With the introduction of electronic conveyancing and new conveyancing requirements, a nationally aligned compliance program is being introduced in South Australia.
The compliance program has been established to monitor that the obligations and practices that support the certifications made by the legal practitioner, registered conveyancer or mortgagee (Representative) - for both the paper and electronic transactions are being met as they relate to:
- Verification of identity
- Verification of authority
- Client authorisation
- Retention of evidence
- Digital signing - for electronic transactions only.
Under Section 220A of the Real Property Act 1886 and Section 33 of the Electronic Conveyancing National Law (South Australia) Act 2013, the Registrar-General has the power to undertake a compliance examination as part of the administration and enforcement of these Acts.
Compliance examination procedure
Representatives will be selected at random for a compliance examination, which will be initiated by a written notice from the Registrar-General to the Representative. The Compliance Examination Notice will be sent to the email address recorded for the representative. The notice will:
- outline which transaction(s) will need to have evidence of compliance shown
- detail the documents and information to be provided (copies only)
Timeframe for response
Representatives will have 10 business days, from the date the Compliance Examination Notice was sent, to produce the documents and information requested.
Provision of evidence
Copies of the documents and information requested in the Compliance Examination Notice can be provided to the Registrar-General through these methods:
- By email to LTOCompliance@sa.gov.au
- In person at the Lands Titles Office - 101 Grenfell Street ADELAIDE
- By registered mail, addressed to:
Office of the Registrar-General
GPO Box 1354
ADELAIDE SA 5001
In each case, Representatives will receive an acknowledgement of receipt via email.
Notification of outcome
The Registrar-General will conduct a desktop evaluation of the documentation submitted against the transactions selected for compliance examination.
Once the compliance examination is complete the Representative will receive notification by email of the examination results.
A satisfactory compliance will require no further action or correspondence.
An unsatisfactory compliance examination result may require the Representative to:
- Provide further documentary evidence
- Provide a written explanation addressing the deficiencies identified and outline the controls to be put in place to prevent a re-occurrence
- In particular circumstances of gross deficiency, a face-to-face interview with the Representative or an on-site visit to their office may be requested.
All compliance examination requests and outcomes will be recorded and held by the Registrar-General.
Further information can be found in the Australian Registrars National Electronic Conveyancing Council (ARNECC) Compliance Examination Guidance Note.
Enquiries regarding the Compliance Program should be directed to LTOCompliance@sa.gov.au