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AICWA Media Release 12 April, 2018

Electronic lodgement of land transfer by regulation

Rick Mazza, MLC Member for Agricultural Region Shooters, Fishers and Farmers Party has today withdrawn his disallowance motion to reject regulation gazetted by the Minister for Transport, Planning and Lands Ms Rita Saffioti, that would have seen a mandated requirement of the use of electronic conveyancing commencing May 1st 2018 on the basis that he has reached an agreement with the Minister and the Registrar to postpone the mandate until December 1st 2018. The postponement demonstrates a genuine understanding & appreciation of the concerns raised by the conveyancing industry and the AICWA. It is expected that Landgate will issue a CIB by next week advising of the changes. A media statement by Rick Mazza can be viewed HERE.

The Australian Institute of Conveyancers (WA), the peak body representing property conveyancers in WA previously advised of the dangers a premature mandate posed to the interests of consumers while benefiting a single monopolized operator.

The decision to postpone the implementation date for regulation until December 1st provides additional time for concerns raised by AICWA to be addressed such as:

  • the lack of consumer protection due to inadequate price control mechanisms;
  • the lack of downward pressure on prices whilst PEXA’s monopoly is protected by significant barriers to the entry for competitors;
  • the inadequacies of a system whereby the lack of account number/name authentication creates a threat to consumer protection;
  • the requirement to amend  Part 5 - rule 23 of the Settlement Agents Code of Conduct (2016) so as to be replaced by a reference to adherence to Australian Consumer Law; the necessity to increase scope of eligible documents to be completed electronically

It is pleasing to note that many of the concerns raised by AICWA are being addressed in a Consultation Draft of changes to the Model Operating Requirements (MOR). The MOR is a key component of the legal framework for electronic conveyancing. The Consultation Draft includes new pricing, integration & separation frameworks designed to enhance the effective regulation of the electronic conveyancing environment.

The AICWA acknowledges the efforts of Rick Mazza, MLC Member for Agricultural Region Shooters, Fishers and Farmers Party, Minister Saffitoi, her staff, as well as Landgate in appreciating the impacts premature mandating would have had on the conveyancing ecosystem.

AICWA look forward to a continued commitment by the State Government and key stakeholders in support of the transition to e-conveyancing.  

 

For further information, please contact:

Dion Dosualdo – 0421339685 – ceo@aicwa.com.au

About AIC WA

AIC WA is the peak body representing specialist Conveyancers in Western Australia, and is a member of the Australian Institute of Conveyancers. The Institute’s goal is to advance the profession of conveyancing in WA, and it is committed to best practice, ethical standards and appropriate service standards ­– upheld by a Code of Conduct for its more than 250 members across the State. The Institute works closely with Landgate, the Office of State Revenue and the Department of Mines, Industry Regulation and Safety to ensure benefits for both the Conveyancing profession and the consumers who use our services

 

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