Landgate's new Verification of Identity practice direction (VOI), which has been introduced for the purpose of reducing fraud and improper land dealings, becomes compulsory from 1 January 2013. It is important for people either working within the property industry or dealing with property to know what this means for them.
The VOI relates to 7 different transaction documents only, being:
- A Transfer of Land where you are the Seller
- A Mortgage where you are the Mortgagor
- An Application for Lost Certificate of Title
- An Application for a new Certificate of Title
- An Application by Personal Representative where you are the Executor or Administrator
- An Application by Survivor where you are the joint registered proprietor
- A Power of Attorney but not an Enduring Power of Attorney
Pursuant to the VOI, the person who is responsible for completing the verification of identity is:
- For a Transfer of Land – the Solicitor or Conveyancer for the Seller
- For an Application for New/Lost Certificate of Title – the Solicitor or Conveyancer for the Applicant
- For an Application by Personal Representative or Survivor – the Solicitor or Conveyancer for the Applicant, being either the joint registered proprietor, Executor or Administrator
- For a Power of Attorney – the Solicitor for the Donor, being the person granting the Power of Attorney
The VOI requirements differ depending on whether the transaction document is being signed within Australia or overseas, but in each instance the identity documents required from the person being identified must be current and original.
If a person is signing a document within Australia then the highest of the following categories of documents is required.
| Category | Minimum Document Requirements |
| 1 |
Australian Passport and Australian Drivers Licence or Australia Proof of Age Card with photo |
| 2 |
Australian Passport and Birth or Citizenship or Descent Certificate or Resident Visa and Medicare or Centrelink or DVA Card |
| 3 |
Australian Drivers Licence or Australian Proof of Age Card with photo and Birth or Citizenship or Descent Certificate or Resident Visa and Medicare or Centrelink or DVA Card |
| 4 |
Declaration of Identity and Birth or Citizenship or Descent Certificate or Resident Visa and Medicare or Centrelink or DVA Card * When accepting a Declaration of Identity you must ensure that it includes all information required by Landgate, that certified copies of the identification documents for the person being identified are attached to the Declaration, and that the identity of the person signing the Declaration is also identified pursuant to the practice direction. |
|
5 For Foreign Nationals Residing within Australia |
Foreign Passport and Australian Visa and Current Rates Notice for the property and Drivers Licence *if there is no rates notice, a letter from the local authority stating the name of the land owner(s) recorded on their records is sufficient. |
| If required in any of the above categories, a Change of Name or Marriage Certificate should be obtained |
If the person is signing the document outside of Australia then the highest of the following categories of documents is required.
| Category | Minimum Document Requirements – must include at least 1 form of identification with a photo and signature |
| 1 |
Australian or Foreign Passport and Drivers Licence or other equivalent photo ID issued by a Government body and Current Rates Notice issued by the local government for the property *if there is no rates notice, then a letter from the local authority stating the name of the land owner(s) recorded on their records is sufficient. |
| 3 |
Australian or Foreign Passport or Birth Certificate if a passport has not been issued and Drivers Licence or other equivalent photo ID issued by a Government body and Current Rates Notice issued by the local government for the property *if there is no rates notice, then a letter from the local authority stating the name of the land owner(s) recorded on their records is sufficient. |
| If required in any of the above categories, a Change of Name or Marriage Certificate should be obtained |
In each instance, the person responsible for completing the verification of identity should ensure that they retain certified copies of all identification documents on file in the event that they are ever required.
There may be instances where the same person or company deals regularly with property and, in those circumstances, there is an exemption to the direction for only:
- Mortgage; and
- Transfer of Land documents.
The above exemption only applies to a person once the VOI has been satisfied on two occasions for the same type of transaction document and, in the case of a mortgage, this applies only where the Mortgagee (Bank) is the same. If the exemption requirement is met, then the VOI will not need to be completed for subsequent transactions for that person for the following two years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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