eConveyancing Subscriber compliance regime
A rigorous compliance regime for Subscribers is an integral part of eConveyancing. ORG is responsible for auditing Subscribers in NSW.
As most property transactions are now conducted electronically, ensuring that all Subscribers are aware and compliant with their obligations is paramount in maintaining the integrity and security of the eConveyancing system and Torrens Title Register in NSW.
NSW Land Registry Services (NSW LRS) has been carrying out these examinations on behalf of ORG since September 2017. When a Subscriber is selected for a Compliance Examination, NSW LRS will send a notice to the email address registered with their Electronic Lodgment Network Operator. The email address that the notice is sent out from is [email protected].
As required by section 34 of the Electronic Conveyancing (Adoption of National Law) Act 2012 and reiterated in the NSW Participation Rules, Subscribers must cooperate fully in a Compliance Examination. This includes responding to an examination notice within the allocated timeframe.
As part of this audit process, Subscribers are required to provide documents and evidence that they have complied with the NSW Participation Rules, including copies of clients’ identity documents, right to deal evidence and client authorisation forms. The relevant documents and evidence will be required to be uploaded onto a secure portal (called Kiteworks) where personal information is protected.
Non-compliant Subscribers may be referred to ORG for further action, which may include issuing of show cause notices or suspension or termination of the Subscriber. A failure to respond to a Compliance Examination notice can also result in a suspension.
To assist Subscribers, ARNECC has prepared ARNECC Guidance Note #6: Compliance Examinations to help Subscribers meet their obligations.
ARNECC has also published reports detailing common errors found in Subscriber Compliance Examinations.
Please see a news item titled ‘Don’t ignore a Subscriber compliance audit request’ that outlines consequences of ignoring a Compliance Examination notice.
For queries relating to your Subscriber Compliance Examination notice, the process or the secure portal, please contact NSW LRS.
For guidance on how to use Kiteworks, please see the Guide on uploading documents.
For other information about Subscriber Compliance Examinations, please contact us.