AUSTRALIAN INSTITUTE OF CONVEYANCERS (VIC DIVISION)

CERTIFIED PRACTISING

CONVEYANCER

Qualified,Experienced, Professional

The Program for the Professional Qualification of Certified Practising Conveyancer (CPC)

1. BACKGROUND

1.1 This program has been developed by the Australian Institute of Conveyancers (Vic Div) (AICVIC) to establish the Professional Qualification of Certified Practising Conveyancer (CPC) for its Members.

1.1.1 The CPC Program was developed to reflect the needs of the Conveyancing Profession, and Members of the AICVIC.

1.1.2 The CPC Program is not a Membership Category. It does not supersede or have higher status than any Membership category. It is a certification program designed to certify that an individual is a practising Conveyancer with an enhanced skill level and is committed to maintaining a high standard of knowledge and service to their clients.

1.1.3 CPC status is awarded to an individual Practitioner and confirmed annually. A Company or Business may not apply for CPC status.

1.1.4 CPC applicants will be assessed against criteria comprising both Quantitative and Qualitative appraisals. Applicants who meet the criteria and satisfy the “practising” requirements will be certified.

1.1.5 An integral part of the CPC Program is ongoing continuing education as determined by AICVIC from time to time, completion of which ensures that CPC holders maintain their CPC status each year..

1.1.6 CPC aspirants who wish to attain the CPC status must comply with the standards of education and qualifications determined by the CPC Panel.

1.1.7 The CPC Program is comprehensive, fair and demands high entry requirements, but is not an “elitist” program. A combination of theoretical qualifications, extensive experience and career achievement are the most important factors.

1.2 The CPC Program and its grading criteria is the product of extensive consultation with a broad range of industry experts including :

Senior AICVIC Members

National Council Members of the Australian Institute of Conveyancers (AIC)

Academics from RMIT University, Faculty of Business

Other Industry and Regulatory Experts

2. INTRODUCTION

2.1 There are compelling reasons why the AICVIC needs a CPC program: 2.1.1 The Licensing system which was introduced into Victoria in 2008

for Conveyancing practitioners has set a very low standard in terms of education and experience.

2.1.2. There is increasing pressure on the Conveyancing Profession to provide recognisable Competency Standards for Practitioners and to set quality control standards for practice to benefit the public. 2.1.3 Many AICVIC Members have expressed the desire for professional

recognition through a Program which identifies genuinely qualified and experienced practitioners as opposed to minimally qualified and inexperienced operators.

2.1.4 To continue its work to ensure a viable and relevant future for its Members, the AICVIC must provide leadership and deliver clear, tangible benefits to Members at the highest professional level. 2.1.5. To serve the interests of Members, the AICVIC must enhance and

protect the professional status of the Conveyancing Industry and its practitioners.

3. BROAD OBJECTIVES 3.1 To create a credible Certification Program for practising

Conveyancers which will provide for : 3.1.1 Individual Members who are CPC Certified: Industry wide recognition of a professional level of conveyancing practice based on personal qualifications, achievement and experience and ongoing continuing education to maintain this standard and to continue self improvement. 3.1.2 CPC Aspirants: Establish an industry standard to serve as a worthwhile personal and professional career goal, and assist in bridging the gap between academic capacity and practising proficiency of tertiary conveyancing graduates.

3.1.3 A recognisable and credible benchmark of an attained level of conveyancing practice which gives the public an assurance that a CPC certified conveyancer is a professional conveyancer, who is qualified, experienced and up to date with the latest developments in conveyancing and associated disciplines. 3.1.4 Certified practitioners will maintain and enhance their skill base and commit themselves to Continuing Professional Development (CPD) . 3.1.5 The CPC program provides a benchmark for outside interest groups to judge the professional standing of individual CPCs and the Business organisations with which they work. CPCs should be seen as persons of integrity who can be trusted as professionals, and through this, enhance the overall perception of the Conveyancing Industry.

4. POSITIONING STATEMENT

4.1 The Positioning Statement reflects the desired image and perception of CPCs:

4.1.1 Certified Practising Conveyancer

Qualified, Experienced, Professional

4.2 The choice of words in the Positioning Statement is based on the following : 4.2.1 Qualified: Clearly indicates the presence of and requirement for relevant formal education. 4.2.2 Experienced: Testifies to acquired skills and wisdom from “hands on” training. It also speaks of seniority, not someone fresh from college. 4.2.3 Professional: Can be taken as either an adjective or a noun. In either case, it is essential to position the Conveyancing Discipline and it’s Practitioners.

5. CPC PROGRAM

5.1 At the heart of the CPC Program is the “AICVIC Certification Criteria”.

5.2 The Certification Criteria consider six key factors associated with the Applicant: 5.2.1 A. Educational Qualifications 5.2.2 B. Current Job Function 5.2.3 C. Current Level of Seniority 5.2.4 D. Practical Experience 5.2.5 E. Membership of AICVIC 5.2.6 F. Other Considerations

5.3 The combination of these Criteria ensures that due consideration is given not only to theoretical qualifications, but in particular, to the all important combination of such qualifications with achievement and practical experience.

