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FINANCIAL SERVICES TRAINING PACKAGE – FNB99 Conveyancing Competency Standards NATIONAL CODES FNBCNV01A – FNBCNV19A BSXFMI501A This is Volume 3 of a 13-volume set. This volume should not be used in isolation but in the context of the complete set for the Financial Services Training Package. The material contained within this volume is part of the endorsed component of the Financial Services Training Package endorsed by the National Training Quality Committee in June 1999 and agreed by Ministers. This Training Package is to be reviewed by 30 June 2003.

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Page 1: FINANCIAL SERVICES TRAINING PACKAGE – FNB99 …Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting

FINANCIAL SERVICES TRAINING PACKAGE – FNB99

Conveyancing Competency Standards

NATIONAL CODES FNBCNV01A – FNBCNV19A

BSXFMI501A

This is Volume 3 of a 13-volume set. This volume should not be used in isolation but in the context of the complete set for the Financial Services Training Package. The material contained within this volume is part of the endorsed component of the Financial Services Training Package endorsed by the National Training Quality Committee in June 1999 and agreed by Ministers. This Training Package is to be reviewed by 30 June 2003.

Page 2: FINANCIAL SERVICES TRAINING PACKAGE – FNB99 …Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting

© Australian National Training Authority (ANTA), 2003 This work has been produced with the assistance of funding provided by the Commonwealth Government through ANTA. • An individual may make a photocopy of all or part of the work for their personal use. • A Registered Training Organisation may make photocopies of all or part of the work for the teaching

purposes of that organisation, including for supply to its students provided that any consideration does not exceed the marginal cost of preparation, reproduction, assembly and delivery.

Except as permitted under the Copyright Act 1968, all other rights are reserved. Requests for permission may be directed to: Australian National Training Authority Level 11, AMP Place 10 Eagle Street BRISBANE, QLD 4000 Phone: (07) 3246 2300 Fax: (07) 3246 2490 This work is the result of wide consultations with Australian industry participants. It is a collaborative view and does not necessarily represent the view of ANTA or any specific body. For the sake of brevity it may omit factors which could be pertinent in particular cases. While care has been taken in the preparation of this Training Package, ANTA and the original developer do not warrant that any licensing or registration requirements specified here are either complete or up-to-date for your State or Territory. ANTA and the original developer do not accept any liability for any damage or loss (including indirect and consequential loss) incurred by any person as a result of relying on the information contained in this Training Package. This Training Package should not be regarded as professional advice and it should not be relied upon in any important matter without obtaining appropriate advice relevant to your circumstances. Published by: Australian Training Products Ltd Level 25, 150 Lonsdale St Melbourne 3000 Phone: +61 3 96550600 Fax: +61 3 9639 4684 www.atpl.net.au e-mail: [email protected] First Published: October 1999 STOCKCODE: atp9089 ISBN: 0 642 80010 3 Financial Services Training Package – FNB99 – Conveyancing Competency Standards Vol 3 0f 13 Printed for Australian Training Products Ltd by Document Printing Australia Melbourne, Australia AESharenet :P Print Version No: Version 4

8 August 2003

Page 3: FINANCIAL SERVICES TRAINING PACKAGE – FNB99 …Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting

IMPORTANT Training Packages are living documents. Changes are periodically made to reflect the latest industry practices. As a user of the Training Package, and before commencing any form of training or assessment, you must ensure delivery is from the current version. Ensure you are complying with this requirement by:

Checking the version identifier code of the version you currently have (located on the imprint page, just below the copyright statement)

Accessing the Australian Training Products (ATP) website and comparing the version identifier. Where the ATP website shows a different version, the modification history, again shown on the ATP website in the training package sample, will display the changes made in all versions. ATP website for version comparison (http://www.atpl.net.au) Changes in units of competency and packaging of qualifications are reflected on the National Training Information Service which only displays current information: http://www.ntis.gov.au

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MODIFICATION HISTORY – ENDORSED MATERIALS Please refer to the National Training Information Service for the latest version of Units of Competency and qualification information (http://www.ntis.gov.au).

Financial Services Training Package – FNB99 Sheet: 1 of 1

Ver

sion

Dat

e of

Rel

ease

Aut

horis

atio

n

Comments

4 July 2003 NTQC Addition of Superannuation Standards. Three new qualifications in Superannuation

3.00 October 2002 NTQC

Update of all Competency Standards; Addition of ASIC Standards, Financial Planning Standards; addition and revision of Accounting Standards; Revision of Qualifications Framework and Core Competency Units.

2.00 July 2001 NTQC

Addition of Conveyancing Standards and changes to general Insurance Standards. Six new qualifications, four in General Insurance and two in Conveyancing sector.

1.00 June 1999 NTFC Primary release

Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting that Training Package. Every Training Package will display an up-to-date copy of this modification history form, to be placed immediately after the contents page of the first volume of the Training Package. Comments on changes will only show sufficient detail to enable a user to identify the nature and location of the change. Changes to Training Packages will generally be batched at quarterly intervals. This modification history form will be included within any displayed sample of that Training Package and will constitute all detail available to identify changes.

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5

CONTENTS

FNBCNV01A Take instructions in relation to a transaction .............................................................. 8 FNBCNV02A Obtain and analyse all information for the transaction ............................................. 15 FNBCNV03A Liaise with clients, other professionals and third parties .......................................... 22 FNBCNV04A Negotiate to achieve goals and Manage Disputes................................................... 26 FNBCNVO5A Prepare and/or analyse and execute documents..................................................... 32 FNBCNV06A Establish, manage and administer trust accounts.................................................... 40 FNBCNV07A Finalise transactions................................................................................................. 46 FNBCNV08A Manage practice activities ........................................................................................ 55 FNBCNV09A Control practice budget ............................................................................................ 58 BSXFMI501A Manage personal work priorities and professional development ............................. 63 FNBCNV19A Manage efficient financial systems........................................................................... 67 FNBCNV10A Manage the recruitment, selection and induction of staff......................................... 73 FNBCNV11A Manage staff employment ........................................................................................ 77 FNBCNV12A Provide leadership and motivation to all staff........................................................... 81 FNBCNV13A Manage staff performance to achieve strategic targets ........................................... 85 FNBCNV14A Manage staff training ................................................................................................ 90 FNBCNV15A Prepare practice strategic plans............................................................................... 94 FNBCNV16A Implement operational plans to achieve strategic targets ........................................ 99 FNBCNV17A Manage the flow of information in the practice....................................................... 104 FNBCNV18A Implement client service strategy ........................................................................... 108

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Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

8

FNBCNV01A Take instructions in relation to a transaction Stream: Conveyancing

Functional Area: Core (Manage Client Services)

National Code: FNBCNV01A

Unit Description: This unit describes the function associated with taking instructions from clients in regard to dealings with real or personal property.

ELEMENT PERFORMANCE CRITERIA

1. Establish the client's needs

a) Client needs and expectations are identified and assessed in consultation with the client and where necessary, any clarification/verification is sought immediately in accordance with the practice’s policy and procedures

b) Optional courses of action are determined and discussed with client

c) Information gathered or given is checked for accuracy and relevance

d) Client and conveyancer confirm an understanding of mutual needs and responsibilities

e) Client's needs and responsibilities are recorded and documented promptly and accurately

2. Identify any conflict of interest between conveyancer and client

a) Conflicts of interest associated with the transaction are identified and noted

b) Conflicts of interest are assessed to determine appropriate actions for the client and business and these clients informed of these determinations

3. Identify parties, properties and other interests

a) Parties, properties and interests relevant to the transaction are identified promptly and thoroughly

b) Documentation and titles are examined to confirm facts pertaining to the transaction

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FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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ELEMENT PERFORMANCE CRITERIA

4. Determine terms of engagement

a) Appropriate terms of engagement which comply with legislative, regulatory and practice requirements are determined and articulated to client clearly and promptly

b) Client's agreement with terms is established and recorded

c) Authorities are obtained from client and other relevant parties

d) Estimates of fees, disbursements and time is checked for accuracy and completeness and provided to client

5. Determine contingency strategies

a) Contingencies relating to the transaction are assessed and articulated to the client.

b) Contingency strategies and options are determined and agreed in consultation with client

6. Initiate the transaction

a) A course of action is selected which meets the client's needs and complies with policies and procedures of the practice

b) Clients are advised of all procedures to be utilised to achieve their goals

c) Instructions to proceed or not to proceed are confirmed with client

d) Referral to other professionals or third parties is made where appropriate

e) All relevant instructions, information, facts and evidence are organised, documented and client file formally opened

RANGE STATEMENT

The range of transactions and documentation that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

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FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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RANGE STATEMENT

Factors impacting on taking instructions from a client

Factors impacting on taking instructions from a client may include:

• geographic location of client or conveyancer

• communication skills of client

• knowledge of conveyancing issues by client

• understanding the client's goals

• availability and quality of information provided by client

• consumer protection legislation, common law or licensing requirements

• legal capacity of client

Client instructions Client instructions may be:

• verbal

• written

• electronic

Client files Client files may be new or existing or files transferred from other practices or organisations.

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• information technology systems

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and Complaints resolution procedures

Transactions Transactions may include a range of dealings in real or personal property.

Contingency Strategies Contingency strategies may include:

• referral to other professionals or third parties

• requesting further information/evidence

• delaying the initiation of action or service

• non activation of client file(s)

• ceasing service

• declining service

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FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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RANGE STATEMENT

Documentation Documentation may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• official/general/other correspondence

• minutes

• meeting notes

• records of telephone conversations

• electronic documents or messages

• electronic funds management transaction statements

• time sheets

• interview records

• documents dealing with real or personal property

Other professionals or third parties

Other professionals or third parties may include:

• Accounting/Taxation Accountants Tax consultants Auditors Liquidators

• Legal Attorneys Barristers/Solicitors Mediators/Tribunals Trustees Staff from legal offices

• Real Estate Real Estate agents or staff Auctioneers Valuers Landlords/tenants Managing agents or staff Body corporate managers/secretaries Strata and community managers

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FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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RANGE STATEMENT

Other professionals or third parties (cont’d)

• Building and construction Architects Engineers Building inspectors Professional associations Surveyors, quantity surveyors and planning consultants

• Business or commercial Company directors/managers Joint venturers Other conveyancers and their staff

• Financial institutions Finance brokers/providers Insurance brokers/providers Financial advisers/consultants Loss Adjusters/Assessors

• Government departments and agencies Licensing authorities Consumer protection authorities Land Titles Offices Municipal offices Town planners Rating authorities

• Licensees

• Nominees

• Other parties to the transaction

• Timber pest inspectors

• Mortgagees/Encumbrancees

• Beneficiaries

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FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• application of sound interpersonal skills and the ability to establish the client's needs quickly and accurately in relation to the transaction

• determining whether transactions can proceed in light of client instructions or prevailing circumstances and confirming the authority to act

• ability to establish realistic timeframes and to estimate times, fees and disbursements

• attention to detail and checking/verifying the accuracy of information collected/given

• maintaining client confidentiality at all times

• ensuring that transactions are completed by qualified practitioners or professionals

• application of knowledge of legislative and professional requirements

Interdependent assessment of units:

This unit may be assessed independently.

