying the parties under paragraph (a) 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
(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.
(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.
5. Conflict of interest
(1) A conveyancer must –
(a) keep the conveyancer’s clients fully informed of any developments relating to their matters; and
(b) avoid any situation where a conflict of interest may arise.
(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 –
(a) the conveyancer must fully disclose to the client that interest; and
(b) unless the client otherwise instructs, the conveyancer must cease to act for the client.
6. Termination
(1) A conveyancer must not terminate, or seek to terminate, a relationship with a client unless –
(a) the conveyancer and the client have agreed to terminate the relationship; or
(b) the conveyancer is discharged by the client; or
(c) the conveyancer gives reasonable notice to the client and terminates the relationship with the client for just cause; or
(d) termination is required under these rules of conduct.
(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 –
(a) promptly transfer to the other conveyancer, or to the legal practitioner, all relevant documents to which the client is entitled; and
(b) provide to the other conveyancer, or to the legal practitioner, any information which is necessary for the proper conduct of the matter.
(3) Despite subclause (2) , if a client instructs another conveyancer or a legal practitioner –
(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
(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.
(4) If a relationship between a conveyancer and a client is terminated, and no matter is ongoing, the conveyancer must –
(a) provide the client, on request, with any document to which the client is entitled; and
(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.
(5) Despite subclause (4) , 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.
7. Dealings with other conveyancers and with legal practitioners
In dealing with another conveyancer, or a legal practitioner, a conveyancer –
(a) must take reasonable care to maintain the integrity and reputation of the conveyancing profession; and
(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
(c) must not disparage another conveyancer or a legal practitioner; and
(d) must cooperate and comply with reasonable requests made by another conveyancer or a legal practitioner, in a timely and competent manner.
8. Duty upon transfer of conveyancing business
A conveyancer who proposes to transfer the conveyancer’s business to another conveyancer, or a legal practitioner, must, in writing –
(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
(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.
9. Duty to act with honesty, fairness, courtesy and professionalism
(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.
(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.
(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.
(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.
10. Duty to maintain professional standards
(1) A conveyancer must conduct the conveyancer’s work in a professional manner in accordance with legal requirements and acceptable professional standards.
(2) In conducting the conveyancer’s work, the conveyancer –
(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
(b) must not contact a person for whom a legal practitioner or another conveyancer is acting unless –
(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
(ii) the conveyancer has the agreement of all parties to do so.
11. Advertising
In advertising a conveyancer’s business, a conveyancer must ensure that the advertisements –
(a) do not contain information that the conveyancer knows to be false; and
(b) are not misleading or deceptive or likely to mislead or deceive; and
(c) do not make or imply a comparison with another conveyancer; and
(d) are not vulgar, sensational or of a nature that is likely to bring the conveyancer or the conveyancing profession into disrepute.
12. Sharing of premises
If a conveyancer –
(a) shares premises with another conveyancer, or another person not otherwise associated with the business of the conveyancer; or
(b) engages in any business other than the business of conveyancing –
the conveyancer must –
(c) maintain all records and accounts relating to the conveyancer’s clients securely, confidentially and separately; and
(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
(e) ensure that the sharing of premises is not likely to lead to a contravention of the Act or these rules of conduct.
**13. **Attendance
This is an opening excerpt, not the complete document.