The Australian Registrars National Electronic Conveyancing
Council (ARNECC) was established in 2010 to facilitate the
implementation and ongoing management of the regulatory framework
for the National Electronic Conveyancing (NEC) system and to ensure
a consistent national approach in the regulation of electronic
In preparation for the introduction of the NEC, South Australia
is proposing to introduce Verification of Identity (VOI)
requirements from 1 July 2013. This follows New South Wales and
Western Australia implementation of VOI procedures on 1 November
2011 and 1 January 2013 respectively. Queensland's VOI
provisions are included in the Department of Natural Resources and
Mines Land Title Practice Manual issued under section 286A(2)(c) of
the Land Act 1994 (QLD Land Title Practice Manual) and have been in
place for some time ( 2005). These are currently being reviewed.
Draft VOI rules for South Australia have been released for
consultation and a copy of the rules can be accessed
The Model Participation Rules drafted by the ARNECC have also
been updated with its most recent version being released in April
2013. A copy this version can be accessed
The rules specify a verification of identity standard, however
mortgagees are able to adopt a different standard provided they are
satisfied reasonable steps have been taken to identify the
Due to this flexibility, differences exist between the VOI
standards adopted or proposed by each state. No formal VOI policy
has been introduced in VIC, TAS, NT and the ACT at this time.
In brief, New South Wales' VOI provisions are similar to
those of Queensland, while South Australia is proposing to adopt a
more onerous VOI standard similar to that of Western Australia.
In Queensland and NSW, mortgagees are required to take
"reasonable steps" to confirm the identity of the
mortgagor. "reasonable steps" will be considered to be
NSW: if a mortgagee complies with the steps
required under the Commonwealth Anti-Money Laundering and
CounterTerrorism Financing Act 2006 (AML/CTFAct)
Queensland: if a mortgagee complies with the
practices contained in the QLD Land Title Practice Manual to the
extent they may reasonably apply. (These reflect the "100
points identification" provisions under the Financial
Transaction Reports Act 1988 and the Financial Transaction
Reports Regulations 1990).
Compared to WA and South Australia, in Queensland and NSW:
there is no separate identity standard that applies to
documents executed in a foreign country; and
there is no requirement for a visual identification of the
NSW is the only state that is not required to complete a
certificate certifying confirmation of the identity of the
mortgagor or to provide a separate statement to the Registrar
A summary of the differences between the VOI standards in
Western Australia, South Australia, New South Wales and Queensland
is contained in the table we prepared
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).