Regulatory Charter

The Office of the Registrar General (ORG) is a regulator within the NSW land titles system, ensuring its integrity, security, performance and availability. The land titles system refers to the framework of processes, records and infrastructure, including the land titles Registers and the cadastre, that underpins the registration, management and safeguarding of property ownership and interests in NSW.

In July 2017, the NSW Government granted a 35-year concession to the Operator to operate and maintain the Registers and provide titling and registry services previously conducted by NSW Land Property Information (LPI). The Concession Deed sets out the terms of the agreement and the obligations of the Operator. We oversee the Operator’s compliance with the Concession Deed and the enabling legislation, safeguarding the interests of the people of NSW. Our key regulatory role under the Concession is to monitor and oversee the performance of the Concession so that customers and persons who may be affected by the operation of the Concession have access to land titling services that are fit for purpose, reliable and secure.

ORG is also responsible for regulating the electronic conveyancing (eConveyancing) system in New South Wales. This includes responsibility in New South Wales for the Electronic Conveyancing National Law, the Operating Requirements that apply to Electronic Lodgment Network Operators (ELNOs) and the Participation Rules that apply to subscribers in the eConveyancing system (such as lawyers, conveyancers and banks). The NSW Registrar General works closely with other state and territory registrars to harmonise eConveyancing law across Australia through a national council, the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).

We fulfil our role in the context of a range of stakeholders.

• The Operator is responsible for delivering the core titling and registry services and operating the land titles registry in accordance with the Concession Deed. Its performance and compliance impact the system’s integrity, security, performance and availability.
• ELNOs provides the means for customers to lodge dealings at the land registry through their lawyer, conveyancer or bank.
• Subscribers are ordinarily lawyers, conveyancers and banks, who represent customers with property interests in eConveyancing transactions and who contribute information needed by ELNOs to lodge dealings at the land registry and complete the financial settlement of the transaction.
• Customers depend on the land titles system for accessing, registering and verifying property-related transactions. They expect reliable, efficient and fair service delivery, as well as secure handling of sensitive information.
• The Minister for Customer Service and Digital Government has overall accountability for the Concession and eConveyancing in NSW under the Legislative Framework and ensures they align with government policies and objectives, balancing the public interest and regulatory oversight.
• The Surveyor General, supported by Spatial Services, plays a critical role in maintaining the cadastral framework and providing geospatial data that underpin the land titles system. Their work ensures the accuracy of land boundaries and supports reliable property registration and mapping.
• Surveyors represent customers with property interests. They interact with the Operator for lodging plans, obtaining approvals, and ensuring compliance with regulations. Surveyors also provide reports to the Operator to assist in plan examination.
• Other government agencies (e.g., NSW Department of Planning, Housing and Infrastructure) collaborate with or depend on the land titles system for achieving their regulatory, legal or operational objectives (e.g., planning). They require integration and data access to fulfil their mandates effectively.

The following principles govern our work:

• Accountability: We hold the Operator accountable for meeting the obligations set out in the Concession Deed; we hold ELNOs and Subscribers accountable under the eConveyancing regulatory framework; and ourselves as regulator under both regimes. This includes maintaining service standards and the security, integrity, performance and availability of the land titles Registers and eConveyancing system.
• Proportionality: Our actions are proportionate to the risks and consequences of non-compliance. We balance regulatory oversight with the operational and commercial realities faced by our regulated entities, ensuring our responses are appropriate to the circumstances.
• Evidence-based: We base our decisions on robust evidence, including performance data, risk assessments, and relevant expert advice. This ensures our regulatory interventions are well-informed and justified.
• Outcomes-focused: We ensure our actions are directed towards achieving our regulatory outcomes. These outcomes include the ongoing integrity, security, performance and availability of the land titles Registers.
• Transparency: We strive to be open and clear in our regulatory processes, decisions and expectations. This helps stakeholders to understand our approach and provides predictability in how we manage compliance and risks.
• Collaboration: We work closely with other government agencies and stakeholders to achieve our regulatory objectives. Collaborative efforts help us address complex risks and support the NSW land titles system to operate effectively.
• Timeliness: We act promptly to address non-compliance and emerging risks, while recognising when issues require thorough investigation and consideration. Timely action ensures the continued availability and reliability of the land titles Registers.
• Fairness: We make fair and impartial decisions. This ensures trust in the regulatory process and consistency in how obligations are enforced.
• Efficiency: We ensure decisions are made at the lowest appropriate level of authority, minimising unnecessary escalation while maintaining robust oversight and high standards of compliance.

