Course Title: Analyse and interpret legal requirements for a transaction

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5713C

Course Title: Analyse and interpret legal requirements for a transaction

School: 650T TAFE Business

Campus: City Campus

Program: C5324 - Diploma of Conveyancing

Course Contact : Joanne Mackay

Course Contact Phone: +61 3 992555540

Course Contact Email:joanne.mackay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay & Paul Ryan 99255540 level 5 building 80 445 Swanston Street Melbourne

joanne.mackay@rmit.edu.au     paul.ryan@rmit.edu.au

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 performance outcomes, 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.

This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
 


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSCNV503A Analyse and interpret legal requirements for a transaction

Element:

1. Identify legal principles and legislative requirements affecting conveyancing transactions.

Performance Criteria:

1.1. Legal framework in which conveyancing practice is undertaken is identified
1.2. Components of statute law and their relationships are identified with respect to their application to conveyancing practice
1.3. Source documents for legislation and regulations relevant to the provision of conveyancing services are identified and accessed
 

Element:

2. Interpret legislative requirements affecting conveyancing transactions.

Performance Criteria:

2.1. Structure of legislation and regulations and their interpretation are identified
2.2. Common interpretation problems are identified
2.3. Rules and techniques for interpreting legislation and regulations are identified and applied
 

Element:

4. Comply with relevant codes of conduct

Performance Criteria:

4.1. Codes of conduct are sourced and accessed
4.2. Relationship between industry codes of conduct and legislative requirements are identified
4.3. Key principles and responsibilities of codes of conduct are interpreted and applied to own work in line with industry practice
4.4. Personal ethical behaviour complies with relevant codes of conduct
 

Element:

3. Identify changes to legislation and regulations affecting agency operations

Performance Criteria:

3.1. Processes that lead to changes in legislation and regulations are identified
3.2. Source documents for amendment legislation relevant to the provision of conveyancing services are identified and accessed
3.3. Techniques for tracking amendments to legislation and regulations are identified and applied
3.4. Implications of changes to legislative and regulatory requirements are identified and addressed in line with practice procedures
3.5. Strategies for identifying amendments to legislation and regulations are implemented
3.6. Changes to legislative and regulatory requirements are communicated to appropriate people in line with agency policy
 

Element:

5. Maintain records of legislation and industry codes

Performance Criteria:

5.1. Practice processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct are identified
5.2. Relevant records of legislation and codes of conduct are maintained
 


Learning Outcomes



Details of Learning Activities

This course is delivered in conjunction with FNSCNV601A Identify and conduct searches
Classes of 2 hours per week for 12 weeks as per the teaching schedule. 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.
The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation. Class teachers will to keep as close as practicable to that set out in this Part B Statement.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 


Teaching Schedule

  Week              Date wek begins                                                                                                                                 
TOPICS – Joanne Mackay (JM) 5.30- 7.30 weeks 1-12
 
       Element                                          Assessment                                         
1 08 July Course overview, revision,
Estate Agents Industry
 
  
2 15 Standard documents
Contract of Sale
Vendor’s statement
Sale of Land Act
 
  
3 22 Vendor’s statement cases
Contract terms

 

  Off the plan assignment & Auction Assignment instructions disussion
4 29 Vendor’s statement cases
Contract terms

 

  Possibly RPL transition arrangements
5 05 August Cooling off
Finance Clauses
  
6 12 Caveats
Deposits
Insurance
 
  
7 19 Searches and Enquiries
Intro to terms contracts
 
  
8 26 Building contracts
Illegal Structures
Domestic Building Contracts Act
 
  
  Mid Semester Break 2/9 - 6/9  
9 09 September Adjustments  
10 16 Breach, Misdescription,
Settlement arrangements
 
  
11 23 
Auction presentations
 
  Assignment due
12 30 
Revision

 

  
13 07 October Major test
Busm 7855C & Law 5713C
 
  Major test
Busm 7855C & Law 5713C
 
14 14 
Weeks 13-16 5.30-8.30 PR
Sale of Business Contract
Commercial Leases
 
  
15 21 
Sale of Business Contract
Commercial Leases
 
  
16 28 
Sale of Business Contract
Commercial Leases
 
  Major test Law 5711C&5712C
TAKE HOME RELEASED
 
17 04 November 
Major test Law 5711C&5712C DUE 8 Nov, at the latest!
 