5.4. For B, C and D, the Applicant’s future career path is considered. This means the Application is not based entirely on the Applicant’s present circumstances and allows for a high degree of qualitative evaluation.

6. CPC CERTIFICATION CRITERIA 6.1 The key factors which form the basis for evaluating CPC Applications

cover a wide range of criteria:

6.1.1 A. Educational Qualifications The aim is to establish the extent to which the Applicant has been exposed to, required to think about, demonstrate knowledge in, and apply Conveyancing skills and principles in the context of formalised, recognised, accredited Education Programs. (The Applicant must list all tertiary Educational Qualifications).

6.1.2 B. Current Job Function The aim is to establish to what extent the Applicant has been responsible/accountable for the Conveyancing decisions of the organisation with which she/he has worked. It takes into

account the degree of complexity, level of knowledge and skills required, the potential impact of the Applicant’s role and the size of the organisation. (The management skills acquired by the Applicant must be stated on the Application Form.)

6.1.3 C. Current Level of Seniority

The aim is to establish the seniority level of the Applicant recognising the potential career path and the fact that the current level of seniority is a reflection of past achievements and/or personal enterprise. (The Applicant is assessed according to her/his career achievements in terms of the position(s) she/he currently holds and has held in the past. The size of the organisation(s) is taken into account also.)

6.1.4 D. Practical Experience

The aim is to establish the number of years of service the Applicant has had in recognised conveyancing positions. This recognises the importance of that practical experience in the careers of some Applicants.

6.1.5 E. Membership of AICVIC The CPC status is a status bestowed by the AICVIC. A person seeking to obtain this status must have been a member of AICVIC for a minimum of 6 months probationary period.

If the person ceases to be a member of AICVIC, their CPC status also ceases and the person is required to delete all references to CPC status on their business material, emails, website and office or other material.

6.1.5 F. Other Considerations

For B, C and D above, the Applicant’s career path is considered. Participating in any CPD program recognised by AICVIC enhances the CPC Applicant’s eligibility. To maintain CPC status, Applicants must participate in ongoing continuing education each year.

In addition to the Eligibility Criteria required for certification, the Applicant must currently work in and/or in the past have worked for several years in a recognised Conveyancing position. All CPCs must adopt and adhere to the AICVIC Code of Conduct – go to www.aicvic.com.au/publications.

7. REQUIRED ENTRY CRITERIA

7.1 Completion of a recognised Tertiary course, such as :

Associate Diploma of Business (Legal Practice)

Advanced Diploma of Conveyancing

Diploma of Conveyancing

Bachelor of Law OR

7.2 Completion of an alternative Course or Examination acceptable to the CPC Panel.

PLUS

7.3 Five years Conveyancing experience in Victoria in a Managerial Role. OR

7.4 A person who is or was a Licensed or Registered Conveyancer in another State and who has a minimum of two years recent Conveyancing experience in Victoria in a Managerial Role. PLUS

7.5 The Applicant must have completed a minimum of six months probationary period as a member of AICVIC.

7.6 Applicants must provide employer references and supporting references from business associates, e.g. other AICVIC Members,

bank managers, brokers, real estate agents, etc.

8. Ineligible Persons The following persons will not be considered as Applicants for CPC status :

o An Australian Legal Practitioner holding a current practising Certificate

o A Real Estate Agent or Agent’s Representative holding a current Real Estate Licence in Australia

o A disbarred Australian Legal Practitioner or any person disqualified from membership of any professional body.

o Any person who is an undischarged bankrupt o Any person who has been convicted or found guilty of a

Criminal Offence involving fraud or dishonesty.

9. CPC PROGRAM - OPERATIONS

9.1 CPC Panel Director Deputy Director Secretary Two Members 9.2 The Panel must create and maintain ongoing academic and Professional credentials for the CPC Program. 9.3 Administrative Structure 9.3.1 The CPC Panel has, in close consultation with the AICVIC, developed guidelines and evaluation procedures for the individual CPC certification and criteria. (See Section 7)

9.3.2 In line with those guidelines, the CPC Panel will process CPC Applications and conduct the extensive verification checks required.

9.3.3 If the Application is successful, a Certificate and letter of confirmation will be sent to the Applicant. If the Application is unsuccessful, a reply in writing within 7 days

of the Panel making it’s decision will be sent to the Applicant giving the reasons for the decision and advice as to how CPC status can be achieved and such decision will be recorded by the AICVIC.

9.3.4 The CPC Panel will determine matters relating to the development, promotion and administration of the CPD program, activities and courses.

