Course Title: Analyse and interpret legal requirements for a transaction

Part B: Course Detail

Teaching Period: Term2 2015

Course Code: LAW5713C

Course Title: Analyse and interpret legal requirements for a transaction

School: 650T Vocational Business Education

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
ph:99255540
Level 5, building 80
445 Swanston Street Melbourne
joanne.mackay@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. 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 source documents for legislation and regulations relevant to the provision of conveyancing services
 

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:

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:

3. Identify 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:

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

This course is co- delivered and co-assessed in conjunction with BUSM 7855C Identify and conduct searches ( FNSCNV601A).

Classes of 2 hours per week for 16 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                                                                                                                             
TOPICS
 

BUSM 7855C                 

Identify and conduct Searches    

Codelivered                              

Element                  

 

 LAW 5713C

Analyse and Interpret legal requirements for the transactions

Codelivered

Element 
                                   

    Assessment                                         
1 07 JulyCourse outline, revision,
Estate Agents Industry overview
41-5Read all topic material on blackboard before each class.
2 14

Real Estate Industry

Standard documents
Contract of Sale and general conditions
Vendor’s statement
Sale of Land Act
 

1-5 1-4 
3 21

Cooling off
 

Finance Clauses

Caveats 

1-5 1-4 
4 28

 

Vendor’s statement requirements, S32 SLA

Searches and enquiries

1-5 1-4 
5 04 August

 

s.32 contravention and cases, consumer law

4 1-4 
6 11

 

Deposits
Insurance
 

1-5 1-4 
7 18mid semester test
 
1-5 1-4 mid semester open book test
8 25

Illegal Structures


Domestic Building Contracts Act

Misdescription
 

1-5 1-4 
  Mid Semester Break 31 Aug - 4 Sept   
9 08 SeptemberAuction report research1-5 1-3 
10 15Industry presentations3-4 1-3 
11 22

Terms contract introduction


Auction presentations 
 

1-5 1-5Presentations week 11-13
12 29 Adjustments

 Auction presentations
 

1-5 1-5Presentations week 11-13
13 06 October

Settlement procedures

Auction presentations 

 

1-5 1-5


Presentations week 11-13

Auction assignment due
 

14 13

 Review breach of contract provisions

Revision 
 

1-5 1-5 
15 20 
         
(Test - Law5712C/Law 5711C Prepare Legal Documents & Read and Interpret legal Documents)
 
   
16 27
            In class open book final test

 
1-5 1-550% open book final test


Learning Resources

Prescribed Texts


References

A good general reference is Conveyancing Victoria 2015 by Simon Libbis, Hybrid Press, available form the publisher at student discount price.


Other Resources

A good general reference is Conveyancing Victoria 2015 by Simon Libbis, Hybrid Press, available form the publisher at student discount price. 

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

To pass this course, you need to demonstrate you are competent to the industry standard as required of a conveyancing clerk.. To achieve this, you must complete all assessments in BUSM 7855c Identify and conduct Searches (FNSCNV601A),  and LAW 5713C Analyse and Interpret Legal Requirements for the transaction (FNSCNV503A) to an acceptable industry standard.

To demonstrate achievement of the elements in this course the following evidence is essential from completion of the assessment requirements:
You are required to complete 3 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 of competent. once competency is achieved further grading will occur in accordance with the table below.

Evidence that elements have been achieved will be gathered from the assessment tasks.

Assessment Tasks

Assessment Task 1 - Case Study Test (indicative weighting 25%)
Due date: in class open book test week 7 in relation to s.32 Sale of Land Act and cases.
Submission procedures: students are required to attend class in week 7 and answer open book test questions, submitting written answers to the teacher at the completion of the class.

 Assessment Task 2 - Auction Report (indicative weighting 25%)
Due Date: Weeks 10-13 Presentations - Week 13 - Final due date for Report.
Submission Procedure: Auction Report to be submitted in class with associated documents. Report only to be submitted on Blackboard via Turnitin.

Students will be required to attend an auction of sale of land. Students are to choose their own auction (not a group activity). After attending the auction, students will required to review aspects of the auction as they relate to the core competencies for both courses BUSM 7855c Identify and conduct Searches (FNSCNV601A), and LAW 5713C Analyse and Interpret Legal Requirements for the transaction (FNSCNV503A). Students will be required to submit a written report, and present their findings in class.
 
Assessment Task 3 - Final Test (indicative weighting 50%)
Due Date:
Week 16
Submission Procedure: Final in class open book assessment
The purpose of this test is to assess all elements of both courses BUSM 7855c Identify and conduct Searches (FNSCNV601A), and LAW 5713C Analyse and Interpret Legal Requirements for the transaction (FNSCNV503A) to an acceptable industry standard.
 

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.

Grades received throughout semester are only indicative of your performance. These grades will only contribute to your final grade if you complete all assessments to an acceptable industry standard. If students cannot demonstrate competency across all learning outcomes or elements of the course the maximum grade they can achieve is NYC. If students fail to submit one or more pieces of assessment, the maximum grade available is DNS.

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.

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


Assessment Matrix

CHDCompetent with High Distinction
CDICompetent with Distinction
CCCompetent with Credit
CAGCompetency Achieved - Graded
 
NYC Not Yet Competent
DNS 
 
Did Not Submit for assessment

 





 

Other Information

Submission Requirements
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 extensions of time. (Please refer to the information in the Late Submission Procedure section below)
• If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• 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 a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.

Late Submission Procedures
If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
More Information:http://www.rmit.edu.au/students/assessment/extension
Form to use: 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.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions:
Students who achieve an indicative grade of greater than 50%, yet have not demonstrated competency across all learning outcomes will be given the opportunity to undertake an oral questioning with the assessor in which they will be required to demonstrate competence in the elements or learning outcomes not yet demonstrated. If students cannot demonstrate competency across all learning outcomes or elements of the course the maximum grade they can achieve is NN or Not Yet Competent.

Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information:http://www.rmit.edu.au/browse;ID=kehn9bz22r41 

Course Overview: Access Course Overview