To ensure obligations and responsibilities are met, users of electronic conveyancing, known as Subscribers, may be selected to participate in a Compliance Examination, in accordance with the WA Participation Rules.
Compliance Examinations may be initiated at random or for specific transactions which have been brought to the attention of the Registrar of Titles (the Registrar). Supporting evidence must be provided to demonstrate compliance with the WA Participation Rules.
The Compliance Examination process includes:
- Client Authorisation
- Verification of identity
- Verification of the right to deal
- Retention of supporting evidence.
Section 23 of the Electronic Conveyancing Act 2014 (ECA) allows the Registrar to determine the WA Participation Rules relating to the use of an Electronic Lodgement Network by Subscribers.
In determining the WA Participation Rules, ECA s24 requires the Registrar to have regard to the desirability of maintaining consistency with any model provisions. In February 2021, the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) published Model Participation Rules Version 6.
The #6 Compliance Examinations, provides information which may assist Subscribers to meet their obligations.
Enquiries regarding the WA Subscriber Compliance Program should be directed to firstname.lastname@example.org.
Subscriber Compliance Report
Each jurisdiction is required to submit quarterly Subscriber Compliance Reports to ARNECC on the number of Compliance Examinations conducted and their findings.
Details on the most common errors identified nationally are collated and made available on the ARNECC Subscriber Compliance Guidance webpage.
In January 2022, WA commenced randomly selecting Subscribers for a Compliance Examination. You will find the results of the Compliance Examinations conducted in WA for the 2021-2022 financial year below.
Between the 2020-2021 and 2021-2022 financial years, there was a significant variation on the number and types of issues identified with each principle, including the documentation or evidence provided. The majority of non-compliance issues in the 2020-2021 financial year related to Certifications, whereas the main issues in the 2021-2022 financial year related to Client Authorisation and the Right to deal.
WA Subscriber Compliance Errors 2020-2021 vs 2021-2022
Examples of common errors
Further information based on the Compliance Examinations findings, including clarification of the procedural requirements are as follows: