Course Title: Analyse and interpret legal requirements for a transaction
Part B: Course Detail
Teaching Period: Term1 2020
Course Code: LAW5728C
Course Title: Analyse and interpret legal requirements for a transaction
School: 650T Vocational Business Education
Campus: City Campus
Program: C6164 - Advanced Diploma of Conveyancing
Course Contact: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Joanne Mackay
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 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 thought 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 discussion, 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 following courses are are delivered together under the title Legal Requirements:
- BSBCNV601/BUSM7921C Identify and Conduct Searches
- BSBCNV503/LAW5728C Analyse and Interpret Legal Requirements
(Please note that this schedule is subject to change)
Course Schedule: Analyse and Interpret Legal Requirements, Semester 1, 2020 | ||
Week |
Topic |
Assessment |
|
Week 1 February 10 |
Intro to course, materials, Canvas Intro Real Estate Agents' Industry At home exercises - Discussion Board |
|
|
Week 2 February 17 |
Real estate Industry exercises Contract of sale and special and general conditions |
|
|
Week 3 February 24 |
The contract of sale |
|
|
Week 4 March 2 |
S.32 vendor's statement requirements Searches and certificates |
Assessment 1: Case study test supplied to students in class |
|
Week 5 March 9 |
Contravention of s.32, cases, consumer law | |
|
Week 6 March 16 |
Cooling off, finance clauses, caveats |
|
|
Week 7 March 23 |
Deposits, Insurance |
|
|
Week 8 March 30 |
Building legislation, Misdescription, illegal structures
|
Assessment 1: Case study test due |
|
Week 9 April 6 |
Terms Contracts |
|
Mid-Semester Break | ||
|
Week 10 April 20 |
Student consultation - auction documents or topic content |
|
|
Week 11 April 27 |
Adjustments | Assessment 2 - AUCTION Reports Due |
|
Week 12 May 4 |
Review breach of contract general conditions, settlement intro. |
|
|
Week 13 May 11 |
Revision | |
|
Week 14 May 18 |
In class open book assessment |
Assessment 3: Open Book In-Class Test due |
|
Week 15 May 25 |
Assessments in other courses |
|
|
Week 16 June 1 |
Resubmissions |
|
|
Week 17 June 8 |
Grade Entry |
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 including the self - paced activities in the workbooks.
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT's Learning Management System, Canvas.
The online learning materials listed may include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities
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
You will demonstrate competency by undertaking three assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessment 1: Take Home Case Study
Due: Sunday, 5 April 2020
Summary and Purpose: This assessment is a case study and a series of multiple choice and short answer questions about the case study that you can take home and complete.
Assessment Instructions: The cases for the case study assessment will be released in week 4 for the students to commence reading. The case study assessment will be released in week 5, and is due in week 8.
Assessment 2: Auction Research Report and Presentation
Due: Sunday, 3 May 2020
Summary and Purpose: In this assessment you will attend an auction and prepare a report in relation to that auction or other approved topic. You cannot report or present on the same auction as any other student.
Assessment Instructions: A hard copy report with the flyer, vendor’s statement and contract of sale must be submitted to the teacher by the due date. Only the report should be submitted via the Turnitin system on Canvas.
Assessment 3: Open Book In-Class Test
Due: Monday, 18 May 2020
Summary and Purpose: The purpose of this assessment is to independently assess each student in relation to all the content of these courses.
Assessment Instructions: Full details of this OPEN BOOK assessment will be provided in class.
Assessment Matrix
The assessment matrix that maps all the assessment is available on Canvas.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- 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 the Assessment task document that includes a declaration and statement of authorship.
- 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.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview