Don’t ignore a Subscriber Compliance audit request
Updated on 11 November 2022
We continue to identify examples where Subscribers receiving a Compliance Examination notice, sent to determine whether the NSW Participation Rules have been complied with, either ignore it or contact NSW Land Registry Services (NSW LRS) to question its validity.
As required by section 34 of the Electronic Conveyancing (Adoption of National Law) Act 2012 and reiterated in the NSW Model Participation Rules, Subscribers must cooperate fully in a Compliance Examination. This includes responding to an examination notice within the allocated timeframe.
A Compliance Examination should be taken seriously by Subscribers. Ignoring it can result in a suspension which temporarily stops the ability to lodge dealings. Continued non-responsiveness can result in a termination.
NSW LRS is responsible for sending out Compliance Examination notices to Subscribers and conducting the Compliance Examinations. The email address that the notice is sent out from is [email protected]. Compliance Notices are sent to the same email address registered with your ELNO (e.g PEXA or Sympli), so make sure your email information is valid and up to date.
As part of the examination process, you will be asked to provide documentation to demonstrate your compliance with the NSW Participation Rules, including copies of your client’s identity documents, right to deal evidence and client authorisation forms, where relevant. These documents are uploaded to a secure portal where personal information is protected.
If you have doubts about the validity of the Compliance Examination, please contact NSW LRS promptly. You should also add [email protected] and [email protected] in your email exceptions list to ensure that it doesn’t land in your junk or spam folders.
Compliance Examinations play a crucial role in the confidence and integrity of the eConveyancing system as we move towards 100% digital lodgment in NSW. ORG and NSW LRS will continue to maintain a vigorous Compliance Examination process in line with the national process set by the Australian Registrars' National Electronic Conveyancing Council (ARNECC).
For more information on the subscriber compliance process, please see ARNECC Guidance Note #6.
For guidance on how to use Kiteworks, please see the Guide on uploading documents.
Please contact NSW LRS if you have a technical query about a Compliance Examination notice you have been issued.