Record of Meeting
National Electronic Conveyancing System (NECS)
WA Industry Stakeholder Advisory Group (ISAG) Meeting
(Meeting No: 17)
Date:
Venue:
15 April 2008
1st Floor Meeting Room
18 Mount Street
Perth WA 6000
Attendees:
John Clarey, David Clark, David Elson, Valerie Haskins, Stephen
Johnston, Peter Lakos, Craig Mariano, Rachael Offer, Dave Parry,
Bruce Roberts (Chair) and Sue Taylor.
Apologies:
Sharon Buchanan, Geoff Couper, Steve Fathers, Andrew Hamilton,
Shane Jacob, Craig James, Chris Martin, Michael Parkinson, Amy
Sullivan, John Syminton, Tracey Warren, Georgina van der Kuil and
Jean Villani.
1. Housekeeping Matters

There were no minutes from the previous meeting since it was an information
session conducted by the NECS National Office on 13 November 2007. All
earlier meeting notes can be found on the Landgate web-site at:
http://www.landgate.wa.gov.au/Corporate.nsf/web/Electronic+Conveyancing
2. Update on the NECS National Forums

CM discussed the recent newspaper articles on electronic conveyancing.

At recent national forums, agreement has been reached to include Federal
Government within the National Steering Committee. Subsequently,
electronic conveyancing has now been included as an agenda item on COAG
(Committee of Australian Governments) and SCAG (Standing Committee of
Attorney Generals).

CM indicated that a key area that is still being debated is whether there is a
need for consistent as opposed to uniform legislation across Australia.
Landgate are currently reviewing the legislation and are looking at changes
that are required to support electronic land transactions as well as looking at
underlying TLA (Transfer of Land Act) components such as liabilities.
Landgate’s preference is to pursue consistency in legislation across Australia
as well as driving towards national uniformity in functionality.

A National Project Team (NPT) has been formed after an initial meeting in
Canberra of Land Registry and Industry representatives. The NPT has a single
representative from all principle stakeholder groups (incl: Law Society, AIC
and Land Registries).
VH requested an overview of how the different groups related to one another.
CM provided a diagram at the meeting however the one below is the official
one that has been provided by the NECS National Office (NECO).

Another issue that has generated much comment relates to the use of the
Victorian system (ECV) as the basis for NECS. Victoria is proposing an
alternative model to the NBM that is based on the use of ECV, some other
Jurisdictions have indicated their preference to a ‘green fields’ development.
The details of the alternative model along with changes to the governance
model are to be presented to the NSC by Victoria at the next meeting which is
scheduled for May 2008.
3. Progress to Date

Agreement has been reached at the national level at the formation of NECS
Limited as a holding company for the electronic conveyancing application.
Discussion is continuing on the composition of the Board for this company. It
was also noted that the Victorian presentation to NSC may have an impact on
the governance arrangements.

The WA review of the legislation has commenced with a determination being
made of what primary and subsidiary legislation will be effected by the
proposed changes. Once this exercise has been scoped, work will commence
on the drafting instructions. This includes extensive Industry consultation.

Landgate is progressing with the business reforms that have been previously
discussed at earlier ISAG meetings. Key areas of proposed change are:
o Client Identity Verification (CIV) – looking at implementing a 100
point check for applications requesting replacements for lost titles. As
previously discussed, the identity check will be undertaken by the
Conveyancer. The 100 point check will be gradually introduced for
other instruments.
Q: A question was raised on whether a financial institute can confirm
that a 100 point check has been carried out on a Client to the
Conveyancer.
CM indicated that he will place this item on the national agenda.
However the issue was raised on who would be bearing the liability if
the financial institutes are performing the check on another party’s
behalf.
CM indicated that a Customer Information Bulletin that addresses
these questions / issues would be prepared and made available prior to
the launch date (31 July 2008) of this process change.
VH also raised the matter that this change (ie. Client identification)
may have an impact on the Settlement Agent’s Act. CM indicated that
Landgate will be reviewing the legislative impact prior to the
implementation of any change.
o Production of Supporting Evidence – the meeting discussed the
potential issue with the Settlement Agent’s Act on who can sign off the
sighting of evidence. Landgate in the past have undertaken this role of
sighting evidence. Discussion indicated that there was a belief that a
licensed Settlement Agent could sign off on this matter however this
will also need to be confirmed within the legislative review.
o Other Reforms – these included the introduction of On-line Forms, the
use of NDIs (No Duplicate Issued) and other activities associated with
Landgate iLand system changes.
A question was raised in regards to a realistic schedule for NECS in order to
allow for Industry to prepare and adjust for the amount of change that is being
proposed. CM indicated that he believed that implementation of an electronic
conveyancing application servicing WA is about 3 years away.
5. General Issues

CM updated the meeting that earlier advice from NECO in response to
settlement times and days of operation was not correct. There is a single WA
working day that is a public holiday in the eastern capitals, no electronic WA
settlements will available on this day. Additionally, it appears that NECS will
have a limited number of daily settlement times. Probably limited to 2 a day
with the last occurring before 1pm (WST). Details on this matter will be
provided as it becomes available from NECO.
These minutes have been reviewed by the committee and it has been agreed that they
reflect a true record of the meeting of the NECS Steering Committee.
____________________________
Bruce Roberts
Chair – Industry Stakeholder Advisory Group
___ / ___ / ___