Underpinning knowledge includes:

• relevant legislation and common law

• policies/procedures/requirements of the practice

• current legislative, regulatory and industry practices, procedures and services

• business principles and law

• relevant types of contract and other required documentation

• professional/industry terminology

• relevant consumer protection requirements

• insurance requirements

Underpinning skills include:

• sound communication, listening and relationship building skills

• negotiating and interviewing

• analytical, evaluative and deductive reasoning

• problem solving

• writing and record keeping

• computer literacy and technology skills

• data analysis and interpretation

• calculation and estimating

• organisational and time management

Page 14: FINANCIAL SERVICES TRAINING PACKAGE – FNB99 …Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting

FNBCNV01A - TAKE INSTRUCTIONS IN RELATION TO A TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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EVIDENCE GUIDE

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 2

Page 15: FINANCIAL SERVICES TRAINING PACKAGE – FNB99 …Forms control: All endorsed Training Packages will have a version number displayed on the imprint page of every volume constituting

FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

15

FNBCNV02A Obtain and analyse all information for the transaction

Stream: Conveyancing

Functional Area: Core (Manage Client Services)

National Code: FNBCNV02A

Unit Description: This unit describes the function associated with gathering, analysing and evaluating all relevant data for the transaction following confirmation of initial instructions from the client.

ELEMENT PERFORMANCE CRITERIA

1. Identify information needs

a) Sources of information relevant to the transaction are identified

b) Searches to be performed are defined and agreed with client prior to commencement

c) Required reports are identified and arranged with the appropriate bodies

d) Applicable fees, taxes, other expenses and rebates are identified and clients are advised promptly and accurately

2. Perform relevant document searches and investigations

a) Searches are performed and completed accurately and thoroughly using appropriate methods

b) Legal positions are established and recorded in accordance with the practice’s policy and procedures

c) All relevant reports required from third parties are obtained from the appropriate bodies

3. Evaluate issues arising with transaction

a) Legal issues and risks are identified, summarised and communicated to client clearly and promptly and in accordance with relevant legislation, regulations and the practice’s policy and procedures

b) Clients' rights within the transaction are defined and clarified for the client

c) Desired outcomes are established and strategies to achieve them are devised in consultation with client

d) Implications for professional indemnity insurance are assessed thoroughly and appropriate action is taken

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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ELEMENT PERFORMANCE CRITERIA

4. Deal with third parties and other professionals

a) Relevant third parties and other professionals are identified

b) Information to be obtained from or provided to third parties and other professionals is identified

c) Appropriate consultation with third parties and other professionals occurs and authorities are obtained

5. Present information relevant to the transaction to the client

a) Documentation is presented clearly and promptly and in accordance with relevant legislation and regulations and the practice’s policy and procedures

b) Information necessary for the transaction to proceed in a legally binding manner is recorded and documented in client files

c) Clients are advised of the implications of all information received from or forwarded to relevant parties

RANGE STATEMENT

The range of transactions and documentation that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Transactions Transactions may include a range of dealings in real or personal property.

Relevant reports Relevant or required reports may include:

• structural and building reports

• land/soil contamination reports

• inspection reports

• reports from third parties or other professionals

Information sources Sources may be in manual or electronic format and information requirements may include:

• stamping and registration

• licensing

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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RANGE STATEMENT

Information sources (cont’d)

• planning

• searching, including prescribed requirements

• ministerial and other consent procedures

• insurance

• legal, official and professional

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• financial and information technology systems

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and complaints resolution procedures

Client files Client files may be new or existing or files transferred from other practices or organisations.

Legislation and regulations

Relevant legislation and regulations may include:

• Commonwealth

• State

• Local

Risks Risks apply to both the client and conveyancer and may include:

• financial/economic

• personal

• legal/regulatory/licensing

• business/professional/personal reputation

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

18

RANGE STATEMENT

Documentation Documentation may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• minutes

• meeting notes

• records of telephone conversations

• electronic documents or messages

• time sheets

• interview records

• official/general/other correspondence

• documents dealing with real or personal property

Other professionals or third parties

Other professionals or third parties may include:

• Accounting/Taxation Accountants Tax consultants Auditors Liquidators

• Legal Attorneys Barristers/Solicitors Mediators/Tribunals Trustees Staff from legal offices

• Real Estate Real Estate agents or staff Auctioneers Valuers Landlords/tenants Managing agents or staff Body corporate managers/secretaries Strata and community managers

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

19

RANGE STATEMENT

Other professionals or third parties (cont’d)

• Building and construction Architects Engineers Building inspectors Professional associations Surveyors, quantity surveyors and planning consultants

• Business or commercial Company directors/managers Joint venturers Other conveyancers and their staff

• Financial institutions Finance brokers/providers Insurance brokers/providers Financial advisers/consultants Loss Adjusters/Assessors

• Government departments and agencies Licensing authorities Consumer protection authorities Land Titles Offices Municipal offices Town planners Rating authorities

• Licensees

• Nominees

• Other parties to the transaction

• Timber pest inspectors

• Mortgagees/Encumbrancees

• Beneficiaries

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• application of sound interpersonal skills and the ability to establish the client's needs quickly and accurately in relation to the transaction

• application of sound knowledge and understanding of relevant policies, procedures and regulatory requirements

• attention to detail and checking/verifying the accuracy of information collected/given

• maintaining client interests and confidentiality at all times

• risk assessment and evaluation

• ensuring that transactions are completed accurately and on time

• ability to identify appropriate qualified practitioners or other professionals

• application of thorough knowledge of legislative disclosure requirements

• application of thorough knowledge of titling systems

Interdependent assessment of units:

This unit may be assessed independently, however demonstration of competence in unit FNBCNV01A is a prerequisite.

Underpinning knowledge includes:

• relevant legislation and common law

• policies/procedures/requirements of the practice

• business principles, practices and law

• current legislative, regulatory and industry practices, procedures and services

• current procedures and practices of financial institutions

• professional/industry terminology

• relevant consumer protection requirements

• insurance requirements

• registration and conversion procedures and strategies

• risk assessment and evaluation strategies

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FNBCNV02A - OBTAIN AND ANALYSE ALL INFORMATION FOR THE TRANSACTION

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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EVIDENCE GUIDE

Underpinning skills include:

• sound communication, listening and relationship building skills

• negotiating and interviewing

• analytical, evaluative and deductive reasoning

• research

• problem solving

• writing and record keeping

• current computer and office technology skills

• data analysis and interpretation

• calculation and estimating

• organisational and time management

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 2

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FNBCNV03A - LIAISE WITH CLIENTS, OTHER PROFESSIONALS AND THIRD PARTIES

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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FNBCNV03A Liaise with clients, other professionals and third parties

Stream: Conveyancing

Functional Area: Core (Manage Client Services)

National Code: FNBCNV03A

Unit Description: This unit describes the function associated with establishing and maintaining professional relationships with clients, colleagues and other parties in order to complete work tasks and to further the reputation of the practice and the profession.

ELEMENT PERFORMANCE CRITERIA

1. Develop trust and confidence in business relationships

a) All dealings with the client and other parties are conducted professionally, courteously, with respect and integrity in accordance with the practice’s policies and procedures and with legislative, regulatory and professional codes of practice

b) The practice's social, business and ethical standards are used to develop and maintain positive relationships

c) Trust and confidence of colleagues, clients and other parties is gained and maintained through competent performance and confidentiality

d) Interpersonal styles and methods are adjusted to the needs and situation of other parties

2. Build and maintain business networks and relationships

a) Develop and maintain business and professional networks and other relationships to benefit the practice

b) Use business and professional networks to identify and cultivate relationships in order to promote and market the practice

c) Cooperate with other professionals and third parties to expand and enhance the reputation of the practice and to identify new and improved business practices

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FNBCNV03A - LIAISE WITH CLIENTS, OTHER PROFESSIONALS AND THIRD PARTIES

Financial Services Training Package FNB99:Version 4 © Australian National Training Authority

Conveyancing Competency Standards For Review by 30/06/2003

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• information technology systems

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and Complaints resolution procedures

Legislation and regulations

Relevant legislation and regulations may include:

• Commonwealth

• State

• Local

Professional and business networks

Professional and business networks may include:

• clients

• colleagues

• third parties and other professionals

• government and official agencies and staff

• legal practices and staff

• real estate practices and staff

• professional / industry associations

• other appropriate business and service personnel

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FNBCNV03A - LIAISE WITH CLIENTS, OTHER PROFESSIONALS AND THIRD PARTIES

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Conveyancing Competency Standards For Review by 30/06/2003

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• goal achievement abilities

• application of high level communication, negotiation, interpersonal and relationship management skills

• application of knowledge and understanding of the goals, policies and procedures of the practice

• ability to work under pressure and within tight timelines

• ability to prioritise workloads and work independently

• ability to monitor and introduce ways to improve work relationships

• develops constructive responses when faced with problems and difficulties

• performs in a way which reinforces and strengthens relationships

• responds effectively to unexpected demands from a range of sources

• treats people openly and fairly and provides open and honest feedback

• encourages different views to be submitted and discussed

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• local and international economic environment and trends

• marketing and public relations tools and media

• relevant legislation and regulations

• negotiation and communication principles

Underpinning skills include:

• communicate effectively with a variety of people of diverse social, ethnic and cultural

• backgrounds in a range of business contexts

• stress management techniques and principles

• critical analysis, evaluation and deductive reasoning

• problem solving and decision making

• goal setting

• use of technology

• use of promotional and marketing tools and techniques

• verbal and written communication

• report and letter writing

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EVIDENCE GUIDE

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of business dealing and situations.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 2

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FNBCNV04A Negotiate to achieve goals and Manage Disputes Stream: Conveyancing

Functional Area: Core (Manage Client Services)

National Code: FNBCNV04A

Unit Description: This unit describes the functions associated with negotiating and communicating with a range of stakeholders to perform required tasks, manage disputes and achieve the goal of furthering the interests of a client in a transaction.