ORG is established to protect and enhance the NSW land titles system by ensuring its:

• Integrity: Maintaining trust in the accuracy and reliability of the Registers and the cadastre.
• Security: Safeguarding the data and systems that underpin the land titles Registers.
• Performance: Ensuring the system operates efficiently and meets users’ needs.
• Availability: Providing continuous and accessible services to the people of NSW.

We monitor and oversee the Operator’s management of delegated functions.

We have a critical role in overseeing the administrative, legislative and regulatory framework of the Concession. The State exercises this control, with the Minister retaining all statutory powers, including oversight of the Torrens Assurance Fund; a statutory compensation fund for persons who have suffered loss or damage as a result of the operation of the Real Property Act 1900. Our responsibility includes monitoring the Operator’s performance with its Concession obligations and overseeing the Operator’s interactions with affected parties.

The Minister for Customer Service and Digital Government and Minister for Lands and Water have delegated specific powers and functions under the Legislative Framework to the Operator, empowering it to provide services and perform its obligations in accordance with the Concession. These delegations can be adjusted or withdrawn by the responsible Minister.

We require the Operator to maintain functional separation from other entities within its group. This is for the purpose of ensuring transparent financial and operational risk management.

We require the Operator to provide substantially the same service quality, timeliness and notifications to all Customers, thereby promoting fairness and transparency. We also require the Operator to provide an equivalent means of connecting to its external interfaces, between customers such as ELNOs. This promotes fair, transparent, predictable and non-discriminatory dealings with customers.

The Concession Deed provides a number of specific areas in which the Operator must seek our approval for key activities or changes. We may provide this approval subject to specific conditions, to ensure that governance and quality assurance risks are mitigated.  These conditions may be applied to ensure that the Operator demonstrates readiness and capability to comply with required standards before proceeding with a proposed change or activity.

When the Operator wishes to develop new services in addition to those core titling and registry services the Operator must deliver under the Concession (being core services), or make changes to any Non-core Services, it must submit proposals to us for approval. We follow a structured process that may include public consultations to ensure these changes align with the Concession's objectives and do not give the Operator any unfair competitive advantages.

The Concession objectives include:

• maintaining the security, integrity, performance and availability of the Registers, Core Assets and Core Services
• ensuring the Registers are accurate and up to date
• maintaining public confidence in the Registers and Core Services
• promoting improvements, innovation and increased efficiency in the Core Services
• protecting competition and opportunities for future competition in related markets.

Since eConveyancing is central to transacting in land in NSW, we require the Operator to support ELNOs and other lodging parties. This includes effective communication and cooperation, ensuring that the Operator works with ELNOs closely on technology changes and consults with us and the ELNOs before making any public statements related to eConveyancing. Such collaboration is essential to maintaining public confidence and efficiently managing incidents involving ELNOs.

We oversee the Customer Terms set out in the Concession Deed to ensure that services are provided equitably.

We play a pivotal role in ensuring the Operator provides equitable services according to the Customer Terms set out in the Concession Deed. The Operator must deliver core titling and registry services in compliance with these terms, including adhering to schedules related to core services and service levels. It is required to report any material breaches to us, particularly involving the misuse of ‘Core Data’ or access to ‘Core Assets’. We may provide reasonable directions to the Operator in relation to enforcing the Customer Terms as they apply to any State rights relating to the Core Data.

