Course Title: Analyse and interpret legal requirements for a transaction
Part B: Course Detail
Teaching Period: Term2 2017
Course Code: LAW5728C
Course Title: Analyse and interpret legal requirements for a transaction
School: 650T Vocational Business Education
Campus: City Campus
Program: C5337 - Diploma of Conveyancing
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Joanne Mackay
9925 5540
80.05.018
Nominal Hours: 50
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to analyse and interpret legal requirements for a conveyancing transaction within a range of contexts and environments. It encompasses identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant legislation and codes of conduct, and maintaining appropriate records.
It applies to individuals who use specialised knowledge and skills to research and evaluate complex information and compliance requirements, and apply that information to relevant tasks. Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the relevant regulator for specific guidance on requirements.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBCNV503 Analyse and interpret legal requirements for a transaction |
Element: |
1 Interpret legal principles and legislative requirements affecting conveyancing transactions |
Performance Criteria: |
1.1 Identify legal framework of conveyancing practice 1.2 Interpret components of statute law and their relationships with respect to their application to conveyancing practice 1.3 Access legislation and regulations relevant to the provision of conveyancing services 1.4 Identify and analyse relevant case law for legal principles |
Element: |
2 Interpret legislative requirements affecting conveyancing transactions |
Performance Criteria: |
2.1 Interpret and analyse the structure of legislation and regulations that relate to conveyancing transactions 2.2 Analyse common interpretation problems 2.3 Apply rules and techniques for interpreting legislation and regulations in conveyancing transactions |
Element: |
3 Track and interpret changes to legislation and regulations affecting agency operations |
Performance Criteria: |
3.1 Identify processes that lead to changes in legislation and regulations 3.2 Access source documents for amendment legislation relevant to the provision of conveyancing services 3.3 Establish a process and technique for tracking amendments to legislation and regulations 3.4 Interpret and address implications of changes to legislative and regulatory requirements in line with agency procedures 3.5 Communicate changes to legislative and regulatory requirements to appropriate people in line with agency policy and procedures |
Element: |
4 Comply with relevant codes of conduct |
Performance Criteria: |
4.1 Source and access codes of conduct 4.2 Interpret relationship between industry codes of conduct and legislative requirements 4.3 Apply key principles and responsibilities of codes of conduct to own work in line with industry practice 4.4 Ensure personal ethical behaviour complies with relevant codes of conduct |
Element: |
5 Maintain records of legislation and industry codes |
Performance Criteria: |
5.1 Identify practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct 5.2 Maintain relevant records of legislation and codes of conduct |
Learning Outcomes
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.
The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
The Teaching Schedule for this course is as follows:
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Blackboard
- Overview of assessment requirements
- Pre-Training Review including:
o Recognition of Prior Learning and Credit Transfers
o Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student Charter
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities
LAW5728C Analyse and Interpret Legal Requirements for the Transaction is co-delivered and co-assessed with BUSM7921C Identify and Conduct Searches
Week |
Topic |
Assessment |
Week 1 – 4 Jul |
Intro to course, materials, Blackboard
Intro Real Estate Agents’ Industry At home exercises |
Joint class with all students, PR only |
Week 2 – 11 Jul |
Real estate Industry exercises, Contract of sale and general conditions |
|
Week 3 – 18 Jul |
Cooling off, finance clauses, caveats |
|
Week 4 – 25 Jul |
s.32 vendor’s statement requirements, searches and certificates |
Release case study test |
Week 5 – 1 Aug |
Contravention of s.32, cases, consumer law |
|
Week 6 – 8 Aug |
Deposits, Insurance |
|
Week 7 – 15 Aug |
Building legislation, Misdescription, illegal structures |
Assessment 1 –Take home Case study test due 25% |
Week 8 – 22 Aug |
Terms contracts introduction and adjustments |
Attend Auction if not already done |
Mid Semester Break (Student Vacation) – Aug 28 - Sept 1 (does not match school holidays) | ||
Week 9 – 5 Sept |
Owners Corporations part 1 (PR) (also joint class) |
Joint class – all students together |
Week 10 – 12 Sept |
AUCTION PRESENTATIONS |
|
Week 11 – 19 Sept |
AUCTION PRESENTATIONS |
|
Week 12 – 26 Sept |
AUCTION PRESENTATIONS |
Auction research report due- 25% |
Week 13 – 3 Oct |
Review breach of contract general conditions, settlement intro, Revision |
|
Week 14 – 10 Oct |
In class open book assessment |
In class open book assessment 50% |
Week 15 – 17 Oct |
||
Week 16 – 24 Oct |
Eligible Resits/ special consideration - Resubmissions |
Learning Resources
Prescribed Texts
References
Other Resources
Students must keep abreast of more recent changes via the electronic notes, lecture outlines, prescribed readings, cases and articles, available on the HUB/ Blackboard. The Sale of Land Act will be required in full. Please download and print sections as needed, or purchase a copy and have in class by week 3. Legislation in hard copy can be purchased from Law Institute bookshop or Information Victoria.
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- interpret and comply with legislation and industry codes of conduct relating to conveyancing transactions and agency operations
- conduct legal research and apply changes in law to current practice
- communicate key information effectively to clients and other relevant professionals, and maintain accurate file records.
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- interpret and analyse legislation to identify legal principles, requirements and amendments affecting conveyancing transactions and agency operations
- interpret and explain key features of industry codes of conduct
- explain common problems associated with interpreting legislation
- identify and reference relevant/recent case law
- identify and explain key features of Commonwealth, and State or Territory legislation and local government regulations relating to:
- contracts of sale of land
- disclosure requirements
- duties and taxes
- government fees and registration requirements
- insurance
- relevant deposit legislation/requirements
- estate agents’ legislative requirements
- competition and consumer protection
- privacy
- corporations and other legal entities
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the Conveyancing field of work, and include access to:
- a range of common office equipment, technology, software and consumables
- suitable assessment records showing the preparation of a variety of legal documents to support a transaction.
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
Assessment Tasks
ASSESSMENT SUMMARY
ASSESSMENT 1 - TAKE HOME CASE STUDY TEST WEEK 7 25%
ASSESSMENT 2 - AUCTION/RESEARCH REPORT WEEKS 10-12 25%
ASSESSMENT 3 - IN CLASS, OPEN-BOOK, MAJOR TEST WEEK 14 50%
100%
LAW5728C Analyse and Interpret Legal Requirements for the Transaction is co-delivered and co-assessed with BUSM7921C Identify and Conduct Searches
Assessment Matrix
Other Information
Submission Requirements
You should:
- Ensure that you submit assessments on or before the due date.
- Always retain a copy of your assessment tasks (both hard copy and soft copy).
- Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
Late Submission Procedures
You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension
The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions (VE Programs):
You must satisfactorily complete all assessment tasks in order to achieve competency.
If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.
If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.
If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31
Marking Guide (Competency)
You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.
Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.
On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).
Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.
Marking Guide (Grading)
This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course.
The reported Final Grade will be one of the following:
CHD |
Competent with High Distinction |
CDI |
Competent with Distinction |
CC |
Competent with Credit |
CAG |
Competency Achieved – Graded |
NYC |
Not Yet Competent (all assessment tasks submitted) |
DNS |
Did Not Submit (one or more assessment tasks not submitted) |
Further details regarding the application of the grading criteria will be provided by your teacher.
Course Overview: Access Course Overview