VOI-02 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority for Self-Represented Parties. Paper Based Transactions

1. Overview

The Verification of Identity Practice (the Practice), issued jointly by the Western Australian Registrar of Titles and Commissioner of Titles sets out the minimum standard of Verification of Identity for registered proprietors and others who sign a range of real property paper documents that are to be lodged with Landgate. 

The Practice is intended to reduce and better manage fraud risk with the aim of strengthening the integrity of the Western Australian Torrens land title system for the benefit of all users of that system. It is also intended to reduce the risk of successful claims for compensation against industry participants, and against the State under the Transfer of Land Act 1893 (TLA).

The Practice outlines the requirements for conducting a verification identity for a paper-based transaction. This Practice is now comprised of the following Guides: 

• VOI-01 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority. Paper Based Transactions 

• VOI-02 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority for Self-Represented Parties. Paper Based Transactions (this document)

• VOI-03 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority. Paper Based Transactions - Foreign Countries 
• VOI-04 Verification of Identity and Authority - Electronic Transactions

If a person does not have a solicitor or licensed settlement agent acting on their behalf, they are referred to as “a self-represented party”.

1.1. Verification of Identity – Inside Australia

Self-represented parties must be identified by an Identifier who is authorised by the Registrar of Titles. Australia Post has been authorised by the Registrar of Titles to conduct Verification of Identity of self-represented parties in accordance with this Practice. Identity verification can be conducted at a participating Australia Post outlet. Australia Post charges $49.00. 

All natural persons signing the land transaction document must be identified, this includes any person/s signing as an attorney or in any other capacity (e.g. as a company director).

1.2. Verification of Identity - Outside Australia

A self-represented party cannot have their identity verified overseas.

For further information on the verification of identity procedures in a foreign country for both electronic or paper-based transactions please refer to VOI-03 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority. Paper Based Transactions – Foreign Countries.

2. Identity Document Production Standard

The person who is being identified should produce, to the person who performs the identification (the Identifier), all the current and original identity documents specified in the highest category possible detailed at Table 1 below.

The highest category are those documents in category 1, with the lowest standard being category 5.

Category 6 is for foreign nationals who cannot meet the requirements of category 1, 2, 3 or 4.

Table 1 – Categories of Identification Documents

The Documents produced must be current, except for an expired Australian Passport which has not been cancelled and was current within the preceding 2 years.

Category	Minimum Document Requirements
1	One of the following: Australian Passport, Foreign passport, Australian Evidence of Immigration Status Immicard, Australian Migration Status Immicard, plus Australian drivers licence with photo or Photo Card plus change of name or marriage certificate if necessary
2	One of the following: Australian Passport, Foreign passport, Australian Evidence of Immigration Status Immicard, Australian Migration Status Immicard, plus full birth certificate or citizenship certificate or descent certificate plus Medicare or Centrelink or Department of Veterans’ Affairs card plus change of name or marriage certificate if necessary
3	Australian drivers licence with photo or Photo Card plus full birth certificate or citizenship certificate or descent certificate plus Medicare or Centrelink or Department of Veterans’ Affairs card plus change of name or marriage certificate if necessary
4	(a) One of the following: Australian Passport,  Foreign passport, Australian Evidence of Immigration Status Immicard, Australian Migration Status Immicard, plus another form of Australian State Government or Commonwealth Government issued photographic identity Document plus change of name or marriage certificate if necessary (b) One of the following: Australian Passport,  Foreign passport, Australian Evidence of Immigration Status Immicard, Australian Migration Status Immicard, plus full birth certificate plus another form of Australian State Government or Commonwealth Government issued identity Document plus change of name or marriage certificate if necessary
5 (a) or (b)	Not available for Self-Represented Party
6	(a) Foreign passport plus another form of government issued photographic identity Document plus change of name or marriage certificate if necessary (b) Foreign passport plus full birth certificate plus another form of government issued identity Document

A person who cannot produce ID documents to comply with the one of the above categories cannot be self-represented and will need to engage the services of an industry professional.

3. Verification of Identity and Right to Deal

Where a person is not represented by a property professional who is a conveyancer, settlement agent, lawyer or solicitor, they are known as a self-represented party. If the person intends to self-represent themselves in one of the following land transactions, they must have their identity verified face to face by Australia Post and have evidence of their Right to Deal on the land for the specified transaction:

• Transfer
• Mortgage
• Application by Survivor
• Application by Personal Representative
• Caveat
• Withdrawal of Caveat

3.1 How to verify your identity at a Post Office

• Download the Land Title Verification of Identity Form – Self-Represented Party (Western Australia) (“VOI SRP Form”)
  • this form is only for the use of persons who are self-represented parties. The form should not be used by licensed settlement agents or qualified legal practitioners who are sending their clients to Australia Post to have their identity verified. Settlement agents need to contact Australia Post if they wish to use its identification services to comply with the Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity Practice (VOI practice).
• Gather the identity documents from the highest category possible as per table 1 above or as per the downloaded VOI SRP Form.
• Complete your details within the VOI SRP Form, however DO NOT sign the Form. Your signature must be witnessed by an Australia Post employee.
• Take your identity documents and VOI SRP Form to a participating Post Office. You can find a list of Post Offices online: Find a location or service or call 13 POST (7678). There is no need to make an appointment.
• An experienced Australia Post representative will perform the identity check. They will check and scan your documents, take your photo and witness your signature. Pay the verification of identity service fee currently $49.00.
• Australia Post will issue a receipt to the identified person. This receipt must be retained by the identified person, as the TSP Ref number on the receipt will be required to be provided to Landgate by the identified person at the time they lodge the land transaction document/s.
• Australia Post will advise Landgate that your identity check has been completed.

3.2 Right to Deal

When a person intends to represent themselves in one of the abovementioned land transactions, they must be able to provide documentary evidence supporting their right to deal on the specified land in the specified transaction to the Registrar of Titles and/or the Commissioner of Titles if requested. Such evidence should be retained for at least seven (7) years.  

Documentary evidence supporting a self-represented party’s right to enter into one of the specified land transactions may include, but is not limited to, originals, copies or records of:  

• Grant of Probate or Letters of Administration 
• Court Orders 
• State Administration Tribunal Order (SAT)
• the contract of sale for the property 
• a current local government rates notice

• current utility bills for the property

• a current land tax assessment notice for the property

• loan documentation 

• the mortgage granted by the mortgagor
• contract

3.3 Document lodgement and the Self-Represented party Statutory Declaration

Once the Verification of Identity has been conducted by Australia Post and the Right to Deal evidence is in order and retained by the self-represented party, the paper-based land transaction document can be prepared and lodged with Landgate for registration or noting. See the Land transactions hub.

A statutory declaration must be made by each natural person who has had their identity verified by Australia Post as a self-represented party to the document. If there are multiple documents being lodged in a case, a statutory declaration is required for each document. The statutory declaration must state that

• their verification of identity has been completed,
• specify the Australia Post branch where the verification of identity took place,
• the date and TSP Ref number on the receipt which was provided at the time of the identity check,
• The declarant must also confirm their right to deal with the land the subject of the transaction.

Please use this SRP VOI Statutory Declaration proforma.

The land transaction documents must be lodged within 12 months of the date of verification of identity by Australia Post and comply with all lodgement and registration requirements, otherwise the person will need to commence the verification of identity process again.

4. Further Information

• VOI-01 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority. Paper Based Transactions
• VOI-03 Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity and Authority. Paper Based Transactions - How to Complete a Verification of Identity Overseas
• VOI-04 Verification of Identity and Authority - Electronic Transactions
• Frequently Asked Questions
• Verification of Identity