ELEMENT PERFORMANCE CRITERIA

1. Establish the needs of the parties

a) Desired needs, requirements and outcomes of all parties are identified and established through open and professional communication strategies

b) Identify potential issues and problems as well as successful outcomes for the practice and the client

c) Strategies and options for achieving outcomes are identified, analysed and discussed with relevant parties

d) Risks and contingency strategies are identified and evaluated

e) Information, facts and issues relevant to the situation are established and where required, expert advice from third parties or other professionals is sought prior to negotiations

2. Negotiate to achieve an agreed outcome

a) Strategies and options to achieve goals and complete processes are agreed to and professionally communicated to the relevant parties

b) Strategies and options are reviewed for compliance with contractual, legislative, regulatory and professional requirements, and are in accordance with the practice’s policies and procedures

c) Agreement by all parties is sought and confirmed and properly documented

3. Cause(s) of dispute(s) are identified and documented

a) Issues or disputes are promptly identified and analysed and the position of the relevant parties are established

b) The confidence of other parties is established through open and professional communication and through respect and empathy for other viewpoints and positions

c) Disputes and issues are promptly and accurately documented and verified with all other relevant parties

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ELEMENT PERFORMANCE CRITERIA

4. Implement and manage strategies to resolve dispute(s)

a) Strategies and options which are most likely to achieve favourable outcomes for all relevant parties are identified, evaluated and implemented

b) Proceedings to settle the dispute are implemented promptly and are in accordance with legislative, regulatory, professional and the practice’s requirements

c) The dispute is managed to optimise the likelihood of a favourable outcome for all parties and is in line with the practice’s policies and goals

d) Procedures to resolve dispute are in accordance with the practice’s policies and procedures and with legislative, regulatory and professional requirements

e) Accurate, thorough and accessible records of all aspects of the dispute documented for follow up and future reference

f) Relevant parties are contacted to identify any follow up action required to ensure client satisfaction

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Negotiation Negotiations may deal with a range of matters, including contentious issues or problems in the course of a transaction prior to settlement and will need to suggest both practical and legal options for resolution.

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RANGE STATEMENT

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• information technology systems

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and complaint resolution procedures

Risks Risks apply to both the client and conveyancer and may include:

• financial/economic

• personal

• legal/regulatory/licensing

• business/professional/personal reputation

Contingency Strategies Contingency strategies may include:

• referral to other professionals or third parties

• requesting further information/evidence

• delaying the initiation of action or service

• ceasing services

• declining service

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RANGE STATEMENT

Documentation Documentation may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• minutes

• meeting notes

• records of telephone conversations

• electronic documents or messages

• electronic funds management transaction statements

• time sheets

• interview records

• official/general/other correspondence

• documents dealing with real or personal property

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• high level communication interpersonal and negotiation skills

• ability to achieve rapport and to empathise with others

• managing relationships effectively to achieve goals/results

• sound conflict resolutions skills and strategies

• strong research, analytical and deductive reasoning skills and practices

• application of thorough knowledge of relevant legislation, regulations and professional codes of practice

• application of thorough knowledge of the practice’s policies and procedures

Interdependent assessment of Units:

This unit may be assessed independently, however demonstration of competence in Unit FNBCNV03A is a prerequisite

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EVIDENCE GUIDE

Underpinning knowledge includes:

• negotiating processes and strategies

• dispute resolution and conflict theory

• practices policies and procedures

• current legislative, regulatory and industry practices, procedures and services

• relevant consumer protection requirements

• risk assessment and evaluation strategies

• business principles, practices and law

• contract law

Underpinning skills include:

• communication, interpersonal and negotiation skills

• problem solving

• research and information gathering and evaluation

• critical analysis, evaluation and deductive reasoning

• communicate in a range of personal, professional and business environments with diverse people

• ability to explain complex/legal issues in simple terms

• record keeping and report writing

• identifying and applying a range of negotiating strategies

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of negotiations, disputes and transactions.

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Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV05A - PREPARE AND/OR ANALYSE AND EXECUTE DOCUMENTS

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FNBCNVO5A Prepare and/or analyse and execute documents Stream: Conveyancing

Functional Area: Core (Manage Quality Financial/Business Practices)

National Code: FNBCNVO5A

Unit Description: This unit describes the function associated with the analysis and/or preparation and execution of Conveyancing documentation.

ELEMENT PERFORMANCE CRITERIA

1. Prepare and/or analyse documentation

a) Purpose, scope and parameters of documentation are clearly identified and defined

b) Documentation prepared by other professionals and third parties is analysed for compliance with legislative, regulatory, professional and practice requirements

c) Documentation accurately reflects client needs, expectations and instructions and complies with relevant requirements

d) All relevant parties, property, terms and conditions agreed to by the parties are accurately and thoroughly described and recorded

e) Documentation is completed within agreed timelines and is reviewed for consistency with original purpose and to ensure it achieves the intended outcomes

f) Where relevant, documentation is certified, signed and witnessed in accordance with legislative and regulatory requirements

2. Present documentation for execution

a) Clear, comprehensive and accurate advice of client rights, obligations and responsibilities ensuing from the legal relationship are provided to the client

b) Instructions, information or advice provided to client complies with regulatory, legislative, professional and the practices policies and procedures

c) All relevant processes for proper execution of documentation are completed and checked within required timelines and the documentation is presented for execution

d) Execution by third parties is arranged and checked to ensure compliance with regulatory and legislative constraints and to ensure timely settlement

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RANGE STATEMENT

The range of transactions and documentation that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces. Application of this unit of competency will vary with the methods of preparation and presentation of documentation, and will depend on the technology available in the work place.

Client instructions Client instructions may be:

• verbal

• written

• electronic

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• financial information technology systems

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and Complaints resolution procedures

Legislation and regulations

Relevant legislation and regulations may include:

• Commonwealth

• State

• Local

Documentation Documentation includes both that which has been previously identified and that which is prescribed and may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• minutes

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RANGE STATEMENT

• meeting notes

• records of telephone conversations

• electronic documents or messages

• electronic funds management transaction statements

• time sheets

• interview records

• official/general/other correspondence

• documents dealing with real or personal property Documentation should make consideration of the

following:

• aboriginal land rights / sacred sights

• heritage / conservation

• ASIC requirements

• relevant legislation and regulations

• local, state and federal government taxes

• house contracts and guarantee provision

• associations

• insurance

• banking

• land acquisition

• bankruptcy

• land division

• bills of sale

• landlords and tenants

• building regulations

• law of succession

• business licenses

• licensing of conveyancers

• business law

• limitation of actions

• commercial tenancies

• mining

• old system land

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RANGE STATEMENT

• minors

• consumer protection

• mortgage financing

• consumer credit

• pastoral properties

• personal property

• permissive occupancy

• contract

• planning

• copyright

• crown land

• powers of attorney

• dealing with interests in land

• privacy

• deceased estates

• property inspections and searching

• easements

• covenants

• rates and charges

• environment

• real estate agents

• Fair Trading

• retail leases

• family law

• roads

• fences

• sale of goods

• finances and securities

• stamp duty

• strata titles

• bodies corporate

• registration of dealings with land

• torts

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RANGE STATEMENT

• revenue law

• Trade Practices

• food and health

• trusts

• foreign investment

• workers liens

• guardianship

Other professionals or third parties

Other professionals or third parties may include:

• Accounting/Taxation Accountants Tax consultants Auditors Liquidators

• Legal Attorneys Barristers/Solicitors Mediators/Tribunals Trustees Staff from legal offices • Real Estate Real Estate agents or staff Auctioneers Valuers Landlords/tenants Managing agents or staff Body corporate managers/secretaries Strata and community managers

• Building and construction Architects Engineers Building inspectors Professional associations Surveyors, quantity surveyors and planning consultants

• Business or commercial Company directors/managers Joint venturers Other conveyancers and their staff

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RANGE STATEMENT

• Financial institutions Finance brokers/providers Insurance brokers/providers Financial advisers/consultants Loss Adjusters/Assessors

• Government departments and agencies Licensing authorities Consumer protection authorities Land Titles Offices Municipal offices Town planners Rating authorities

• Licensees • Nominees • Other parties to the transaction • Timber pest inspectors • Mortgagees/Encumbrancees • Beneficiaries

Execution of documents Execution of documentation may be:

• Electronic

• Manual

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• application of thorough knowledge of compliance with relevant regulations, legislation and common law in document preparation

• ability to work under pressure and within strict timelines

• application of detailed knowledge of practice policies and procedures as well as government department practices and procedures

• critical analysis, monitoring and checking

• ensuring that document achieves outcomes in accordance with client needs

Interdependent assessment of units:

This unit may be assessed independently.

Underpinning knowledge includes:

• relevant legislation and common law

• Land Titles office and other relevant government agency practices and requirements

• documentation preparation and formatting requirements

• fiduciary duties and responsibilities relating to document preparation

• information technology, including electronic lodgement systems

Underpinning skills include:

• examining and analysing documents and legislation

• liaising/consulting with others

• presenting information and advice in a variety of forms/formats

• planning and organising work

• operating appropriate technology

• drafting documents

• managing time efficiently

• critical analysis, evaluation and deductive reasoning

• recording and maintaining files

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

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EVIDENCE GUIDE

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 3

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FNBCNV06A - ESTABLISH, MANAGE AND ADMINISTER TRUST ACCOUNTS

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FNBCNV06A Establish, manage and administer trust accounts Stream: Conveyancing

Functional Area: Core (Manage Quality Financial/Business Practices)

National Code: FNBCNV06A

Unit Description: This unit describes the function of establishing, managing and administering trust and/or controlled money accounts.

