Electronic conveyancing

Electronic conveyancing is now the standard settlement process in Western Australia, replacing the time-consuming paper-based settlement process that has been in use for more than a century.

For further information on electronic conveyancing including which documents can be lodged electronically refer to ELE-01 Electronic Conveyancing

Landgate's Electronic Conveyancing Roadmap

Sympli Australia Pty Ltd (Sympli) has commenced operations in WA on in January 2022. Sympli is the second Electronic Lodgment Network Operator (ELNO) approved in WA.

To enhance the electronic processing of transfer transactions Landgate has been working with RevenueWA and the ELNOs to develop an e-conveyancing hub. The hub will enable duty information to be passed from RevenueWA to the ELNOs via Landgate’s systems. This will allow greater transfer document capability including transfers by administrators/executors and additional transfer consideration types. Further information regarding the hub, including the go-live date will be provided via a customer information bulletin. You can subscribe to Landgate’s customer service bulletins on the customer service bulletin page.

The current focus of Electronic Lodgment Network Operators (‘ELNOs’) and Land Registries nationally to implement an interoperable and competitive electronic conveyancing market has caused some delays to Landgate’s development roadmap.  Development is progressing well on the residual documents which incorporates many of the remaining document types.

Interoperability

Interoperability links ELNOs to enable users (conveyancers, lawyers or financial institutions, referred to as ‘Subscribers’) to be a Subscriber to one ELNO and transact with a user of another ELNO, without having to subscribe to both.

Following consultation and industry support, the principle of requiring interoperability between ELNOs in the Electronic Conveyancing National Law (ECNL) was unanimously supported by all states and territories in September 2020.

The Australian Registrars National Electronic Conveyancing Council (‘ARNECC’) are working towards the following timeline:

• November 2021:ARNECC released draft version 7.1 of the Model Operating Requirements and explanatory notes which can be viewed on the ARNECC website.  The consultation period closed on 6 December 2021.
• February 2022: NSW introduced changes to the electronic conveyancing national law into NSW Parliament, known as the Electronic Conveyancing National Law Amendment Bill 2022
• 12 May 2022: The Electronic Conveyancing National Law Amendment Bill 2022 is passed by NSW parliament.
• March 2023: Commence with ‘Day 1 transaction’ in QLD and NSW (being a limited scope refinance, not available in the market generally), and.
• Mid-2023: commence further implementation in other jurisdictions in phases, which 2 jurisdictions in each phase.

For those who are interested in following the updates in more detail please see our dedicated interoperability page.

Further information about the ECNL changes and consultation process will be published on the ARNECC website as it becomes available.

WA Participation Rules

Subscribers must comply with the WA Participation Rules.

Section 23 of the Electronic Conveyancing Act 2014 (‘ECA’) authorises the Registrar of Titles (the Registrar) to determine the Participation Rules relating to the use by Subscribers of an Electronic Lodgment Network (‘ELN’).

In determining the Participation Rules, ECA s24 requires the Registrar to have regard to the desirability of maintaining consistency with any model provisions. ARNECC published Model Participation Rules Version 6 in February 2021.

WA Participation Rules Version 6 (WAPRv6)  [PDF 2,670KB] have been prepared having regard to MPRv6.

WAPRv6 came into effect in Western Australia on 12 April 2021.

WA Participation Rules Version 6 marked up is a version showing the changes made between version 5 and version 6.

Refer to ELE-03 WA Participation Rules, WA Operating Requirements and Waivers for previous versions of the Participation Rules.

WA Operating Requirements

ELNOs must comply with the WA Operating Requirements.

Section 22 of the Electronic Conveyancing Act 2014 (ECA) authorises the Registrar of Titles (the Registrar) to determine, in writing, the Operating Requirements for:

(i) the operation of an ELNO; and

(ii) the provision and operation, by an ELNO, of an ELN.

In determining the Operating Requirements, ECA s24 requires the Registrar to have regard to the desirability of maintaining consistency with any model provisions. ARNECC published Model Operating Requirements Version 6.2 (MORv6.2) in May 2023.

WA Operating Requirements Version 6.2 (WAORv6) [PDF 3,261KB] have been prepared having regard to MORv6.2.

WAORv6.2 will come into effect in Western Australia on 16 June 2023.

WA Operating Requirements Version 6.2 marked up is a version showing the changes made between version 6.1 and version 6.2.

Waivers

Under section 27(1) and (2) of the ECA, a waiver from the obligation to comply with a provision of the Participation Rules and the Operating Requirements may be granted if it is reasonable in all the circumstances.

The table below contains all waivers for versions 6 of the WAPR and WAOR which have been granted.

Refer to ELE-03 WA Participation Rules, WA Operating Requirements & Waivers for previous waivers.

Subscriber Compliance

Landgate follows a nationally consistent Subscriber Compliance Program approved by ARNECC.

Refer to the Subscriber Compliance page for further information regarding the program and recent Compliance Examination results.