Publication of final Version 6 of the MORs and MPRs
The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has published the final Version 6 of the Model Operating Requirements (MORs) and the Model Participation Rules (MPRs). Version 6 will take effect on 12 April 2021.
Both marked-up and clean versions of the documents are available on the ARNECC website and can be accessed using the following links:
Feedback Tables detailing the actions taken by ARNECC in response to the industry feedback received during the first and second round of consultation have also been published on the ARNECC website.
Some changes have been made between public consultation Version 6.1 and the final Version 6 of the Model Operating Requirements and Model Participation Rules.
Key changes between Version 5 and the final Version 6 of the Model Operating Requirements include, but are not limited to:
- Exclusion of Back End Infrastructure Connections from the Integration and separation provisions (see 2.1.2, 5.5 and 5.6)
- A requirement for an Electronic Lodgment Network Operator’s (ELNO’s) Business Plan to include an assessment of the likely costs for development and ongoing expansion of a fully functional ELNO System (see 2.1.2)
- A requirement for an ELNO to keep records of requests to facilitate Integration (see 5.5.1(d)(ii))
- A requirement on ELNOs to keep records of requests made for a copy of an ELNO’s Integration terms and conditions and/or principles and, where it is not possible for a set of Integration terms and conditions to be developed, ELNOs may instead develop a set of principles upon which those terms and conditions will be negotiated (see 5.5.1)
- A requirement that an ELNO must not implement certain new functionality without first undertaking testing (see 6.2)
- A Digital Certificate security requirement for ELNOs (see 7.6.2 (b) and (c))
- ELNOs must ensure Subscribers can use open Digital Certificates, subject to any reasonable requirements in the ELNO’s Subscriber security policy (see 7.6.3)
- Introduction of a requirement for an ELNO to provide the Registrar with an implementation plan covering a minimum two year period (see 13.3)
- Obligation for ELNOs around training Subscribers and Users on cyber security (see 14.6)
Key changes Version 5 and the final Version 6 of the Model Participation Rules include, but are not limited to:
- Removal of the Subscriber as Attorney mechanism (see 5.6)
- Amendments to the Client Authorisation form in Schedule 4 and an amendment confirming that forms previously signed are not invalidated by the new version of the form (see 6.3 and Schedule 4)
- Amendments to right to deal requirements relating to mortgagors (see 6.4)
- Amendments to the verification of identity requirements, including clarification of the requirement to re-verify the identity of persons (see 6.5)
- Amendments to security and integrity provisions applicable to Users (see 7.2) and Digital Certificates (see 7.5)
There have also been amendments to definitions and eligibility requirements across both the Model Operating Requirements and Model Participation Rules.
ARNECC will review and publish updated Guidance Notes on the ARNECC website to reflect the new changes and assist Subscribers and Electronic Lodgment Network Operators to comply with their obligations.
The NSW Participation Rules and NSW Operating Requirements adopting the Model Participation Rules and Model Operating Requirements are published on our website:
NSW Participation Rules Version 6
NSW Operating Requirements Version 6
Enquiries may be made via email to the Office of the Registrar General at [email protected].