ELEMENT PERFORMANCE CRITERIA

1. Review for compliance with Trust Account requirements

a) Policies and procedures for accurate trust account keeping are developed which are in accordance with trust account requirements and with key principles of accounting and financial management

b) Financial and IT systems are evaluated and reviewed to ensure compliance with all trust account requirements

c) Trust account requirements are clearly identified, accurately recorded and continuously updated in accordance with relevant legislation and regulations

d) Documentation of trust records and transactions are reviewed to ensure compliance with statutory, legislative, legal and professional requirements and with the practice’s policy and procedures

e) Check to ensure audit and security arrangements provide adequate protection for client confidentiality and client funds held in trust

f) Documentation and other reporting requirements are regularly reviewed for compliance with all trust account requirements

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ELEMENT PERFORMANCE CRITERIA

2. Establish and manage Trust Accounts

a) Determine financial and other performance requirements in accordance with client instructions, legislative, regulatory, industry and practice requirements

b) Ensure appropriate arrangements are made with third parties and other professionals to ensure compliance with statutory requirements for the operation of trust accounts

c) Ensure that the practice’s trust administration policies and procedures are disseminated or readily available to relevant staff or clients in an appropriate format

d) Provide ongoing training to all relevant staff to ensure efficient operation of trust accounts, financial and IT systems and implementation of plans

3. Maintain records of trust transactions

a) All transactions are supported by appropriate authorisation and documentation, meet all relevant trust account requirements, and are in line with client instructions.

b) All relevant entries and transactions are promptly and accurately recorded in accordance with all relevant trust account requirements and with the practice’s requirements and can be provided on demand.

c) Any discrepancies in entries or documentation are promptly followed up to ensure clarification or resolution and are reported to relevant authorities where necessary.

4. Monitor and review Trust Accounts

a) Trust account entries and transactions are regularly checked and monitored to ensure compliance with regulatory, legislative, client and the practice’s requirements

b) Trust transactions are monitored to ensure client authorisation is obtained prior to any disbursements

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces. The application of this competency applies to practices that operate trust accounts.

Regulators, accountants and auditors, will usually identify auditing and reporting requirements.

Trust account requirements

Trust account requirements include but are not limited to:

• audit and accounting requirements

• taxation and financial fees and charges

• relevant regulations and legislation

• financial management principles and practices

• financial and IT systems and technology

• compliance of financial and IT systems and technology with relevant legislation and regulations

• disclosure and reporting requirements

• client confidentiality

• client instructions, expectations and needs

Financial systems Financial systems may be either manual or computerised

Financial and IT system performance

Financial and IT system performance must take into account, but is not limited to the following factors:

• electronic funds management including transfer/ deposit/verification

• administrative systems

• ethical requirements

• bookkeeping

• trust account procedures

• office routines

• legislative and regulatory requirements

• disclosure and reporting requirements

• security requirements

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RANGE STATEMENT

• Australian Accounting Standards and Codes of Practice

• Consumer Credit Codes

• IT legislation, regulations and codes of practice

Documentation Documentation may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• minutes

• meeting notes

• records of telephone conversations

• electronic documents or messages

• electronic funds management transaction statements

• time sheets

• interview records

• official/general/other correspondence

• documents dealing with real or personal property

Transactions Transactions may include a range of dealings in real or personal property, and may include electronic, computerised or manual entries or processes.

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• compliance with and thorough knowledge of statutory and legislative requirements for the operation of trust accounts

• application of financial management and accounting principles and knowledge

• application of detailed knowledge of the policies and procedures of the practice

• commitment to client service and maintenance of client confidentiality

• high level critical analysis, monitoring and evaluative skills

• high standards of professional and ethical behaviour in all actions

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EVIDENCE GUIDE

Interdependent assessment of units:

This unit may be assessed independently.

Underpinning knowledge includes:

• auditing and reporting requirements

• relevant financial, privacy, disclosure and business legislation and regulations

• finance industry and financial systems

• trust accounting and procedures

• taxation and financial fees and charges

• security requirements

• ethical requirements

• accounting and bookkeeping for financial control

• administrative/office routines and practices

• information technology and management systems

• cost/benefit analysis of establishing/maintaining trust accounts

• statutory standards on the operation, reporting and auditing requirements of a trust account

• policy and procedures of the practice

Underpinning skills include:

• financial management techniques

• accounting and bookkeeping principles

• performing relevant mathematical calculations

• research and analysis of current and relevant issues

• solve problems

• planning and organising work

• training and mentoring others

• operating relevant office technology and software packages

• performing tasks in a range of relevant computer/manual applications

• communication in a range of business environments with diverse people

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

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EVIDENCE GUIDE

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 3

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FNBCNV07A - FINALISE TRANSACTIONS

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FNBCNV07A Finalise transactions Stream: Conveyancing

Functional Area: Core (Manage Quality Financial/Business Practices)

National Code: FNBCNV07A

Unit Description: This unit describes the function associated with completing transactions and ensuring that all matters relating to the transaction are completed.

ELEMENT PERFORMANCE CRITERIA

1. Arrange and attend settlement (if required)

a) All parties to the transaction are identified and all relevant actions are taken to ensure that they are ready to complete the transaction

b) Transaction requirements are fulfilled accurately and completely

c) Information relevant to preparation of settlement statements is identified and collated and statements are prepared and reconciled

d) Funds pertaining to the completion of the transaction are identified and relevant parties advised

e) Funds required for the completion of the transaction are received within the required timeframe

f) Documents are stamped correctly in accordance with legislative, regulatory and the practice’s requirements

2. Determine contingency strategies for settlements where contractual obligations remain unfulfilled

a) Unfulfilled contractual obligations are identified and possible contingencies are assessed

b) A range of contingency strategies and options are identified and evaluated and articulated to the client

c) Appropriate strategies and options are determined in consultation with client and in accordance with practice policy and procedures and with legislative, regulatory and professional requirements

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ELEMENT PERFORMANCE CRITERIA

3. Complete transaction a) Transaction arrangements are confirmed with all relevant parties, and conditions for the finalisation of the transaction, including compliance with special conditions, are met

b) Final searches and inspections where required, are arranged and/or performed

c) Transaction documents are examined for accuracy and completion

d) Transaction is completed with all relevant parties

e) Stamped documents are lodged for registration

4. Implement post-transaction procedures, as appropriate

a) All relevant parties including rating/other authorities are advised of transaction completion

b) Outstanding payments are made

c) Outstanding matters are monitored and concluded promptly

d) Registration change on title is confirmed, if applicable

e) Return documents to client's and third party's

f) Receive and disburse funds as authorised

g) Invoices are prepared and despatched to clients and other parties

h) Financial/business records (including client file) are updated

i) File is closed and archived according to legislative, regulatory and practice requirements

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Application of this unit of competency will vary depending on the methods of work relating to finalising transactions used in the practice environment. The work methods

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RANGE STATEMENT

will vary with the technology available.

Transactions Transactions may include a range of dealings in real or personal property.

Transactions to be finalised

Transactions to be finalised include, but are not limited to, the application of laws concerning the following:

• associations

• limitation of actions

• banking

• local government

• bankruptcy

• local, state and federal government taxes

• bills of sale

• minors

• building regulations and house contracts

• mortgage financing

• commercial tenancies

• old system land

• contract

• planning

• dealing with interests in land

• powers of attorney

• deceased estates

• privacy

• easements and restrictive covenants

• property inspections and searching

• fences

• rates and taxes

• food and health

• real estate taxes

• foreign investment

• real estate agents

• guarantee provisions

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RANGE STATEMENT

• registration of dealings with land

• guardianship

• roads

• heritage

• sale of goods

• land acquisition

• stamp duty

• land division

• strata and community titles and bodies corporate

• landlords and tenants

• trusts

• regulation of conveyancers

• workers liens

• caveats and warrants

Factors impacting on taking instructions from a client

Factors impacting on taking instructions from a client may include:

• geographic location of client or conveyancer

• communication skills of clients

• legal capacity of client

• knowledge of conveyancing issues by clients

• understanding the client's goals

• availability and quality of information provided by client

• consumer protection legislation or licensing requirements

• understanding of relevant aspects of statutory and common law relating to the provision of conveyancing advice

Client files Client files may be new or existing or files transferred from other practices or organisations.

Practice policy and procedures

Practice policy and procedures may include:

• client management practices and principles

• professional codes of practice

• information technology systems

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RANGE STATEMENT

• clerical and administrative procedures

• management and supervisory practices

• professional development requirements

• disputes and Complaints resolution procedures

Contingency Strategies Contingency strategies may include:

• referral to other professionals or third parties

• requesting further information/evidence

• delaying the initiation of action or service

• ceasing services

• declining service

Documentation Documentation may include:

• reference to all instructions/evidence/information gathered or considered

• the basis on which decisions were determined

• legal/ government/professional/other documents

• reports/correspondence/advice from other professionals or third parties

• minutes

• meeting notes

• records of telephone conversations

• electronic documents or messages

• electronic funds management transaction statements

• time sheets

• interview records

• official/general/other correspondence

• documents dealing with real or personal property

Other professionals or third parties

Other professionals or third parties may include:

• Accounting/Taxation Accountants Tax consultants Auditors Liquidators

• Legal Attorneys

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RANGE STATEMENT

Barristers/Solicitors Mediators/Tribunals Trustees Staff from legal offices

• Real Estate Real Estate agents or staff Auctioneers Valuers Landlords/tenants Managing agents or staff Body corporate managers/secretaries Strata and community managers

• Building and construction Architects Engineers Building inspectors Professional associations Surveyors, quantity surveyors and planning consultants

• Business or commercial Company directors/managers Joint venturers Other conveyancers and their staff

• Financial institutions Finance brokers/providers Insurance brokers/providers Financial advisers/consultants Loss Adjusters/Assessors

• Government departments and agencies Licensing authorities Consumer protection authorities Land Titles Offices Municipal offices Town planners Rating authorities

• Licensees • Nominees • Timber pest inspectors • Beneficiaries • Mortgagees/Encumbrancees

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RANGE STATEMENT

Information Information requirements include, but are not limited to:

• stamping and registration

• searching

Funds, fees, deductions and disbursements

Funds, fees, deductions and disbursements include, but are not limited to:

• real estate agent's commission

• Commonwealth and State/Territory taxes

• rates and taxes

• conveyancer's fees

• client's fees

• payments to third parties as directed by client

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• compliance with and knowledge of relevant regulations, legislation and common law in document preparation

• ability to work under pressure and within strict timelines to ensure documents are prepared accurately and thoroughly, including those being prepared by other parties

• compliance with and through knowledge of practice policies and procedures

• critical analysis, monitoring and checking

• ensuring that reconciliation takes place prior to Settlement

• devising and implementing contingencies for incomplete documents where necessary

• ensuring that document achieves outcomes in accordance with client needs

• preparing contingency plans in the event of a party being unable to fulfil contractual obligations

• following and implementing government procedures

Interdependent assessment of units:

This unit may be assessed independently, however demonstration of competence in Unit FNBCNV05A is a prerequisite

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EVIDENCE GUIDE

Underpinning knowledge includes:

• relevant legislation, regulations and common law

• practice policy and procedures

• process monitoring

• quality assurance

• file reconciliation procedures

• relevant financial procedures

Underpinning skills include:

• communicating in a range of business environments with diverse people

• planning contingency measures

• negotiating with a range of people in diverse situations

• planning and organising work efficiently

• problem solving

• research and analysis of current and relevant issues

• managing accounts and finances

• operating appropriate technology and software

• advocating on a range of issues

• obtaining ongoing instructions

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 3

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FNBCNV08A Manage practice activities Stream: Conveyancing

Functional Area: Core (Manage Quality Financial/Business Practices)

National Code: FNBCNV08A

Unit Description: This unit describes the function associated with establishing an effective office environment, including the development of policies and procedures for the management of a conveyancing practice.