The Operator must not discriminate between Customers or Prospective Customers, including by ensuring it provides substantially the same quality, reliability and timeliness of service. Bundling or tying the supply of Core Services with Non-core Services is generally prohibited unless we explicitly approve. We manage changes to the Customer Terms through a collaborative and transparent process. The Operator may propose modifications. Such proposals must align with the Concession Deed's objectives and the Legislative Framework and must not negatively impact Customers’ rights or the integrity of the services. If a proposed change might materially affect any parties, we may initiate public consultations to gather input and ensure transparency. The Operator must provide any reasonably requested assistance, including attending relevant forums and providing input on submissions and feedback received.

We retain the authority to reject any proposed changes to the Customer Terms that do not meet the established criteria or are not in the public interest. We will provide timely notifications of such decisions. If the Operator is dissatisfied with any rejections or required extensions for consideration, it may escalate the issue to an established Joint Consultation Committee between the Registrar General and Operator’s CEO, for further discussion. This process ensures a fair and reasoned approach to managing Customer Terms.

By adhering to these responsibilities and maintaining a cooperative and transparent approach, we ensure the Operator operates effectively, fairly and transparently, fostering trust and accountability among all stakeholders.

Our regulatory approach is centred around two key concepts:

1. We use a risk-based, proportionate response model that assesses the likelihood and impact on stakeholders should there be non-compliance with the Concession Deed and determines the most appropriate regulatory response.
2. We focus on prevention and escalation, addressing emerging risks early while ensuring serious breaches are met with decisive action.

We aim to be firm but fair, promoting compliance through collaboration, clear expectations, and robust enforcement when necessary.

We take a risk-based approach to regulatory compliance and enforcement.

Our regulatory activities ensure that the Operator meets its obligations and that risks to the NSW land titles system are effectively managed. We achieve this through:

• Monitoring and assessing compliance with the Concession Deed and legislation.
• Ensuring the Operator addresses non-compliance and rectifies breaches.
• Engaging with stakeholders to maintain accountability and trust in the system.

ORG has a range of regulatory compliance and enforcement options available to it under the Concession Deed and the enabling legislation. The key options are listed below, ranked according to their seriousness and frequency, with step-in and termination powers being both the most serious and least likely options to be applied.

1. Raise issues at governance forums

   Purpose: Address concerns regarding non-compliance in a collaborative environment.

   Application: Primarily used to address reporting gaps, administrative or emerging patterns of non-compliance, such as inaccurate or incomplete reporting of performance metrics, compliance status, or incidents. Suitable for early-stage or lower-impact risks, allowing the Operator to rectify issues without formal intervention.

2. Publication powers

   Purpose: Encourage compliance with service levels that set expected key performance indicators relating to the availability and timeliness of Core Services.

   Application: ORG publishes on its website quarterly reports detailing the Operator’s performance against those service levels.

3. Informal letters escalating to formal letters

   Purpose: Communicate concerns and seek further information when a potential compliance issue is identified, framing it as a 'risk of non-compliance' rather than an immediate breach.

   Application: Used to prompt the Operator to provide clarification and additional details when a concern arises, particularly in cases where issues may stem from legacy or inherited processes in the early days of the Concession. Helps ORG determine whether an issue constitutes a breach or whether corrective actions are required. Escalated gradually from informal to formal letters if concerns persist or responses are inadequate. Suitable for situations where ongoing delays may indicate a potential breach, requiring ORG to seek assurance that compliance obligations are being met.

4. Audit, information gathering and review powers

   Purpose: Investigate the Operator’s performance and processes to identify systemic risks of non-compliance, provide evidence-based insights, and inform decisions on potential escalation.

   Application: Used to understand how systemic issues materialise within processes and functions, offering a solid foundation for determining whether compliance breaches exist. Audits and reviews may involve third-party auditors to strengthen the evidence base with additional subject matter expertise.

   Audit, information gathering and review powers are distinct under the Concession Deed:

   • Audits: Specific and structured, focused on compliance against defined obligations.
   • Information gathering: Broad, to request information and records, and to observe the performance of the Concession by the Operator by requesting access to the Operator’s resources, practices and procedures, and management personnel for example.
   • Reviews: Broader and more flexible, allowing for investigation of potential systemic issues.

