Elements and Performance Criteria

RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Sources may be in manual or electronic format and information requirements may include:
insurance
legal, official and professional
licensing
ministerial and other consent procedures
planning
searching, including prescribed requirements
stamping and registration.
Titles may include:
real property
caveats
dealings
exceptions to indefeasibility
indefeasibility of title
possessory title
priorities
register
unregistered interests
limited title
strata schemes
company title
Old System Title or common law
nature - legal and equitable interests
notice - actual, constructive, imputed
priorities
registration of deeds
community title
leasehold title
crown land
rural land
co-ownership
creation of concurrent interests
determination of concurrent interests
joint tenants, tenancy in common
rights of co-owners among themselves.
Transactions may include:
a range of dealings in real estate, business or personal property.
Searches may include:
Real property searches and dealing references
cautions and removals under recognised limits
caveats
unregistered mortgages
family law claims
prior interests
family Provisions Act claims
agreements for lease
covenants
easements, including rights of way
encumbrances and charges
Land Commission recording
mortgages
positive covenants
reservations and conditions
restrictions on transfer or other dealings
restrictions on user
resumptions
writs

Surveys
access
distances from boundaries
easements and restrictions on use
encroachments
party walls
the nature of improvements
title reference

Plans of subdivision
affectations notified by the Survey Certificate, as above
dedications
easements
exclusions
restrictions on access
restrictions on user
right to possession
section 88b instruments

Certificates and enquiries
notification from certificates of currency
notification from the building report
notifications appearing on usual certificates from the relevant authorities
notifications of owners corporation

Strata title plans and community title plans
boundaries
by-laws and schemes
certificate of management
lot included - area dimensions
certificate and notices
stage development notations
unit entitlement

Old system, qualified and limited (common law) title
crown grant
matters affected by good chain of title
matters affected by good root of title
matters affected by perpetuities
metes and bounds description
notification in deposited deeds
operative words
the effect of registration
words of limitation

Conveyances and other deeds and documents of title
Conveyancing Act implications
covenants
operative words
recitals
sufficiency of execution

Crown land and other searches
account search
deeds register notification
Department of Lands notification
native title
rights of resumption
tenure search
Water Access Licence (WAL)

Constitution in respect of company title
amount paid up on shares
ASIC as to the company
date of incorporation
registered office
unsatisfied charges
appointment of receiver
resolution of winding up
ASIC disclosure requirements
compulsory sale of shares of a group who fails to comply with obligations imposed under the articles
defined areas of liability for maintenance of the building as to the company and shareholders
directors' right to decline to register any transfer of shares
directors' determination of total outgoings
division of shares into groups
power to amend regulations governing use of common areas of the building
restriction on the right to transfer share groups
the attachment of each of the respective share groups of the right subject to conditions specified, to exclusive use to a unit, garage or other area of the relevant building and the use of common areas
the election of directors
the payment by group holders of a proportion of outgoings unspecified in specified ratios
the right to let the unit
usual searches as to title of building with issued enquiries, including survey report and building certificates.
constitution and any special resolution amending.
Practice policy and procedures may include:
clerical and administrative procedures
client management practices and principles
disputes and complaints resolution procedures
financial and IT systems
management and supervisory practices
professional codes of practice
professional development requirements.
Relevant or required reports may include:
inspection reports
land/soil contamination reports
reports from third parties or other professionals
structural and building reports.
Third parties may include:
accounting or taxation:
accountants
auditors
liquidators
tax consultants
legal:
attorneys
barristers and solicitors
mediators
staff from legal offices
tribunals
trustees
real estate:
auctioneers
owner's corporation managers
landlords
managing agents or staff
owners corporations
real estate agents or staff
strata and community managers
tenants
valuers
building and construction:
architects
building inspectors
engineers
professional associations
surveyors, quantity surveyors and planning consultants
business or commercial:
company directors and managers
joint venturers
other conveyancers and their staff
financial institutions:
finance brokers and providers
financial advisers and consultants
insurance brokers and providers
loss adjusters and assessors
government departments and agencies:
consumer protection authorities
land titles offices
licensing authorities
municipal offices
rating authorities
town planners
beneficiaries
licensees
mortgagees and encumbrances
nominees
other parties to the transaction
timber pest inspectors.
Risks apply to both the client and conveyancer and may include:
business, professional and personal reputation
financial or economic
legal, regulatory or licensing
personal.
Relevant legislation and regulations may include
Commonwealth
Local government
State
Territory.
Client files may be:
new or existing or files transferred from other practices or organisations.
Documentation may include:
documents dealing with real or personal property
electronic documents or messages
interview records
legal, government, professional and other documents
meeting notes
minutes
official, general and other correspondence
records of telephone conversations
reference to all instructions, evidence or information gathered or considered
reports, correspondence and advice from other professionals or third parties
the basis on which decisions were determined
time sheets.

EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
communicate effectively with a client and third parties to a transaction
accurately request relevant search information from authorities and third parties
apply practice's policy and procedures and relevant legislation to information searches
accurately identify and record search information
assess transaction risk and recommend strategies determined from information
present clear, concise and accurate information in relation to a transaction.

Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a workplace or a closely simulated work environment
access to and use of a range of common office equipment, technology, software and consumables
suitable assessment records showing the conduct of conveyancing search.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity, which combines the elements of competency for the unit, or a cluster of related units of competency
verbal or written questioning on underpinning knowledge and skills which may include formal examinations
setting and reviewing workplace projects and business simulations or scenarios
evaluating samples of work
accessing and validating third party reports.

Guidance information for assessment