ELEMENT PERFORMANCE CRITERIA

1. Establish and manage the practice’s facilities and equipment

a) Identify, evaluate, prioritise and cost equipment/facilities needs in accordance with the practice’s policies, goals and budget

b) Plans for acquisition or disposal of equipment and facilities are in accordance with the practice’s needs are developed and implemented

c) Identify and develop policies and procedures appropriate to the practice’s business environment and goals

d) The practice’s working environment is designed to facilitate effective and productive work flow and communication

2. Develop and implement procedures for the practice

a) Where relevant, consultation with staff, third parties or other professionals is undertaken during the development process

b) Guidelines for implementing policies and procedures are developed and articulated to all relevant staff and are made available in an appropriate format

c) Policies and procedures are checked and monitored for compliance with legislative, regulatory and statutory requirements

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ELEMENT PERFORMANCE CRITERIA

3. Monitor and evaluate work environment and implement quality improvement

a) Performance of the practice is continuously monitored and evaluated against goals, policies, procedures and budget

b) OHS arrangements are monitored to ensure compliance with legislative, regulatory and practice requirements

c) Identify, evaluate and implement policies and procedures to ensure quality improvements to the practice’s service, compliance and financial performance

d) Policies and procedures are continuously monitored and evaluated to ensure compliance with legislative, regulatory and statutory requirements and with the practice’s goals and targets

e) Facilities and equipment are managed and maintained in accordance with statutory, the practice’s and OHS requirements

f) Levels of stock and consumables are monitored and managed to ensure supply within budget

g) Acquisitions and disposals of equipment and facilities are reconciled against the budget and monitored for budgetary performance

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Practice activities Practice activities include:

• client service

• business planning and marketing

• records management

• human resource management

• financial management

• professional development

• quality improvement

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Equipment and facilities Equipment and facilities may include but are not limited to:

• communication and telecommunications equipment

• financial systems

• records systems, including general records of account

• mailing systems

• plant and infrastructure

• office technology and other equipment

Systems Systems may be manual or computerised.

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• demonstrated understanding and knowledge of the practice goals, policies and procedures

• OHS legislation and guidelines

• relevant legislation, regulations and guidelines, including industrial relations, OH&S, EEO and anti-discrimination

• relevant equipment and facilities (including acquisition and disposal)

• business environment and law

• resource management

• change management principles and strategies

• financial concepts

• quality improvement principles and practices

• demonstration of high level communication, interpersonal and negotiation skills

Interdependent assessment of units:

This unit may be assessed independently

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

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EVIDENCE GUIDE

Underpinning knowledge includes:

• relevant legislation and regulations, including OHS, EEO, anti-discrimination, copyright, work cover, confidentiality

• practice goals, policies, procedures and activities

• stock control methods and practices

• office equipment, technology and systems

• workplace ergonomics

• procedures, practices and services of government agencies and local authorities

• insurance

• public / legal liability

Underpinning skills include:

• ability to evaluate and prioritise

• critical analysis and deductive reasoning

• monitoring and evaluating business goals/objectives and practices

• planning and organising work

• sound interpersonal, negotiation and communication

• record keeping and report writing

• research and information gathering, analysis and evaluation

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of activities, policies and procedures.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas and

information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 2

FNBCNV09A Control practice budget Stream: Conveyancing

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Functional Area: Core (Manage Quality Financial/Business Practices)

National Code: FNBCNV09A

Unit Description: This unit describes the function associated with researching, defining, developing and implementing a budget for a new or existing conveyancing practice.

ELEMENT PERFORMANCE CRITERIA

1. Develop and/or implement a budget for the practice

a) All relevant information to ensure the planning and/or establishment of the budget is obtained and evaluated

b) Determine if external advice and/or assistance is required and initiate steps to source such advice and/or assistance

c) Budgetary performance indicators are identified and documented

d) Systems to implement and monitor the quality of the budget are developed, implemented and articulated to staff or other parties where relevant

e) The budget is planned and documented to ensure compliance with legislative, regulatory and practice requirements

f) Cash flow is managed in accordance with the financial plan for the practice

2. Monitor and control the practice budget

a) Records related to expenditure and services are continuously checked and monitored to ensure they are complete, accurate and conform with practice requirements

b) Budgets are monitored and reviewed to ensure expenditure is within target

c) Variances from targets are analysed to identify causes of over/under-spending

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ELEMENT PERFORMANCE CRITERIA

3. Implement measures to improve financial performance

a) Budgets are modified in accordance with identified needs or targets

b) Performance is regularly evaluated against indicators

c) Staff are given budgetary information which allows them to make suggestions regarding cost reduction

d) Proposals for cost reduction are encouraged and evaluated

e) Improvements to cost centre performance are identified, evaluated and implemented

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Budget The budget may be planned and evaluated by the practice manager alone or in consultation with staff and external advisors.

External advice and/or assistance

External advice and/or assistance may include:

• financial advisers or consultants

• accountants or auditors

• finance brokers/providers

• Insurance brokers/providers

• Loss Adjusters/Assessors

Relevant parties Relevant parties may include:

• financial advisers or consultants

• accountants or auditors

• finance brokers/providers

• Insurance brokers/providers

• Loss Adjusters/Assessors

• statutory or regulatory authorities

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Monitoring Monitoring may include manual or computerised systems or processes and may include:

• risk management

• administrative

• supervisory and management

• financial and/or information management systems

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• ensuring compliance with relevant legislation, regulations, current Accounting standards and practices

• ability to research, acquire and use information appropriate to work responsibility

• decision making within responsibility and authority in diverse and complex contexts

• monitoring/improving ways to control financial performance

• explaining/imparting basic financial concepts to others

• preparing financial information within standard formats

• using resources within budget constraints

• explaining methods to gain efficiencies in resource use

• identifying and implementing ways to improve financial performance

• using effective consultative processes

• communicating and negotiating with colleagues and/or other parties who have specialist responsibilities in financial and resource management

• preparing and negotiating recommendations to improve financial performance

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• accounting principles, practices and procedures

• relevant state and federal taxation

• relevant legislation, regulations and guidelines, including trust accounts

• financial budgeting and forecasting

• general economic context and financial movements

• practice policy, procedures and guidelines

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EVIDENCE GUIDE

Underpinning skills include:

• current accounting principles and practice

• basic accounting and bookkeeping

• performing relevant mathematical calculations

• research, gathering, collating, organising and maintaining information

• critical analysis, evaluation and deductive reasoning

• communications and negotiation

• planning and organising work

• recording and report writing

• informing, advising or imparting knowledge to others

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of workplace situations and conditions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 3 3 2

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BSXFMI501A Manage personal work priorities and professional development

Stream: Frontline Management

Functional Area: Core

National Code: BSXFMI501A

Unit Description: Conveyancers are responsible for managing their own performance and taking responsibility for their professional development within the context of the practice. This is a customised version of the Frontline Management unit and this version is not available on the NTIS which will only reflect the original version.

ELEMENT PERFORMANCE CRITERIA

1. Manage self a) Personal qualities and performance serve as a role model in the workplace

b) Personal goals, plans, roles, responsibilities and accountabilities reflect those of the practice

c) Action is taken to achieve and extend personal goals beyond those planned

d) Consistent personal performance is maintained in varying work conditions and work contexts

2. Set and meet own work priorities

a) Competing demands are prioritised to achieve personal, team and the practice’s goals and objectives

b) Technology is used efficiently and effectively to manage work priorities and commitments

3. Provide for own professional development

a) Personal knowledge and skills are assessed against relevant competency standards to determine development needs and priorities

b) Feedback from clients and colleagues is used to identify and develop ways to improve competence

c) Management development opportunities suitable to personal learning style(s) are selected and used to develop competence

d) Participation in professional networks and associations enhances personal knowledge, skills and relationships

e) New skills are identified and developed to achieve and maintain a competitive edge

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Range Indicators At AQF Diploma level, Conveyancers will normally be engaged in a workplace context in which they:

• are autonomous, working under broad guidance • may supervise others • may guide teams • may have responsibility for planning and managing the work of

others • will be involved in self-directed application of knowledge • have substantial depth of knowledge in some areas and a

range of skills for work tasks, roles and functions • operate in varied or highly specific contexts • use competencies independently for routine and non-routine

purposes • use judgement for self and others in planning and using

resources, services and processes to achieve outcomes within time constraints

Conveyancers at this level will normally operate in diverse and complex workplace environments in which they use the organisations:

• goals, objectives, plans, systems and processes • business and performance plans • ethical standards • quality and continuous improvement processes and standards • resources which may be subject to negotiation

Conveyancers use legislation, regulations, codes and national standards relevant to the workplace A range of learning opportunities may be used, for example:

• mentoring • coaching • exchange/rotation • action learning • shadowing • structured training programs

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• manages in diverse, and complex work environments and contexts

• researches, acquires and uses information appropriate to work responsibility

• manages competing priorities to achieve personal and organisational goals and results

• makes decision within responsibility and authority

• develops a clear set of work goals

• monitors/introduces practices to improve own performance

• develops competencies which enable increased participation in the planning and development of the organisation

• assesses own performance

• encourages suggestions from others concerning change/improvements

• plans learning activities and negotiates priorities

• seeks feedback and acts on constructive advice

• integrates culturally diverse viewpoints into own values system

• develops constructive responses when confronted with problems

• selects and uses available learning methods to maintain current competence

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• relevant legislation and regulations

• theories concerning perception and values and their relationship to communication and behaviour

• professional/practice standards

• goals, objectives, policies and procedures of the practice

• management strategies and principles

• professional associations/networks

• planning and programming methods

• relevant professional development activities

• motivation theory

• ethics

• equity

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EVIDENCE GUIDE

Underpinning skills include:

• operating effectively in varying work contexts and environments

• displaying consistency between what is said and related actions

• conflict resolution

• problem solving

• personal and professional integrity in business relationships

• risk management

• setting goals to achieve personal/business targets

• planning and organising work to meet business goals/objectives

• developing and maintaining business networks

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV19A - MANAGE EFFICIENT FINANCIAL SYSTEMS

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FNBCNV19A Manage efficient financial systems Stream: Conveyancing

Functional Area: Core

National Code: FNBCNV19A

Unit Description: This unit covers strategic management of finances in a Conveyancing practice. It includes systems design to accommodate accounting, budgeting, cash flow analysis and financial planning. It is not concerned with day to day bookkeeping or clerical administration of financial records. Performance outcomes in this area are directly linked to practice performance as defined in the practice’s strategic plan.

