What Do You Need to Know about New Identity Regulations during the Conveyancing Process?

Law Blog

Many different rules exist across various states and territories, to help make the process of conveyancing work properly. From time to time, these rules can change and it's important to keep up with any modifications, in order to ensure that you are better protected during such dealings. One of the more recent changes involves new rules relating to how individual identity needs to be verified during a transaction. What do you need to know about these rules?

Why Are The Rules Changing?

It is increasingly possible to process these transactions electronically, given the type of developments in record-keeping, the proliferation of online business and the general push for efficiency and speed. As electronic lodgements and settlements become more commonplace, standards for safety and fraud prevention are front and centre. Therefore, a number of steps need to be taken to ensure that a client has their specific identity and authority checked and this extends to any person who may be acting on behalf of the end client, as well.

A conveyancer must now follow this directive and must gather evidence that can be kept for a period of years, for identification in the future. This helps to safeguard the conveyancer and others involved in the transaction, should fraud be subsequently found.

What Is Required?

The client has to be interviewed either personally by the conveyancer, or through an identity agent in some cases. The agent could be found at one of the many Australian Post offices, or in the case of an overseas client at a consular office or embassy. The original documents to prove identity must be produced, such as a driver's licence or passport.

What to Do with Anomalies

Sometimes, it's difficult for a client to attend the office of the conveyancer or the identity agent, due to issues associated with available time or travel. It's also possible that no particular post branches participate in the program in the general vicinity of the client, as not all offices do. There may be issues related to the principle documents, as well, such as the absence of a passport or driver's license.

Get Specific Advice

Where such difficulties exist, it's a good idea to have a chat with a licensed conveyancer, to see what other options can be considered. In all cases, it's good practice to work with one of these individuals, especially when it comes to the many and varied rules that exist in addition to verification of identity.

Contact someone that writes wills for more information and assistance.    


20 June 2017

Learning about the law

I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).