Changes to VOI
As reported in Landgate CIB 305, 31 January HERE
“Change to Registrar and Commissioner of Titles’ Joint Practice: Verification of Identity and Authority – fraud mitigation” will see ensure the “updated VOI Practice more closely aligns to the requirements for national electronic transactions.”
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Source: 9th February AICWA Education e-Newsletter
Change to Western Australian Registrar and Commissioner of Titles’ Joint Practice: Verification of Identity and Authority – fraud mitigation
31 January 2018
As foreshadowed and as part of their fraud mitigation strategy, the Western Australian Commissioner of Titles and the Registrar of Titles have updated their Joint Practice for Verification of Identity and Authority (VOI Practice) for paper-based transactions. The updated VOI Practice more closely aligns to the requirements for national electronic transactions. The changes seek to improve the integrity of information in the Western Australian Land Titles Register, reduce the risk of fraud and improper dealings, and remove confusion for customers and agents operating in both electronic and paper environments.
The key changes to the VOI Practice will:
• extend the requirement for verification of identity to property buyers and caveators lodging and withdrawing caveats;
• update the categories of documents needed to support verification of identity;
• update the procedures for conducting verification of identity in a foreign country; and
• improve the procedures for self-represented parties.
THE REGISTRAR OF TITLES’ WITNESSING AND IDENTITY VERIFICATION
REQUIREMENTS FOR TRANSFER OF LAND DOCUMENTS EXECUTED BY THE
TRANSFEROR(S) OUTSIDE OF AUSTRALIA
An example of documents requiring a qualified witness;
Application for Lost Title
Application by Personal Representative
Transfer of Land
When a client is overseas, the witnessing and verification of identity must be by consular officials, so be aware some travel may be required in order to attend an Australian Embassy or Consulate to have documents witnessed and certified.
Some relevant information for Overseas Sellers
Landgate (The Titles Registry in Western Australia) have provided specific guidelines for the signing of the Transfer together with requiring specific forms of identification.
The witness on a Transfer must be an Australian consular officer when the execution of a Land Titles Office document occurs outside of Australia.
An Australian consular officer is defined by section 145(4) of the Transfer of Land Act as a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside the Commonwealth.
This Customer Information Bulletin contains additional information and clarifies the procedures for the witnessing of transfer of land documents executed by transferors outside of Australia and the corresponding client identity verification required to be undertaken by the witness.
This CIB provides clarification and further details in relation to the instructions provided in CIB No. 206 of 18 August 2011.
The following Registrar’s requirements only relate to transfer of land documents where the transferor(s) executes the transfer outside of Australia.
The requirements as set out in this CIB are summarised as follows:
transfers of land executed by transferors outside of Australia are required to be witnessed by an Australian consular officer; prior to witnessing the execution of the transfer of land the Consular Officer is to undertake an identity check of the transferor(s) and provide certified copies of all the identity documents sighted; and conveyancers are to provide the original certified copies of the identity documents sighted by the Consular Officer who witnessed the transfer of land to the Registrar of Titles at the time of lodging the transfer of land at Landgate.
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