ELEMENT PERFORMANCE CRITERIA

1. Establish system requirements

a) Requirements for efficient financial administration are able to be determined from consultation with relevant stakeholders and an analysis of existing financial plans

b) Reporting and procedural requirements impacting on the practice’s activities have been identified and recorded for future reference

c) Internal financial audit controls included in the system specification provide a satisfactory security mechanism

d) Risks to the security of financial records have been identified and contingency strategies to manage risk identified and costed

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ELEMENT PERFORMANCE CRITERIA

2. Design financial management systems

a) Sources of competent assistance and advice are able to be accessed and used to secure financial records and assets

b) Financial management system design ensures accurate and timely provision of information about the practice’s transactions, working capital and cash flow

c) Equipment and software needed for the operation of the system are identified, acquired and installed to support the practice transactions

d) Financial reporting requirements are known and used by relevant personnel

e) Established financial reports ensure accurate and timely provision of data required for financial decision making

f) Agreed schedules of account recording and reconciliation systems are produced at regular intervals and support the practice’s service provision and business decisions

g) Mechanisms for the review of terms of trade and fee structures are suited to the practice’s needs and meet industry standards

h) Financial reports prepared at regular intervals in the required format meet external audit requirements

3. Prepare and review financial plans

a) Practice and trust account operations regularly reviewed provide true, accurate and separate records of practice and business transactions

b) Practice financial plans linked to reviews of the practice strategic business plan enable timely financial adjustments to be made

c) Planning and implementation of financial management activities enable probity to be maintained

d) Financial plans provide a reasonable basis for budgeting and ongoing financial management of the practice

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ELEMENT PERFORMANCE CRITERIA

4. Monitor and review financial reporting systems

a) Financial reporting systems evaluated through an assessment of practice performance against agreed performance indicators enable timely adjustments to be made to practice business investments

b) Financial reports and systems are able to be used by authorised staff to manage practice finances

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Financial systems Financial systems may be either manual (paper based/other) or computerised (multi media) and must be capable of at least providing timely, accurate and easily understood information. Software may be industry specific or proprietary in nature

Financial system performance

Financial systems performance must take into account the following factors:

• administrative systems

• ethical requirements

• compliance with relevant statutory and regulatory requirements

• bookkeeping

• Australian Standards Association Code of Practice and Accounting Standards

• Industry codes of practice

• office routines

• security requirements

Performance indicators Performance indicators may include consideration of the timeliness/accuracy of financial reports and the productivity improvements resulting from using the system(s)

Bookkeeping systems Bookkeeping systems may be cash based, accrual or current opportunity cost accounting and must meet Australian Standards for bookkeeping

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RANGE STATEMENT

Business plans Business plans may include consideration of written or verbal practice business and marketing plans

Commercial environment Commercial environment may include consideration of available finance, returns on investments; government policy and taxation and the effects of interest rates on financial asset management

Size and type of business

Size and type of business may include sole practitioners, partnerships, franchise operations as well as other institutions or agencies involved in the provision of Conveyancing services

Reporting and procedural requirements

Reporting and procedural requirements may include consideration of legislation and codes of practice relating to financial record keeping, including trust accounting, taxation and auditing

Risk management Risk management may include need for insurance, including:

• public liability

• personal indemnity

• personal accident

• sickness

• assets

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• risk assessment, evaluation and management

• financial reporting

• compliance with relevant statutory, regulatory, professional and practice requirements

• financial management and planning

• critical analysis, research and evaluation

• costing and budgeting

• accounting and bookkeeping principles and practices

Interdependent assessment of units:

This unit may be assessed independently

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EVIDENCE GUIDE

Underpinning knowledge includes:

• auditing and reporting requirements

• legislation and regulations relating to:

− finance

− taxation

− trust accounts

− trades practice

− security requirements

− ethical requirements

− accounting and bookkeeping for financial control

• financial systems design

• administrative/office routines and practices

• cost/benefit analysis

• reporting and auditing requirements for small business

• computer and manual systems, technology and software

• application of above systems/technology/software to management of Conveyancing functions or a Conveyancing practice

• occupational health and safety requirements for the use of screen-based equipment

• basic accounting and bookkeeping principles and practice

• quality principles and practice

• ethical concerns relating to the management of third party monies

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EVIDENCE GUIDE

Underpinning skills include:

• application of financial management techniques

• application of accounting and bookkeeping principles

• performing relevant mathematical calculations

• budgeting and costing

• research and analysis of current and relevant issues

• preparing financial and other reports

• problem solving

• decision making

• planning and organising work

• training and mentoring others

• operating relevant software packages

• performing tasks in a range of relevant computer applications

• communicating in a range of business environments with diverse people

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

2 3 3 2 3 3 3

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FNBCNV10A - MANAGE THE RECRUITMENT, SELECTION AND INDUCTION OF STAFF

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FNBCNV10A Manage the recruitment, selection and induction of staff

Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV10A

Unit Description: This unit describes the function associated with recruiting, selecting and inducting suitable staff into the conveyancing profession.

ELEMENT PERFORMANCE CRITERIA

1. Recruit suitable candidates for a specified position

a) The need for a definition of the position is established prior to beginning the recruitment procedure

b) Job descriptions are developed which contain task description, personnel specifications and key selection criteria

c) Recruitment strategies are identified which are appropriate to the position and commercial practice environment

d) Job descriptions and recruitment strategy comply with legislative requirements specified in the human resource plan

e) Recruitment strategy selected is timely

2. Select the most suitable candidate

a) Selection procedures and techniques are identified which are suitable to the position and commercial environment

b) Selection procedure chosen complies with legislative/practice requirements

c) Applications are screened against the key selection criteria

d) Selection interviews are organised effectively and in compliance with legislative requirements

e) Information about candidates is verified where necessary

f) Terms and conditions of employment are communicated to and acknowledged by candidates

g) The most suitable candidate for the position is recommended

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ELEMENT PERFORMANCE CRITERIA

3. Design and implement a suitable induction

a) The needs of the new employee and the organisation are identified

b) A program is developed which incorporates the need of the new employee and the organisation

c) The induction is conducted effectively and appropriately

d) The effectiveness of the induction is reviewed in conjunction with the employee

e) Procedures manual is prepared/updated and made available in a form accessible to all staff

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Legislative/practice requirements

Legislative/practice requirements include, but are not limited to:

• relevant industrial awards

• EEO and anti-discrimination legislation and regulations

• equal employment opportunity

• agency policy and recruitment practices

• personnel management systems

Variables affecting performance

Variables which may affect performance include:

• prevailing organisational climate

• industrial relations relevant to the practice environment and the current legislative, and statutory requirements

• geographical location of practice

• proximity of labour markets

• labour market programs

• budget allocation to recruitment within parameters established by the practice strategic plan

• communication channels may be either formal or informal, depending on the prevailing organisational climate and management practices

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• ability to identify and evaluate the most suitable candidate

• describe the tasks to be performed accurately and clearly

• describe the job role

• treats people openly, honestly and fairly

• communicates clearly and concisely

• operates within legislative, regulatory and professional constraints at all times

• collects, collates and disseminates information in a timely fashion

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• relevant legislation and regulations, including –

− equal employment opportunity and anti-discrimination

− Occupational Health and Safety

− employment

− industrial relations

− affirmative action

• relevant awards

• affirmative action

• current professional practices relating to employment

• termination procedures

• job roles/tasks in the conveyancing profession

• job description scripting, formats, media and advertising

• career path opportunities

• different selection processes and techniques

• reference checking procedures

• interview techniques and procedures

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EVIDENCE GUIDE

Underpinning skills include:

• problem solving

• communicating in a range of business environments with diverse people

• supervision and management

• mediation and negotiation in a range of situations

• planning for the provision of skills to meet business goals and objectives

• analysis and research of job roles, recruitment and selection strategies

• counselling

• arbitration

• report and letter writing

• decision making

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV11A - MANAGE STAFF EMPLOYMENT

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FNBCNV11A Manage staff employment Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV11A

Unit Description: This unit describes the drawing up and execution of employment contracts for staff employed in conveyancing practices.

ELEMENT PERFORMANCE CRITERIA

1. Draw up employment contracts

a) Contract complies with all relevant legislative/practice requirements including compliance with industrial awards

b) Contract states clearly, accurately and completely relevant terms and conditions of employment

c) Terms and conditions negotiated with and agreed to by employee

d) Contract is signed correctly by all appropriate parties

2. Execute employment contracts

a) All terms and conditions stated in the contract are met by the appropriate parties in a timely fashion

b) Contracts are reviewed regularly against staff performance and practice goals

c) Changes to contracts are negotiated with and agreed to by all relevant parties

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

This unit of competency may not apply to all practices.

Legislative and practice policy/procedure

Legislative and practice policy/procedure requirements include, but are not limited to:

• state and federal industrial relations legislation

• industrial awards

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RANGE STATEMENT

• EEO, anti-discrimination and affirmative action

• occupational health and safety

• practice strategy plan

• human resources plan

Terms and conditions Terms and conditions in contracts may include, but are not limited to:

• hours of work

• holiday allowances

• sick leave

• long service leave

• workers' compensation

• superannuation

• salary

• performance requirements

• tasks description

• allowances eg., travel, telephone

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• counselling staff constructively

• compliance with legislation and regulations

• ensuring contracts are clear and complete

• executing contracts correctly

• reviewing performance on a regular basis

Interdependent assessment of units:

This unit may be assessed independently

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EVIDENCE GUIDE

Underpinning knowledge includes:

• relevant legislation and regulations, including –

− equal employment opportunity and anti-discrimination

− Occupational Health and Safety

− employment

− industrial relations

• affirmative action

• current professional practices relating to employment

• termination procedures

• relevant awards

Underpinning skills include:

• counselling

• communication in a range of business environments with diverse people

• problem solving

• supervision and management

• mediation in a range of situations

• planning for the provision of skills to meet business goals and objectives

• providing leadership to others

• analysis and research of issues relevant to employment

• arbitration

• decision making

• planning and organising work

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

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EVIDENCE GUIDE

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV12A - PROVIDE LEADERSHIP AND MOTIVATION TO ALL STAFF

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FNBCNV12A Provide leadership and motivation to all staff Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV12A

Unit Description: This unit describes the function associated with leading a staff team to achieve work tasks and goals.

