ELE-01 Electronic Conveyancing

1. Overview

In 2008, a Council of Australian Governments’ (COAG) agreement challenged all states to introduce electronic conveyancing as part of the Commonwealth’s push towards a national seamless economy.

Since then, Landgate has engaged with stakeholders to develop electronic conveyancing as an initiative to increase productivity, improve the security and integrity of land tenure information, and bring the conveyancing industry into the digital age.

The Australian Registrar’s Electronic Conveyancing Council (ARNECC) is the regulatory structure that was established to regulate the process of electronic conveyancing. The legislation requires electronic dealings to be prepared and lodged via an Electronic Lodgment Network (ELN) that has the capability of providing the facility for funds transfers. The entity that owns the ELN is an Electronic Lodgment Network Operator (ELNO).

The Regulatory framework for National E-Conveyancing consists of the Electronic Conveyancing National Law (ECNL), Operating Requirements and the Participation Rules.

The ECNL governs the provisioning and operation of electronic conveyancing in Australia. It is implemented by separate legislation in each State and Territory. The Electronic Conveyancing Act 2014, (ECA) provides for electronic conveyancing in Western Australia by enacting provisions that correspond to the ECNL and in that way achieve the object of that law.

In 2014, Landgate received its first transaction via Property Exchange Australia Ltd (PEXA), who was the only ELNO operating in Western Australia at that time. In January 2022, Sympli Australia Pty Ltd (Sympli) was approved to operate an ELN in WA.¹

¹Paragraph updated 20/12/2022

Landgate has made lodgement of the following documents possible electronically:²

• Discharge of Mortgage (mandated from 1 Dec 2018)
• Mortgage (mandated from 1 Dec 2018)
• Transfer (mandated from 1 Dec 2018)
• Caveat (mandated from 1 Dec 2018)
• Withdrawal of Caveat (mandated from 1 Dec 2018)
• Change of Name (available from 10 Feb 2020)
• Survivorship Application (available from 09 Nov 2020)
• Residual documents – see ELE-04 for full document list and implementation dates

²Dates and residual documents added 20/12/2022

Paper lodgement will not be accepted for mandated documents unless the instrument(s) cannot be lodged using an Electronic Lodgment Network (ELN) and a completed Request to accept paper lodgement form is attached. Reasons are to be clearly set out in the Request to accept paper lodgement form. If the reason for lodging in paper is not an option shown on the form, prior acceptance for paper lodgement should be obtained by emailing dealings@landgate.wa.gov.au. Please note that not being an existing ELN Subscriber is not an acceptable reason to prepare and lodge an eligible document in paper.¹

¹Paragraph updated 20/12/2022

Electronic conveyancing delivers benefits to all stakeholders across the industry by:

• Determining settlement preparedness of each party well before the agreed date.
• Eliminating the need to attend settlements in person.
• Making settlement funds available immediately.
• Maintaining the accuracy of the Land Titles Register.
• Providing better security and robustness of the system.

Additional information on becoming a Subscriber to an ELNO can be obtained from Section 7 Access to Electronic Conveyancing below.

2. Useful Links

Information on the rules, regulations and operating requirements can be accessed via the below links:

• Electronic Conveyancing
• Document eligibility
• WA Participation Rules
• Model Participation Rules Guidance Notes - ARNECC (these guidance notes are applicable to the WA Participation Rules)
• WA Operating Requirements
• Model Operating Requirements – Guidance Notes – ARNECC (these guidance notes are applicable to the WA Operating Requirements)
• Electronic Conveyancing Act 2014 (WA)
• Subscriber Compliance and Results
• ELE-02 WA Subscriber Compliance Process
• LOD-01 Lodging of Electronic Documents
• Land Transaction Procedure Guides
• ARNECC website

3. Model Operating Requirements (MOR)

ARNECC has developed Model Operating Requirements (MOR) to ensure consistency across jurisdictions where possible. Each state then adopts its own requirements version to incorporate state-specific legislation. ELNOs are required to comply with the Registrar’s Operating Requirements in each jurisdiction.

In Western Australia, ELNOs are required to comply with the WA Operating Requirements (WAOR).

To review and download the current WAOR and related Guidance Notes please click on the below links:

• WA Operating Requirements  
• Model Operating Requirements - Guidance Notes

Links to previous versions of the WAOR are contained in ELE-03 WA Participation Rule, WA Operating Requirements and Waivers.

4. Model Participation Rules (MPR)

In order to conduct property transactions electronically, conveyancing industry representatives are required to become a Subscriber with an ELNO. ARNECC has developed Model Participation Rules (MPR) to ensure consistency across jurisdictions where possible. Each state then adopts its own requirements version due to the different legislation and organisational structure across the states. In Western Australia, Subscribers are required to comply with the WA Participation Rules (WAPR).

To access the current WAPR or related Guidance Notes, please click on the below links:

• WA Participation Rules
• Model Participation Rules Guidance Notes

Links to the previous versions of the WAPR are contained in ELE-03 WA Participation Rules, WA Operating Requirements and Waivers.

Additional information on becoming a Subscriber to an ELNO can be obtained from Section 7 Access to Electronic Conveyancing below.

5. 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 circumstances.

For more information on current waivers that have been granted please refer to ELE-03 WA Participation Rules, WA Operating Requirements and Waivers

Links to the previous waivers are contained in ELE-03 WA Participation Rules, WA Operating Requirements and Waivers.

6. Exemptions

Under Regulation 8F of the Transfer of Land Regulations 2004 the Registrar of Titles may grant an exemption to the requirement to lodge an instrument or transaction electronically.

The Registrar of Titles has granted an exemption to the requirement to lodge the following instruments/documents electronically –

• Registry instrument exempt from fees under Schedule 2 of the Transfer of Land Regulations 2004.

7. Access to Electronic Conveyancing

Section 4 of the WAPR outlines eligibility criteria to become and remain a Subscriber to an ELNO.

There are two ELNOs operating in WA:

• Property Exchange Australia Ltd (PEXA) https://www.pexa.com.au; and
• Sympli Australia Pty Ltd (Sympli) https://www.sympli.com.au

Conveyancers, lawyers and financial institutions must become a Subscriber in an ELN before being able to lodge documents electronically. To subscribe to an ELN please contact the respective ELNO.

Following consultation and industry support, the principle of requiring interoperability between ELNOs in the ECNL was unanimously supported by all states and territories in September 2020. For updates and detailed information refer to the ARNECC website or the Interoperability page on the Landgate website.