Course Your sector Legal and conveyancing

AML/CTF staff training for lawyers and conveyancers.

Lawyers and conveyancers are on AUSTRAC’s list of newly regulated businesses. Property transfers can be designated services even when no money changes hands. Staff who open files, hold funds or approve work need training that fits their role, and the principal needs the senior manager track.

Sources for this answer
  • AUSTRAC names the newly regulated businesses: real estate professionals, dealers in precious stones, metals and products, lawyers, conveyancers, accountants and trust and company service providers (and some virtual asset businesses). [S36]
  • AUSTRAC: lawyers and conveyancers who help plan or execute the sale, purchase or transfer of real estate "may be regulated under different designated services" from agents. [S8]
  • AUSTRAC: a conveyancer who helps a parent transfer the family home to a child without payment "will provide a designated service". [S8]

Is property work covered?

AUSTRAC says lawyers and conveyancers who help plan or execute a property sale, purchase or transfer may be regulated under different designated services from agents.

Its example is a conveyancer who helps a parent transfer the family home to a child without payment. That will be a designated service.

Facts and sources for this part
  • AUSTRAC: lawyers and conveyancers who help plan or execute the sale, purchase or transfer of real estate "may be regulated under different designated services" from agents. [S8]
  • AUSTRAC: a conveyancer who helps a parent transfer the family home to a child without payment "will provide a designated service". [S8]

What does AUSTRAC list as legal-sector red flags?

  • A client who tries to avoid know-your-customer steps.
  • A client with an unusual level of knowledge about AML/CTF requirements.
  • A client who appears to be following instructions from third parties.
Facts and sources for this part
  • AUSTRAC legal-sector red flags: a client who "tries to avoid know your customer (KYC) processes" or "has an unusual level of knowledge about AML/CTF requirements". [S39]
  • AUSTRAC accountant red flags: a client who "doesn’t seem to understand the business sector they’re operating in", "ends the relationship after you ask for more information" or "appears to be following instructions of third parties". [S38]

Who needs which track?

  • Principals: senior manager track.
  • The compliance officer: compliance officer track.
  • Solicitors, conveyancers and paralegals who take instructions: front-line track.
  • Reception and accounts staff: all-staff track.
Facts and sources for this part
  • AUSTRAC: "A senior manager is an individual who makes, or is involved in making, decisions affecting all or a substantial part of your business." [S20]
  • AUSTRAC: "All personnel in customer-facing roles need an awareness of indicators of suspicious activity and your reporting procedures." [S1]

Which lessons fit?

Every track begins with the duty. Add the suspicious matter lesson, because tipping off matters in a firm where several people see the file.

  1. Lesson 1The training duty, and what it means for you3 min
  2. Lesson 3Red flags in your sector3 min
  3. Lesson 4Suspicious matter reports and tipping off3 min
  4. Lesson 5Record keeping and cash reports2 min
Facts and sources for this part
  • AUSTRAC: "The tipping off offence applies whether you create, share or receive the information." [S12]
  • AUSTRAC: the tipping off offence applies to a reporting entity and to "an officer, employee or agent of a reporting entity". [S12]