ELEMENT PERFORMANCE CRITERIA

1. Motivate staff to achieve business targets

a) The linkage of expectations, roles and responsibilities to business targets is communicated to and understood by all staff

b) Individuals are encouraged and supported in taking responsibility for their work

c) Individuals efforts and contributions are encouraged, valued and rewarded

d) Feedback, ideas and information on performance improvement is encouraged and received

e) Conduct regular staff appraisals

2. Provide direction to staff in all aspects of their work

a) Instructions and directions given to staff are in line with performance requirements and identified needs

b) Communication is clear, unambiguous and concise

c) Feedback is sought from/given to staff regarding performance

3. Make informed decisions

a) Information relevant to the issue(s) under consideration is gathered and organised

b) Staff participate actively in the decision making processes

c) Options are examined and their associated risks assessed to determine preferred course(s) of action

d) Decisions are timely and communicated clearly to staff

e) Plans to implement decisions are prepared and agreed by relevant staff

f) Feedback processes are used effectively to monitor the implementation and impact of decisions

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Variables Variables which may affect performance include, but are not limited to:

• level of responsibility at which work is being performed

• type of tasks being managed

• enterprise practices

• practice culture

• resources available

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• managing effectively in diverse work environments and contexts to achieve goals and results

• achieving planned results

• researching, acquiring and using information appropriate to work responsibility

• making decisions within responsibility and authority

• explaining the organisation's goals, values and objectives

• negotiating, establishing and monitoring Key Performance Indicators for individuals/teams

• monitoring/introducing practices to improve performance

• utilising modern management techniques in work performance

• contributing to the organisation's standards and values

• encouraging suggestions from staff regarding improvements

• effective consultative processes

• communicating routine and non-routine information clearly to senior managers, peers and subordinates

• promoting available learning methods to support colleagues' competence

• using IT and information management systems

• selecting and using available technology appropriate to the task

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EVIDENCE GUIDE

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• theories of motivation

• theories of leadership

• goal-setting processes

• decision-making processes

• practice standards, values, goals and objectives

• management techniques and processes

• team and group roles and processes

• organisational behaviour

• culture

• delegation

• change management principles and practices

Underpinning skills include:

• giving instructions

• clear and concise communication with senior managers, peers and subordinates

• displaying personal and professional integrity in business relationships

• facilitating groups

• problem solving

• presenting information clearly to others

• stress management strategies and techniques

• research, analysis and collation

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

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EVIDENCE GUIDE

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV13A - MANAGE STAFF PERFORMANCE TO ACHIEVE STRATEGIC TARGETS

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FNBCNV13A Manage staff performance to achieve strategic targets

Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV13A

Unit Description: This unit describes the function associated with managing the work of others to bring about an improvement in individual and business performance.

ELEMENT PERFORMANCE CRITERIA

1. Establish role and performance requirements for each staff member

a) Roles and performance requirements are established in accordance with the practice goals and objectives

b) Roles and performance requirements are negotiated and agreed upon by staff members

c) Performance monitoring procedures are agreed upon and established

2. Evaluate staff members against performance requirements

a) Regular performance appraisals are conducted

b) Performance is measured against agreed requirements and in accordance with agreed monitoring procedures

c) Opportunities for performance improvement are identified

3. Counsel staff to improve performance

a) Situations are recognised where counselling is appropriate

b) Personnel are provided with frank and open feedback

c) Practice processes/procedures for counselling are followed where applicable

d) Guidance is constructive and supportive and meets individual and practice needs

e) Personnel are given appropriate opportunities to work towards career and salary improvement

f) Encourage continuous education and professional development

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ELEMENT PERFORMANCE CRITERIA

4. Implement strategies to improve performance

a) Strategies to improve performance are identified

b) Strategies are selected against needs and in line with practice goals and objectives

c) Mentoring and coaching are used to support staff

d) Staff are encouraged to support measures to improve performance

e) Staff are encouraged to be involved with planning business strategies and decision making

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Variables Variables which may affect performance include, but are not limited to:

• types of transaction undertaken by the practice

• experience of staff

• business targets

• industry/practice guidelines

• type of clients

• practice policies relating to access and equity

• practice culture

Performance Performance may also be affected by the following factors:

• employment legislation

• industry specific legislation

• approved codes of practice

• Trade Union agreements

• individual employment contracts and conditions

• organisational policies, plans and procedures

• OH & S legislation

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• monitors work loads to optimise the achievement of tasks/goals

• allocates clients to staff members according to their expertise and workloads

• identifies performance requirements in line with strategic objectives

• treats people openly, honestly and fairly

• provides constructive feedback

• assists staff build their skills base

• implements performance improvement strategies which achieve goals

• manages workplace relationships effectively

• handles conflict before it impedes the achievement of goals/tasks

• uses effective consultative processes

• gives honest, open and constructive feedback to staff

• encourages staff to openly propose, discuss and resolve issue

• recognises, rewards and supports staff achievement

• complies with practice/legislative procedures and requirements for counselling staff

• promotes available learning methods to support staff

Interdependent assessment of units:

This unit may be assessed independently

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EVIDENCE GUIDE

Underpinning knowledge includes:

• employment legislation

• codes of practice

• performance monitoring and improvement processes and techniques

• establishing performance criteria

• mentoring and coaching techniques

• theories of motivation

• standards and values of the practice

• team-building

• access and equity legislation and policies

• planning and programming methods

• goal theory and concepts

• organisational behaviour

• culture and cultural change

• factors affecting staff morale

Underpinning skills include:

• ability to communicate clearly and concisely with a variety of receivers

• working with others to solve problems

• establishing and maintaining effective relationships with a range of people

• supervision

• mediation

• planning training and development relevant to business goals/objectives

• providing leadership to others

• analysis and research of relevant issues

• counselling

• arbitration in a range of situations

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

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EVIDENCE GUIDE

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV14A - MANAGE STAFF TRAINING

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FNBCNV14A Manage staff training Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV14A

Unit Description: This unit describes the function associated with identifying training needs for staff, planning and implementing training that develops individuals within the practice and improves business performance.

ELEMENT PERFORMANCE CRITERIA

1. Identify training needs for each staff member

a) Skills requirements for the practice are identified and established

b) Existing staff skills are assessed and evaluated against requirements

c) Identify relevant national industry competency standards

d) Training needs are identified and recorded

e) A management system for documenting training within the practice is implemented

2. Design and implement an on-going staff development program

a) Appropriate and accessible training activities are identified and selected to meet staff and practice needs

b) The trainee is assessed against identified competencies and/or needs

c) Training records are maintained

d) Training is promoted as an element of improving performance of the practice in the competitive market

e) The effectiveness of training is evaluated

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

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Variables Variables which may effect performance include, but are not limited to:

• prevailing organisational and commercial climate

• Industrial relations relevant to the practice environment and the current legislative and statutory requirements

• geographical location of practice

• proximity of labour markets

• labour market programs

• access to structured industry training support networks and training institutions

• budget allocation to recruitment, administration and work related training within parameters established by the practice strategic plan

EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• high level interpersonal skills in on-job training

• planning and selecting training that meets the needs of the practice and the individual

• application of the principles of adult learning to workplace training

• planning for on-going training

• keeping staff informed of all aspects of change

• support and encouraging learning by others

• promoting the achievement of competence by others

• promoting collaborative processes in developing a learning environment

• creating opportunities to recognise others' successes

• providing/arranging support for those who have learning difficulties

Interdependent assessment of units:

This unit may be assessed independently

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EVIDENCE GUIDE

Underpinning knowledge includes:

• principles of adult learning

• strategies for disseminating information

• relevant industry competencies

• strategies for workplace training

• relevant external training/development specialists

• skills audits

• training needs analysis

• training evaluation processes

• assessment methods

• evaluation methods

Underpinning skills include:

• provide appropriate training for a range of learners

• communicate supportively with a range of receivers

• provide constructive feedback

• problem solving

• mediation and arbitration in a range of situations

• planning training to meet business goals/objectives

• providing leadership to others

• analysis and research of current and relevant issues

• counselling others

• planning and organising work

• presenting information clearly and concisely

• recording information in accordance with procedures

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

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EVIDENCE GUIDE

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV15A Prepare practice strategic plans Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV15A

Unit Description: This unit describes the function associated with researching, defining and developing a strategic plan for a conveyancing practice.

ELEMENT PERFORMANCE CRITERIA

1. Research and analyse business environment relevant to practice

a) Sources of information concerning the business environment are identified

b) Information relevant to practice operations is evaluated

c) Salient features of the business environment are identified and evaluated

d) Business opportunities are identified, confirmed and evaluated

2. Establish demand for practice services within current business environment

a) Market profile is developed

b) Demand for practice services and potential client profile is established

c) Practice viability is assessed

d) Legal structure of the practice complies with regulatory and statutory requirements for the type of practice

3. Define business goals and objectives

a) A strategy for maximising opportunities for market penetration is formulated

b) The range of services to be provided is selected

c) Alternative mechanisms for practice promotion are considered

d) Goals and objectives are identified, articulated and prioritised

e) Goals are measurable, achievable, relevant and time-referenced

f) Goals and objectives are disseminated to and agreed upon with staff

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ELEMENT PERFORMANCE CRITERIA

4. Document business strategy plan

a) Goals and objectives are assessed against available opportunities

b) Strategic directions for the business are established

c) Ongoing business viability is projected

d) The net impact on the asset value of the practice is established and procedures for monitoring it implemented

e) Process for regularly reviewing the strategic plan is articulated and implemented

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Legal structure The legal structure under which the practice operates may include, but is not limited to the following:

• partnership

• registered business

• body corporate

Occupational categories Occupational categories likely to be affected include:

• principal

• partners

• conveyancing staff and support staff

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RANGE STATEMENT

Legal and statutory requirements

Legal and statutory requirements may include but are not limited to:

• licensing law

• corporations law

• taxation law

• trade practices law

• commercial and common law

• employment

• regulation of conveyancers

Relevant parties Relevant parties means those parties having a financial interest and may include, but are not limited to:

