Verification of Identity (VOI) in Tasmanian Property Transactions

August 1, 2024
Posted by: admin
Category: Conveyancing

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Verifying your identity is a key step in any property transaction, helping to protect against fraud and ensuring that only authorised individuals can deal with land. While it may seem like an extra formality, Verification of Identity (VOI) is a legal requirement in Tasmania and plays a crucial role in safeguarding property dealings.

With electronic conveyancing destined to be the standard approach for most property transactions nationally, VOI is now mandated in Tasmania for all property transactions.

Why is VOI Required?

In Tasmania, lawyers and conveyancers must adhere to the requirements set out in the Land Titles Act 1980 (Tas) and the Recorder of Titles’ Directions. Additionally, practitioners must comply with the standards established by the Australian Registrars National Electronic Conveyancing Council (ARNECC) in the Model Participation Rules.

Important

To proceed with a property transaction, legal practitioners must verify an individual’s identity and ensure they are authorised to undertake the transaction and sign the necessary documents. Without completing this step, settlement cannot occur.

E-Conveyancing in Tasmania

In the past, property transactions in Tasmania were conducted only using paper forms. This required physical documents to be posted, signatures in ‘wet ink’ and bank cheques to be obtained and handed over on the date of settlement. However, with the advancement of technology, e-conveyancing has emerged as a game-changing solution across Australia, simplifying property transactions for buyers, sellers, banks and legal professionals.

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How to Verify Your Identity

All Advocate Lawyers clients are required to complete Verification of Identity (VOI). This can be done in one of two ways:

Online Verification – We use a secure digital verification service with direct input to the Australian Federal Government Document Verification System. Clients receive a link via SMS or email to upload their identification documents and complete the process remotely. This option is convenient, quick, and verifies ID against government databases.
In-Person Verification – Clients who prefer to verify their identity in person can do so at an Australia Post outlet. We provide a pre-filled VOI form, which the client takes to a participating post office, where staff will verify their identity. Clients will need to pay any applicable fees directly to Australia Post.

For further details or assistance, please get in touch.

Document Requirements

While the 100-point system (where different forms of identification carry different point values) is a common method for identification in Australia, it’s not the method used to identify you for ARNECC requirements. The VOI process requires specific identification documents to be presented. The accepted combinations include:

Option 1: An Australian or foreign passport plus an Australian driver’s licence or proof of age/photo card.
Option 2: An Australian or foreign passport plus a full birth certificate or citizenship certificate plus a Medicare card, Centrelink card, or Department of Veterans’ Affairs (DVA) card.
Option 3: An Australian driver’s licence or proof of age/photo card plus a full birth certificate or citizenship certificate plus a Medicare card, Centrelink card, or DVA card.
Option 4: An Australian or foreign passport or an Australian Evidence of Immigration Status ImmiCard or an Australian Migration Status ImmiCard plus another form of government-issued photographic identity document.
Option 5: An Australian or foreign passport or an Australian Evidence of Immigration Status ImmiCard or an Australian Migration Status ImmiCard plus a full birth certificate plus another form of government-issued identity document.
Option 6: An Identifier Declaration plus a full birth certificate or citizenship certificate or descent certificate plus a Medicare card, Centrelink card, or DVA card.
Option 7: An Identifier Declaration by a person specified in the Verification of Identity Standard paragraph 4.4(e) plus a Medicare card, Centrelink card, or DVA card.
Option 8: A foreign passport plus another form of government-issued photographic identity document.
Option 9: A foreign passport plus a full birth certificate plus another form of government-issued identity document.

If there is a change of name between any of the identification documents presented, a marriage certificate or a change of name certificate must also be provided.

It’s Your Responsibility to Prove Your Identity

When buying or selling property, it is your responsibility to prove who you are. This helps prevent fraud and ensures that only authorised individuals can complete property transactions. Under Tasmanian law, you must provide specific identification documents that verify your identity before any transaction can proceed. This process, known as Verification of Identity (VOI), applies whether you are acting on your own behalf or as a representative of a company. Once completed, a VOI remains valid for two years if you work with the same legal representatives.

Completing a VOI is a mandatory requirement for all parties involved in a property transaction. If you have any questions about the VOI process or need assistance with your conveyancing matter, get in touch with our team at Advocate Lawyers.