Office of the Registrar General update
December 2023 As the year draws to a close, we would like to express our thanks for your support throughout this year. In this final update of the year, we have included news and some reminders of useful information shared over the course of 2023.
As always, please contact us via our website form or by email to ORG-Admin@customerservice.nsw.gov.au if you have any questions regarding our update.
We wish you a joyous holiday season and look forward to our continued partnership in the coming year. Kind Regards
Danusia Cameron
NSW Registrar General Updates: - Strata reforms commenced 11 December 2023
- Lodgment of certain caveats
- ARNECC publishes Consultation Draft – Electronic Conveyancing National Law Enforcement Framework
- Interoperability - Ministerial support and ARNECC announcement on scope
- Lextech achieves Category One compliance
Reminders: - Client Authorisation form version 6
- Subscriber compliance information sheet
- Keep your Subscriber details up to date on PEXA and Sympli
- Boundary Determination information sheet
- Seeking industry feedback on NSW LRS Connect
Year End: - NSW LRS End-of-year
operating hours
- The Office of the Registrar General End-of-year operating hours
Strata reforms commenced
11 December 2023The Strata Legislation Amendment Act 2023 received assent on 11 December 2023, with most provisions now in force. This Act marks the first phase of reforms that will give immediate benefits to people living in strata. The legislation implements 31 recommendations from the 2021 Report on the statutory review of the strata laws, making the strata renewal process more transparent, and addressing by-laws about pets and assistance animals, strata and association committees and overall governance. Please visit the NSW Government website for more information about the changes, and visit the NSW legislation website to access
the law. The Office of the Registrar General will work with NSW Fair Trading throughout 2024 to develop legislation implementing the remaining review recommendations.
Lodgment of certain caveatsThe Supreme Court of NSW in Brose v Slade [2022] NSWSC 1785 determined that the electronic caveat form should offer “beneficial estate or interest (or similar)” as the estate or interest type claimed. The Office of the Registrar General is looking closely at possible changes to the electronic caveat form to address the matters raised in the judgment. In the interim, Subscribers who need to lodge a caveat in the same form espoused in Brose v Slade will need to do so as a
Dealing with Exception (DwE). For more information, please visit our website.
ARNECC publishes Consultation Draft – Electronic Conveyancing National Law Enforcement FrameworkOn 30 November 2023, ARNECC published a paper setting out a proposed framework for broader enforcement powers under the Electronic Conveyancing National Law. This paper builds on the position paper previously circulated to industry in April 2021 by highlighting key changes and providing stakeholders with greater clarity on the
framework and its operation. Stakeholders will have until 2 February 2024 to provide submissions on the proposal.
Interoperability - Ministerial support and ARNECC announcement on scopeOn 9 November 2023, Federal and State and Territory Ministers and their representatives met with industry to discuss the progress of the interoperability reform. Ministers reaffirmed their support for the interoperability solution to be built as quickly as possible, and welcomed the finalisation of timelines for Release 1, 2 and 3 of the interoperability functionality. Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has also published a statement on the scope of interoperability and key principles that apply to the reform. The
Ministers’ Statement and ARNECC’s statement on scope and principles are available on the ARNECC’s website.
Lextech achieves Category One complianceOn 14 December 2023, ARNECC assessed Lextech Pty Limited as meeting the requirements of Schedule 3, Category One of the Model Operating Requirements. This is an important first step in the process to become an Electronic Lodgment Network Operator. Lextech can now commence discussions with the Registrar General for an approval to operate in NSW. Further information is available on the ARNECC website.
Client Authorisation form
version 6All Subscribers must ensure that they are using the latest Client Authorisation form (version 6) at the time of execution, which can be found at Schedule 4 of the NSW Participation Rules for Electronic Conveyancing. A copy of the Client Authorisation smart form is available on the ARNECC website.
Subscriber compliance information sheetPlease see our information sheet for guidance on the Compliance Examination process in electronic conveyancing. We would like to remind Subscribers about their obligation under the NSW Participation Rules for Electronic Conveyancing to respond promptly to NSW Land Registry Services and the Office of the Registrar General.
Keep your Subscriber details up to date on PEXA and SympliPlease ensure to keep Subscriber details, including email addresses, up to date with Electronic Lodgment Network Operators (PEXA and Sympli). This obligation on Subscribers to keep its details up to date can be found at Rule 6.2 in the NSW Participation Rules for Electronic Conveyancing. If you are unsure of how to update your details, please contact PEXA or Sympli.
Boundary Determination information sheetPlease see our information sheet on how to lodge an application for a boundary determination for guidance on who may lodge an application, how to apply, and what happens after the Registrar General receives an application.
Seeking industry feedback on NSW LRS ConnectNSW Land Registry Services (NSW LRS) is seeking feedback on the limitations of NSW LRS Connect that would require a continued option for manual lodgment of survey plans, Section 88B Instruments and Administration Sheets. Please email your feedback to connect@nswlrs.com.au and digitalsurveyplans@customerservice.nsw.gov.au
by 31 January 2024. For more information, please see the NSW LRS announcement.
NSW LRS End-of-year operating hoursThe NSW LRS Lodgment Office will be closed to walk-in customers on the public holidays 25 December, 26 December 2023 and 1 January 2024. For entry to the Lodgment office during the building closure dates, appointments can be made via email to losupport@nswlrs.com.au or phone on 02 8776 3575.
The Office of the Registrar General End-of-year operating hoursOur office will be closed between 25 December 2023 to 5 January 2024, and will reopen on Monday 8 January 2024.
|