NAM-02 Name Suppression

Version 1.0 14/07/2017

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Overview

Name Suppression is available to eligible people to apply to the Registrar of Titles to have their details suppressed from Landgate’s searching indexes and data extracts. This is contained in the Transfer of Land Regulations 2004. The Name Suppression service is available only to people who can prove they are at risk of personal harm should their details be easily discoverable.

The land titles register is an open, public searchable register created under the Transfer of Land Act 1893. The land titles index enables the public and professionals to search the register and obtain information about property owned by individuals. This information is often an indication of where people live and discovery may place some property owners at risk.

A successful Name Suppression application will not change a record in the land titles register. It will however, remove the details associated with a suppressed name from name searching indices and from datasets/data extracts administered by Landgate.

Name Suppression prevents enquirers from using a suppressed name as a starting point from which to discover an address. It will not completely prevent a Name Suppression applicant’s details from being discovered, because a suppressed name (and address) may still be discovered by using other search criteria such as an address, undertaking a title search or a lot on plan search.

Registration fees are not payable on the lodgement or removal of a Name Suppression.

2 Eligibility for Name Suppression

People who are eligible for Name Suppression are people (and/or their family members) who have been subjected to direct threats of violence. However, if you can prove that you have become a silent elector then this will remove the need to establish to the Registrar of Titles that you have been subject to direct threats of violence.

Applicants are eligible if they:

- own a property

- hold an interest in property

- have lodged a purchaser’s caveat over property

or

- are a donor or donee of a Power of Attorney lodged with Landgate.

All applicants must provide evidence of their eligibility. For applicants who are a silent elector registered with the Western Australian Electoral Commission and/or the Australian Electoral Commission, production of proof of Silent Elector Status is sufficient that a threat exists.

The nature of an applicant’s occupation does not itself give rise to a right to have that person’s name suppressed under the requirements for having their name suppressed.

3 How to Apply for Name Suppression

To apply you will need the Name Suppression application pack and forms which can be obtained:

- online by visiting landgate.wa.gov.au and searching ‘changing title details’ to download an application pack and forms

- by email request to NSO@landgate.wa.gov.au

- by telephone request on +61 (0)8 9273 5900

or

- at Landgate’s Midland office.

If you are a silent elector registered with the Electoral Commission, you will need to complete and submit the Application form NS, and a Statutory Declaration to verify your identity in relation the Certificate of Title or any other document to which you wish the suppression to apply, and to confirm that you are the same person as identified in your silent elector letter from the Electoral Commission. You will need to sign the Statutory Declaration in the presence of an authorised witness.

If you are not a silent elector you also need to complete the Application form NS and Statutory Declaration however the declaration in addition to verifying your identity in relation to the Certificate of Title or any other document to which you wish the suppression to apply, will need to state why you believe that you or your family are at risk of harm and provide evidence to substantiate your claim. You will need to sign the Statutory Declaration in the presence of an authorised witness.

There is no registration fee payable for the lodgement of a Name Suppression application. Your application will be considered by a delegate of the Registrar of Titles and you will be notified of the outcome in writing

4 How to Submit your Name Suppression Application

Your application and all related documents must be posted in a sealed, secure envelope addressed to:

‘CONFIDENTIAL’

Landgate

Name Suppression Officer

PO Box 2222

MIDLAND WA 6936

To ensure confidentiality do not put your name on the envelope. Your name should appear only on the application form and on any supporting documentation.

You may also hand deliver your application and supporting documentation to Landgate’s Midland office.

5 Extent of Name Suppression

A suppressed name will remain suppressed until a formal Withdrawal of Suppression request has been completed by the applicant and processed by Landgate. Applicants of a Withdrawal of Suppression will need to provide evidence to satisfy a 100-point identification check.

You will need to make a new Name Suppression Application:

- if you acquire new property or interests in land

- lodge a new purchasers caveat

- and/or become a donor or donee of a Power of Attorney lodged with Landgate

- if you change your name

- if you subdivide your land (on title with name suppression)

- if you transfer your land to another person (your record as an ‘Ex Owner’ will be suppressed).

There is no registration fee payable for the removal of a Name Suppression.

6 Also see

- NAM-01 Name Amendment


This page was last updated on: 04 Sep 2018