• co-owners, partners, directors, family

• staff and others to whom a duty of care is owed

• financial institutions

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RANGE STATEMENT

Variables Variables which will affect the application of the field include:

• available information/evidence which is both qualitative and quantitative

• complex business environment requiring a working knowledge and understanding of broad socio-economic and political trends impacting on the activities of the practice

• the maturity of the practice and practice profile

• the legal structure of and constraints operating upon the practice

• the application of a working knowledge of research methodologies, both qualitative and quantitative

• understanding of the long term implications of decisions made

• working knowledge of the administrative, financial/accounting systems and business law, including the predominant models and theories underpinning these models

• practical knowledge of sources of information available to the industry, including:

− industry associations

− government agencies

− educational institutions

• the relative geographic position and the nature of the market in which the practice structure operates

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• managing work effectively to achieve goals and results

• researching, acquiring and using information appropriate to responsibility

• making decisions within responsibility and authority in diverse and complex workplace

• participating in/leading development of organisational processes which effect operational performance

• identifying and organising resources in line with tasks/goals

• measuring client satisfaction and applies results to strategy development

• performing market research and analysis relevant to the practice

• ensuring that plans comply with legislative requirements

• using effective consultative processes

• seeking feedback and acts on constructive advice

• encouraging suggestions and incorporates changes that bring about improved business performance

• developing and maintaining effective communication with customers

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• relevant Acts:

• Trade Practices

• Fair Trading

• economic and financial context

• legislative context

• industry best practice / benchmark context

• quality assurance processes

• proposed industry / legislative changes

• market concepts

• market size, share, movement and mix

• market research concepts and methods

• pricing and distribution

• competition and promotion

• goal setting concepts and methods

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EVIDENCE GUIDE

Underpinning skills include:

• problem solving

• analysis and research of relevant and current issues

• performing relevant market research

• planning for achievement of strategic targets

• managing tasks of others to achieve business objectives/goals

• selecting and operate technology to contribute to the achievement of strategic goals

• organising and prioritising the work of self and others

• setting goals

• writing clear documents

• communicating in a range of business environments with diverse people

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

FNBCNV16A Implement operational plans to achieve strategic targets

Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV16A

Unit Description: This unit describes the function associated with developing and implementing operational plans for all areas of the

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practice; monitoring and reviewing their effectiveness and managing risks that may impact on operations.

ELEMENT PERFORMANCE CRITERIA

1. Establish operational plans for the practice

a) Action plans which relate to the strategic plan for achieving business goals are drawn up

b) An appropriate operational strategy and structure for service delivery is established

c) Services to be delivered are selected to identify competitive advantage targets set

d) Implementation plans and alternatives are identified and documented

2. Monitor and review operational effectiveness

a) Measurable performance indicators are established for all operational areas

b) Business performance reporting systems are established

c) Business performance is evaluated against performance indicators

d) Service provision is monitored and evaluated against performance

e) Improvements to performance are identified and implemented

f) Corporate image is reviewed and adjusted in light of market response

3. Implement risk management strategies

a) Potential risks related to business operations are identified and evaluated

b) Outcomes of alternative strategies to manage risk are assessed

c) Strategies to control the impact of risks are implemented

d) Incident reports are implemented to correct mistakes when they occur

RANGE STATEMENT

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Operational plans Operational plans include:

• financial plans and budgets

• human resource management

• client service

• business marketing

• equipment and facility

Legislative and other factors

Legislative and other factors affecting the application of this field in each of the streams includes consideration of:

• occupational health and safety

• public liability

• professional indemnity

• quality assurance

• product liability

• property ownership including intellectual property

Physical resources Physical resources required to achieve the competencies include:

• office systems (manual and computerised)

• telecommunications equipment

• appropriate office space

Risks Risks may derive from internal or external sources.

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• managing work effectively to achieve goals and results

• research, acquire and use information appropriate to responsibility

• making decisions within responsibility and authority in a diverse and complex workplace

• participation effectively in wider organisational processes which have an effect on operational performance

• organise and use resources to achieve business plans

• eliminate/minimise resource inefficiencies and waste

• create products/services which are safe for customer use

• develop alternative and innovative approaches to improve resource use

• monitor/introduce ways to improve products/services

• manage products/services within budgetary constraints

• develop and maintain effective communication with customers

• seek customer feedback and acts on constructive advice

• ensure that legislative requirements are met in work operations, marketing

• prepare and negotiates recommendations to change operations

• use effective consultative advice

• uses information management systems

• select and uses available technology appropriate to the task

• record/report information within established systems

Interdependent assessment of units:

This unit may be assessed independently

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

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EVIDENCE GUIDE

Underpinning knowledge includes:

• financial management

• legislative framework for the industry

• human resource development

• customer relations

• industry best practice

• practice strategic targets

• risk management concepts and methods

• market and market research concepts and methods

Underpinning skills include:

• self management

• adapting to and to accommodate change

• negotiating to achieve outcome in line with business goals and objectives

• effective communication in a wide range of contexts and with diverse people

• research and analysis of current and relevant issues

• evaluating processes and outcomes

• writing clear documents

• planning and organising work

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV17A Manage the flow of information in the practice Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV17A

Unit Description: This unit describes the function associated with selecting and implementing information management systems that meet the practice needs and evaluating and improving the effectiveness of those systems.

ELEMENT PERFORMANCE CRITERIA

1. Establish information management needs

a) Specific data/information and communication requirements are identified

b) Statutory and commercial practice constraints on information management and communication are identified

2. Select appropriate information management systems

a) Appropriate information management systems are identified and assessed against practice needs

b) Systems are selected within budget

c) Systems are selected which allow ready input/retrieval of data and communication systems which ensure rapid, easy and timely communication within the practice and with external clients

3. Implement selected information management and communication systems

a) Systems are implemented in accordance with practice needs

b) Implementation is appropriate to practice culture

c) Statutory and practice systems are maintained accurately, within the required timeframe and according to practice procedures/statutory requirements

d) The security of practice information protects client/practice interests

4. Evaluate the effectiveness of information management and communication systems

a) Performance measures for systems are identified

b) Systems performance is assessed against identified measures

c) Performance improvements are identified which comply with practice goals

d) Changes bring about improved performance

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RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

Systems Systems include, but are not limited to:

• client files

• practice databases

• statutory databases

• financial records

• human resources data

• communications technology and systems

Data collection Data collection may include but is not limited to the following:

• filing systems

• registers

• professional diaries

• meetings bookings

• records of meetings

Systems Systems used may be either manual or computerised.

Statutory requirements Statutory requirements relate to, but are not limited to:

• commercial practice

• consumer protection and privacy

• public liability/insurance and other forms of risk management

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• manages work effectively to achieve goals and results

• researches, acquires and uses information appropriate to work responsibility

• makes decisions within responsibility and authority in a diverse and complex workplace

• monitors/improves ways to manage information

• explains basic financial concepts in business plans/budgets

• prepares financial information within standard format

• prepares resource proposals within budget constraints

• explains methods to gain efficiencies in resource management

• prepares and negotiates recommendations to improve the organisation's information systems

• ensures that legislative requirements are met in resource plans

• promotes available learning methods to support colleagues

• uses effective consultative processes

• communicates with colleagues who have specialist responsibilities in financial and resource management

• prepares and negotiates recommendations to improve information systems

• uses information management systems

• selects and uses available technology appropriate to the task

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• practice and professional environment and culture

• information management procedures

• information management and communication systems and techniques

• relevant legislation and regulations

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EVIDENCE GUIDE

Underpinning skills include:

• communication in a range of business contexts with diverse people

• planning and organising work for self and others

• evaluation of processes and outcomes

• setting performance criteria

• anticipating, implementing, accommodate change

• research and analysis of current and relevant issues

• decision making

• problem solving

• using appropriate technology

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2

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FNBCNV18A Implement client service strategy Stream: Conveyancing

Functional Area: Elective

National Code: FNBCNV18A

Unit Description: This unit describes the function associated with implementing a client service strategy in a conveyancing practice

ELEMENT PERFORMANCE CRITERIA

1. Develop practice client service strategy

a) Strategies for developing and maintaining client loyalty are investigated

b) Strategies for providing high quality client service are identified

c) Customer perceptions of practice services are assessed

d) Client services are established which enhance the client perception of the business

2. Implement and monitor practice client service strategy

a) Client service strategies are developed which are integrated into practice service strategies

b) Performance is monitored against articulated indicators

c) Strategies meet real and perceived client needs

3. Evaluate practice client service strategy

a) Effectiveness of client service strategy is assessed

b) Improvements are identified and implemented

RANGE STATEMENT

The range of transactions that can be handled by conveyancers vary across States and Territories and are limited by their laws, regulations and procedures. The application of this unit of competency must comply with the legislative requirements of the jurisdiction in which the conveyancer practices. The Range of Variables is not exhaustive and may include other variables specific to particular jurisdictions and/or individual organisations or workplaces.

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EVIDENCE GUIDE

Critical aspects of evidence include but are not limited to:

• planning and managing work effectively to achieve goals and results

• managing products/services within budget constraints

• making decisions within responsibility and authority

• research, acquisition and use of information appropriate to work responsibility

• monitoring/introducing ways to improve products/services

• using effective consultative processes

• ensuring compliance with legislation, regulations and practice policies in providing customer service

• utilising appropriate information management and IT systems

Interdependent assessment of units:

This unit may be assessed independently

Underpinning knowledge includes:

• workplace ergonomics

• relevant legislation and regulations

• local authority procedures

• local services eg., emergency

• insurance requirements

• public / legal liability

Underpinning skills include:

• evaluating processes and outcomes

• communicating in a range of business environments with diverse people

Resource implications:

This unit may involve simulation equipment such as office or computer equipment; facilities for workplace or simulated environment assessment may be required.

Consistency in performance:

Competency is demonstrated by performance of all stated criteria, including the Range of Variables applicable to the particular workplace environment and should cover a representative range of client enquiries, instructions and transactions.

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EVIDENCE GUIDE

Key competencies:

Assessment of performance requirements in this unit should be undertaken within the Financial Services industry context. Aspects of competency, including attainment of relevant knowledge and skills may be assessed in a simulated work environment or other appropriate means.

Commun-icating ideas

and information

Collecting, analysing and

organising information

Planning and organising activities

Working with others in a

team

Using mathe-matical ideas

and techniques

Solving problems

Using technology

3 3 3 3 2 3 2