From 9 November 2015, lawyers, conveyancers, and mortgagees have been required to verify the identity of their clients before any dealing can be lodged at the Land Titles Office for registration and before any duplicate Certificates of Title for a client are handed to that client.
The verification of identity requirement applies to, but is not limited to:
- Transfers of Land.
- Withdrawal of Caveats.
- Discharges of Mortgage.
- Plans of Subdivision and Consolidation.
- Application by Surviving Proprietor.
The obligation to verify identity extends to attorneys under the Power of Attorneys and Directors for companies.
Verification of Identity (“VOI’) Documents
For a client to have their identity verified, they will be required to produce the original identification documents specified in either option 1 or option 2 (refer below):
| Identification Documents | |
| OPTION 1 | ¨ Australian Passport or foreign passport;
¨ plus Australian driver’s licence or Photo Card, ¨ plus change of name or marriage certificate where names on identification are inconsistent. (All original Identification Documents must be presented at the VOI interview). |
| OPTION 2 | ¨ Australian Passport or foreign passport;
¨ plus full birth certificate or citizenship certificate or descent certificate; ¨ plus Medicare or Centrelink or Department of Veteran Affairs card, ¨ plus change of name or marriage certificate where names on identification are inconsistent. (All original Identification Documents must be presented at the VOI interview). |
If a client does not have the document/s to comply with option 1 or option 2 requirements, they should seek further advice immediately about the additional requirements that must be met.
VOI Interview
Clients must attend an in-person interview with their original identification documents. This can be done at their lawyers’, conveyancers’, or mortgagees’ offices. The lawyer, conveyancer, or mortgagee may charge a fee for this service.
A VOI interview can be conducted by Australia Post if the lawyer, conveyancer or mortgage has registered to use these services with Australia Post. A client must attend a participating Australia Post branch with the Australia Post Land Title Identity Verification Form and their original identification documents. A photograph will be taken at the appointment to confirm that the client was physically present at the interview. Upon completion of the VOI interview, Australia Post will send the completed VOI to the client’s lawyer, conveyancers or mortgagee using a secure portal. The cost of the service provided by Australia Post is $39.00 inclusive of GST per person. All fees are payable to Australia Post at the time of your appointment.
Non-represented Parties
If any party to a paper conveyancing transaction is a non-represented party, that person must have their identity verified by an Approved Identity Verifier, e.g., Australia Post. The Approved Identity Verifier will need to take the required verification of identity form, their original identity documents, and any documents associated with the transaction to their face-to-face interview with the Approved Identity Verifier.
For further information on VOI requirements or to make an appointment to verify your identity, please contact us at 5303 0281 or property@ballaratlawyers.com.au.
For more information on our conveyancing arm, click here.
The information on this website is general only. It is not legal advice, nor is it intended to be. You should consult a lawyer for individual advice about your particular circumstances.
Liability is limited by a scheme approved under Professional Standards Legislation.
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