   ORG adopts different approaches to audits, information gathering and reviews:

   • Targeted: Focused on priority areas of concern identified through performance monitoring or in response to specific issues raised by stakeholders.
   • Maintenance: Part of the ORG’s forward plan of audits and reviews, ensuring consistent oversight of the Operator's compliance.
5. Financial penalties for breach of service levels

   Purpose: Impose financial penalties to address breaches of service levels.

   Application: Tied to service delivery non-compliance, with penalties varying depending on the seriousness of the failure (trivial, minor, major or catastrophic) and the culpability of the Operator (minimal, moderate or significant). The culpability of the Operator depends on their prior knowledge of issues, compliance with the Concession Deed, adequacy of preventative measures, and the degree of negligence, recklessness or misconduct involved (if any) in causing or contributing to the service level failure. For example, penalties may apply for prolonged system outages, delays in processing transactions, or failure to meet customer service targets.

6. Directions powers

   Purpose: Direct the Operator to take specific actions for various purposes, for example, to rectify non-compliance or operational issues, correct an error, implement a change, or offer assistance and cooperation to the Registrar General, ensuring that services are delivered in line with ORG’s expectations and regulatory requirements and compliance with regulatory requirements more broadly.

   Application: Used to require the Operator to correct errors or adjust service delivery where non-compliance or significant operational risks have been identified. May be used independently or alongside other regulatory tools as part of a gradual escalation of regulatory action.

   Reserve Power Directions, distinct from these broad directions powers, are detailed below.

7. Corrective action plans

   Purpose: Formalise the Operator’s response to breaches by requiring a structured plan to address and remediate non-compliance, ensuring accountability and timely resolution.

   Application: Applicable to both material and non-material breaches, with the content and urgency of the corrective action plan varying based on the severity of the breach (e.g., 2 days for material breaches, 10 days for non-material breaches).
   
   Used when informal or collaborative approaches have not resulted in adequate resolution or when repeated lower-impact breaches indicate a need for structured intervention. Helps address systemic issues and ensure long-term compliance by requiring the Operator to outline clear remedial actions, timelines and accountability measures.

8. Step-in and termination powers

Purpose: Take over operational control or terminate the agreement in extreme cases of non-compliance.

Application: Reserved for severe risks associated with foundational obligations, such as a failure to maintain the land titles registers, meet critical service levels, or ensure financial accountability. Involves a thorough preparatory phase, with extensive briefing and stakeholder engagement before formal step-in or termination actions are initiated.

The Registrar General can use Reserve Power Directions to create new Core Services and vary Core Services.

The Registrar General is empowered to provide the Operator a Reserve Power Direction:

• to provide a new Core Service
• varying the existing Core Services including the manner in which they must be performed
• reducing the scope of a Core Service or requiring the Operator to cease providing a Core Service
• varying the Lodgment Rules and the Registrar General Guidelines
• varying the manner in which the Operator performs any delegated function to the extent not inconsistent with the relevant delegation under the Legislative Framework.
• varying the Customer Terms.

Reserve Power Directions are used as a functional, less adversarial, way to effect change, and to provide the Operator and other affected parties, with certainty and flexibility in relation to such factors as time of delivery for the change, and key performance indicators.

A Reserve Power Direction cannot require the Operator to breach any law or result in any amendment to or limit of Non-Core Service fees. Such a direction must specify the date on which it will become effective, the time period for implementing the direction, and include the Registrar General’s reasons for making the direction.The Registrar General may conduct a public consultation in relation to any proposed Reserve Power Direction and in those circumstances, the Operator must cooperate with and provide assistance as the Registrar General reasonably requests.

We resolve disputes and manage complaints in a way that ensures transparency and fairness.

When disputes arise regarding the Customer Terms, the Operator or the Customer/Prospective Customer may refer the dispute to us for determination by the Registrar General. We are not obliged to accept a dispute unless we are satisfied that all parties have made genuine efforts to reach a commercial agreement.