9.4 Settlement of Appeals 9.4.1 Any person who applies to the CPC Panel for CPC status and whose Application is unsuccessful, may appeal by giving notice in writing stating the grounds of Appeal. The Appeal must be delivered to the Secretary, CPC Panel, within one calendar month from the date of refusal of the Application. 9.4.2 Any person lodging any Notice of Appeal must include with the Notice a payment in the sum of One hundred and fifty dollars ($150) (or such other sum as the CPC Panel may determine from time to time) either by cheque - sent to AICVIC, Level 1, 551 King St, West Melbourne 3003 - or evidence of the electronic transfer of the funds into the AICVIC’s bank account 9.4.3 The CPC Panel will consider any Appeal at a Special Meeting of no less than four Members of the CPC Panel called for that purpose (the “Appeals Committee”). 9.4.4 Upon receipt of a Notice of Appeal, the Appeals Committee shall, within a reasonable time, give written notice of a date, not earlier than seven (7) and no later than sixty (60) days after the receipt of the Notice of Appeal, for the hearing of that Appeal. The Appellant shall be notified in writing of the venue and time for the Appeal hearing not less than fourteen (14) days prior to the hearing.

9.4.5 The Appeals Committee will appoint a duly qualified independant person upon receipt of a Notice of an Appeal from the Applicant who may be a CPC (but who is not a Panel Member), a Senior Lecturer of RMIT or such other person having knowledge of matters relating to Conveyancing and business of such skills required to be a CPC. The decision of such person shall be final and binding on the parties and in so acting he or she shall act as an expert and not as an arbitrator. 9.4.6 Only the Appellant and the Appeals Committee shall be entitled to :

o Be legally represented and/or to appear personally before the person appointed herein as the expert;

o Make written submissions to the person appointed herein as the expert; and

o Call such relevant evidence as they wish. 9.4.7 The decision of the person appointed herein as the expert shall be final and binding and such decision shall provide reasons for his or her decision and will be given in writing to the Appellant and Appeals Committee within seven (7) days of that decision which is to be recorded by AICVIC. 9.5 Termination of CPC Status

9.5.1 The CPC Panel may fine, reprimand, suspend or terminate any CPC who commits any breach of any AICVIC By-law or the AICVIC’s Code of Conduct or refuses to abide by any order or direction of the CPC Panel or who, in the opinion of the CPC Panel, is guilty of an unethical or unprofessional behaviour or has done something which is considered unbecoming of a CPC. 9.5.2 If any CPC becomes bankrupt or insolvent or becomes of unsound mind, that person may, at the discretion of the CPC Panel, cease to be a CPC.

9.5.3 Any CPC who may feel aggrieved by any decision or action of any CPC Panel to suspend or expel that person may, by Notice in writing stating the Grounds of Appeal delivered to the Secretary of the CPC Panel within one calendar month from the date of that decision or action, appeal against such decision or action. 9.5.4 Any person lodging any Notice of Appeal must include payment in the sum of One hundred and fifty dollars ($150) (or such sum as the CPC Panel may from time to time determine) with the Notice, either by cheque to be sent to AICVIC, Level 1, 551 King St, West Melbourne 3003 – or evidence of the electronic transfer of the funds into the AICVIC’s bank account. 9.5.5 The CPC Panel will consider any Appeal at a Special Meeting of no less than four Members of the CPC Panel called for that purpose (the “Appeals Committee”). 9.5.6 Upon receipt of a Notice of Appeal, the Appeals Committee shall within a reasonable time give written notice of a date, not earlier than seven (7) days and no later than sixty (60) days after the giving of the Notice of Appeal, for the hearing of that Appeal. The Appellant shall be notified in writing of the venue and time for the Appeal Hearing not less than fourteen (14) days prior to the Hearing. 9.5.7 The Appeals Committee will appoint a duly qualified independant person on receipt of a Notice of an Appeal from the Applicant who may be a CPC (but who is not a Panel Member), a Senior Lecturer appointed for the time being at RMIT or such other person having knowledge of matters relating to Conveyancing and business of such skills required to be a CPC. The decision of such person shall be final and binding on the parties and in so acting he or she shall act as an expert and not as an arbitrator. 9.5.8 Only the Appellant and the Appeals Committee shall be entitled to :

9.5.8.1 be legally represented and/or to appear personally before the Appeals Committee; 9.5.8.2 make written submissions to the Appeals Committee; and 9.5.8.3 call such relevant evidence as they wish. 9.5.9 The decision of the person appointed herein as the expert shall be final and binding and such decision shall provide reasons for his or her decision and will be given in writing to the Appellant and Appeals Committee within seven (7) days of that decision which is to be recorded by the AICVIC.

10. CONTINUING PROFESSIONAL DEVELOPMENT

10.1 The central premise of the CPC Program is a requirement for all CPCs to achieve no less than 10 points of CPD per annum or such other benchmark as determined by the CPC Panel from time to time. 10.2 The points are achieved by attending various education seminars, workshops, etc., participating in Best Practice Groups, writing articles for the AICVIC Conveyancing Magazine, etc. The full list can be viewed in the “Members Only” area section of the AICVIC website – www.aicvic.com.au. 10.3 Provision of educational opportunities which provide CPCs with merit towards the annual CPD requirement will be kept as broad as possible. This will allow a wider choice and variety of training and make it more convenient to meet the required criteria.