Authority Updates - South Australia - October 2016

SA Registrar Compliance Examinations to begin late September

With the introduction of electronic conveyancing and the new conveyancing requirements, a new nationally aligned Compliance Program is being introduced in South Australia.

The Compliance Program has been established to monitor that the obligations an practices that support the certifications made by the Legal Practitioner, Registered Conveyancer or Mortgagee - for both the paper and electronic transactions - are being met as they relate to:

  • Verification of Identity
  • Verification of Authority
  • Client Authorisation
  • Retention of Evidence
  • Digital Signing (for electronic transactions only)

Section 220A of the Real Property Act 1886 and Section 33 of the Electronic Conveyancing National Law (South Australia) Act 2013 provide the Registrar-General with the power to undertake a Compliance Examination. 

Compliance Examination Procedure

Representatives will be selected at random and given written notice from the Registrar-General. The Compliance Examination Notice will be sent to the email address recorded for th Representative so it's important to make sure these are up to date.

The Notice will:

  • outline the transaction(s) for which evidence of compliance is sought
  • detail the documents and information that are to be provided (copies only)

Timeframe for Response

Representatives will have 10 business days, from the date the Compliance Examinatio Notice was sent, in which to produce the documents and information requested.

Provision of Evidence

Copies of the documents and information requested can be provided to the Registrar-General through 
these methods:

  • By email to DPTI.LTOCompliance@sa.gov.au
  • In person at the Lands Titles Office - 101 Grenfell Street ADELAIDE
  • By registered mail, addressed to:
    Office of the Registrar-General
    Compliance Examination
    GPO Box 1354
    ADELAIDE SA 5001

Representatives will receive an acknowledgement of receipt via email.

Notification of Outcome

The Registrar-General will conduct a desktop evaluation of the submitted documentation
against the transaction(s) selected for Compliance Examination.
Once the Compliance Examination is complete the Representative will receive notification
(by email) of the Examination results.

A satisfactory Compliance Examination will require no further action or correspondence.

An unsatisfactory Compliance Examination result may require the Representative to:

  • Provide further documentary evidence
  • Provide a written explanation addressing the deficiencies identified and outline th controls to be implemented to prevent a re-occurrence
  • In particular circumstances of gross deficiency, a face-to-face interview with the representative or an on-site visit to their office may be requested.

The first round of Compliance Examination Notices will be sent out in late September.

Should you have any concerns regarding the Compliance Examination Notice, you can contact the SA Registrar at any point at DPTI.LTOCompliance@sa.gov.au

Or if you require additional information please refer to New ARNECC Guidance Note - Compliance Examinations (Please link this to item on the National Authority update page)

Read more of South Australia Authority Updates

Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.