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Conveyancing Resource Centre

Who regulates conveyancing in Queensland?

There is no universal regulation in Australia in relation to who can undertake conveyancing work.

Depending on which State or Territory you are located depends upon who regulates the conveyancing field and who can undertake what.

In Queensland, this has been the subject of governmental conversation on whether to licence conveyancers as part of the National Competition Policy Review of the Legal Profession Legislation. It was decided not to licence conveyancers in Queensland and not to allow licensed conveyancers from other jurisdictions to operate in the state. There were many reasons for this, for example, risks, compliance and otherwise.

In Queensland, it is illegal to have conveyancing companies owned by licensed conveyancers and there is a requirement that only legal practices can undertake this work. This is governed by the Legal Profession Act 2007, administered by the Queensland Law Society and Legal Services Commission. In saying this, paralegals or conveyancers can be employed in legal practices under strict supervision by an Australian Legal Practitioner.

In other States, such as New South Wales, conveyancing can be undertaken by either a licensed conveyancer with NSW Fair Trading or an Australian Legal Practitioner.

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