Conveyancers Act 2006 (review and inquiry)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions made under the Conveyancers Act 2006 by:
- the Business Licensing Authority (BLA) concerning a conveyancing licence
- the Secretary of the Department of Justice to disallow a compensation claim on the Victorian Property Fund once all other rights have been exhausted.
Under this Act, we can also hold inquiries into the conduct of conveyancing licence holders on application by the Director of Consumer Affairs.
Cases we can hear
Decisions about conveyancing licences
You may be able to apply to VCAT for a review if you are a person whose interests are affected by a decision of the Business Licensing Authority about conveyancing licences under the Conveyancers Act 2006, for example:
- to grant or refuse to grant a conveyancing licence
- to cancel a licence
- to impose or vary or revoke conditions on a licence
- to grant a licence in exceptional circumstances (for instance, where a candidate is disqualified for some reason).
Decisions about compensation fund refusal
You may be able to apply to VCAT for a review of a decision about compensation if:
- you have made a claim on the Victorian Property Fund, and
- the Secretary of the Department of Justice has decided to disallow the claim and has served notice of the disallowance on you, and
- you have exhausted all rights of action and other legal remedies for the recovery of the money or other property in respect of which the defalcation was committed, against the relevant licensee and all other persons liable in respect of the loss suffered by you.
Only the Director of Consumer Affairs may apply for an inquiry.
Legislation that gives VCAT the power to hear these applications
- Section 187 and 146 of the Conveyancers Act 2006
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
You must make your application within 28 days of the decision being made or, if you requested a statement of reasons, the day you received the statement or were notified the statement would not be given, whichever day is later. You may be able to apply for an extension to this time limit.
Compensation fund refusal reviews
You must make your application before the expiration of three months after service of the notice of disallowance.
What can VCAT order?
On review VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision maker to reconsider their decision at any time during the case.
After VCAT conducts an inquiry, if we find that there are grounds for taking action we can:
- reprimand the licence holder
- require compliance with specific requirements
- cancel the licence and disqualify the licence holder for a permanent or specified period
- suspend the licence
- impose condition or limitation on the licence
- declare a person ineligible permanently or temporarily
- require a specific undertaking
- impose a penalty not exceeding $5000
- suspend or cancel a licence for non-payment of penalty imposed.