Collins May Deregulate Conveyancing Industry
Sydney Morning Herald
Sunday July 28, 1991
The multi-million dollar NSW conveyancing industry, which is controlled by solicitors, could be deregulated under plans to be considered by the Government.
The NSW Attorney-General, Mr Collins, confirmed yesterday that total deregulation of the industry was an option, in a draft discussion paper prepared by his department.
He said the paper, which is expected to be released in its final form for public comment in a week, canvassed a range of issues, including the removal of Government controls over fees.
At the moment, the fees are recommended by an independent committee, but the Government has the power to veto any increases by introducing special legislation in Parliament.
Under total deregulation, non-solicitors would be allowed to practise conveyancing law, compete with solicitors and let the marketplace determine the standard fees.
Other options to be considered are expected to include a licensing system for non-legally qualified conveyancing companies, providing a safety net for home-buyers.
Mr Collins said the Government would not make a final decision without consultation with the legal profession, consumer groups and the public.
He admitted he had come under pressure from the NSW Law Society not to change the system.
"I think the Law Society understands that the public mood is one that would probably encourage reform, but it is also fair to say that they have not exactly embraced some of the potential changes with rapturous enthusiasm," he said.
"Nevertheless, I think it is time the public of NSW had an opportunity to discuss the issue.
"My interest has to be the public interest and the interest of consumers of legal services throughout the State, while at the same time protecting the role of the legal profession."
Under existing arrangements in NSW, it is illegal for a person who is not a legal practitioner to be paid for doing any legal work, including legal work related to conveyancing.
Despite this, a number of firms have started over the past decade offering conveyancing services.
© 1991 Sydney Morning Herald
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