  Major test Law - 5711C & 5712C
DUE 8 NOV at the latest
 


Learning Resources

Prescribed Texts


References


Other Resources

A good general reference is Conveyancing Victoria 2012/2013 by Simon Libbis, available soon at the RMIT bookshop now on level 5 RMIT building 8. All other resources are available free online, through the RMIT library system or provided to students through the subject online Blackboard system, the HUB, myRMIT.

Specifically there will be articles, cases, notes, lecture outlines, documents, and other support materials provided via the MyRMIT HUB Blackboard site for the program, and then the courses after transition. Other references, legislation and websites are cited in the lecture outlines, and also available via web resources link on the Blackboard. The Sale of Land Act will be referred to from week 2 and should be purchased/ downloaded as soon as possible. Students can print sections as needed or buy/print the whole Act (buy from Information Victoria or LIV bookshop). Other legislation will advised via the notes and classes during the semester
 


Overview of Assessment

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence which may comprise of documents, and/or photographs and/or video and audio files, review of products produced through work based or course activities.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

Students must demonstrate an understanding of all elements of competency to be deemed competent.
A range of assessment methods are used to assess practical skills and knowledge, for example:
* tests and examinations in formal settings
* assignments, projects and case study analysis
* direct questioning combined with review of portfolios of evidence
* review of authenticated documents from the workplace or training environment
* demonstration of techniques
* Class presentation

Critical aspects of assessment
Evidence of the following is essential:
Evidence of the ability to:
• interpret legislation to identify legal principles affecting conveyancing
• monitor and record changes in legislation affecting conveyancing practice
comply with industry and regulated codes of conduct

 

Assessment completion requirements

You are required to complete 2 tasks. To pass this course students must attempt assessments as required which are graded upon submission by the class assessor. Grading is weighted so that a mark of 50% is a passing grade.
Evidence that learning outcomes have been achieved will be gathered from:

1.MAJOR ASSIGNMENT, RELATED TO ALL COURSES

2.MAJOR TEST BUSM 7855C, Law 5713C


Assessment descriptions
 

Assessment submission requirements

Assessment tasks need to be submitted via Blackboard unless otherwise advised.

You should:

* Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
* Always retain a copy of your assessment tasks. (hard copy and soft copy)
* When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. 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 declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
* Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Julie Macpherson, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Marking Guide

Vocational Education and Training (VET) is based on current industry needs and the focus on preparing you for the workplace. Because VET courses are informed by practical application of knowledge and skills, they are based on a system known as ‘competency based training’ (CBT). So when you are assessed in VET it is about whether you are competent to do the job, as well as having a firm grasp on the knowledge and skills required to do that job, as opposed to traditional curriculum based education settings that are often based on knowledge retention.

You need to demonstrate you are competent in each element of the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.

Please refer to the Final Grades table below.

Marking Guide

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.


The grading is according to the following criteria:

1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to developing and maintaining an OHS system.

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required in managing an OHS system. You should be able to demonstrate a thorough understanding of all applicable OHS legislative requirements in all the assessment tasks.

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience. You also need to show an understanding of the kinds of problems that can arise in managing OHS systems and how these might be addressed.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see ongoing uploading of information into Pebble Pad that is relevant to the unit, full utilisation of Pebble Pad and Blackboard as per course requirements and timely submission of all required assessment tasks.


5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

We expect to see contributions to relevant discussions and scheduled Collaborate sessions. In addition your tasks should demonstrate a very good understanding of strategies for a collaborative approach to OHS management in the workplace.
Final Grades table:
CHD Competent with High Distinction;CDI Competent with Distinction; CC Competent with Credit; CAG Competency Achieved – Graded; NYC Not Yet Competent; DNS Did Not Submit for assessment

Further information regarding the application of the grading criteria will be provided by your teacher


Assessment Matrix

Element                                                                                                                                                    
1. Identify legal principles and legislative requirements affecting conveyancing transactions   
2. Interpret legislative requirements affecting conveyancing transactions   
3. Identify changes to legislation and regulations affecting agency operations
 
   
4. Comply with relevant codes of conduct
 
   
5. Maintain records of legislation and industry codes
 
   

Course Overview: Access Course Overview