To facilitate a resolution, we may direct the Operator to provide relevant information, conduct reasonable research, respond in writing to proposals, and ensure attendance at mediation or conciliation conferences. The Registrar General’s determinations will focus on achieving the Objectives of the Concession, considering prior determinations, selection criteria, Customer Terms, submissions from involved parties, the Operator's legitimate business interests and the interests of all relevant Customers.

Before the Registrar General makes a final determination, we provide a draft determination to the parties for feedback.

We may establish rules for the conduct of these determinations, ensuring compliance by the Operator and the Customer/Prospective Customer. The Operator is bound by any determination we make under these procedures.

In addition to dispute resolution, we also manage complaints about our operations and regulatory functions. While we do not have a separate complaints process beyond that of the NSW Government, customers can lodge complaints about us through the NSW Government’s standard process here. Customers can also engage with us directly via the following channels:

• Privacy-related concerns: Customers may request an internal review under our privacy policy here.
• General inquiries and complaints: Customers can submit an online inquiry here.
• Administrative review process: The ORG Review process, which forms part of our complaints management framework, is detailed here.

Additionally, our Business Operations team reviews and consolidates customer complaints in a monthly report to the Registrar General, which is reviewed by our executive team to identify trends and inform service improvements.

The definitions in this glossary are based on, but not identical to, definitions in the Concession Deed.

Core Assets means the Core Systems, Core Data, and any other resources (excluding personnel) owned, leased, licensed or used by the Operator from time to time to perform the Core Services.

Core Data means all data, records, and documents used or collected in the operation of the NSW land titles system, including information contained in the Registers, historical records, customer transactions, data used or collected in delivering the Core Services and business processes used in performing the Core Services, while excluding data related to Non-core Services and the Operator's internal business functions.

Core Services means the services, functions, processes and responsibilities performed by the Operator under the Concession Deed (excluding Non-core Services) and includes performing certain document registration, titling and plan, information supply and supporting services set out in the Concession Deed, maintaining the Registers, and performing delegated functions.

Core Systems means the information technology environment used for the performance of the Core Services, excluding any software, hardware, infrastructure of systems relating to the Operator's 'back office', accounting, finance, payroll or human resource functions.

Customer means any recipient of the Core Services and Non-core Services.

Customer Terms means the Operator’s terms and conditions for the provision of each Core Service.

Legislative Framework means NSW laws related specifically to the Concession, the Registers, the Core Services, or titling and registry services, including the Conveyancing Act 1919, Electronic Conveyancing (Adoption of National Law) Act 2012, Real Property Act 1900 and Surveying and Spatial Information Act 2002.

Lodgment Rules means the rules made under section 12F of the Real Property Act 1900 on behalf of the Registrar General by the Operator under delegation pursuant to the Land Property Information NSW (Authorised Transaction) Act 2016. These rules govern the lodgment of various instruments, ranging from dealings to deeds and plans, with the Operator.

Non-core Services means services, other than Core Services, provided by the Operator under the Concession Deed as approved by the Registrar General.

Operator means Australian Registry Investments Pty Ltd ACN 617 926 020 as trustee for the Australian Registry Investments Trust and any assignee or novatee of Australian Registry Investments Pty Ltd in accordance with the terms of the Concession Deed.

Prospective Customer includes any person (excluding a retail customer) that proposes to conduct a business of supplying Search Services to retail customers or other downstream services.

Registers means the land titling and registration registers kept by the Registrar General pursuant to the Legislative Framework and maintained by the Operator pursuant to its delegated functions and the Concession Deed; including the Torrens titles register, register of plans, general register of deeds, the central register of restrictions, and the water access licence register.

Registrar General’s Guidelines means the guidelines determined under section 12D of the Real Property Act 1900, to assist with the completion of forms, the preparation and lodgment of dealings, plans and other documents for registration or recording, and relevant practices and procedures.

Search Services means any search of the Registers provided by the Operator, including searches provided through authorised information brokers.

Torrens Assurance Fund means a statutory compensation fund for persons who have suffered loss or damage as a result of the operation of the Real Property Act 1900.