New Queensland Government Rules for Witnessing Land Title Documents
Many of our clients will be aware that the Queensland Government has introduced a new protocol for the witnessing and execution of Land Title documents for lodgement with the Queensland Titles Registry. This new protocol is called the “Verification of Identity (VOI) Standard”.
The VOI has taken effect from 30 September 2019 and provides:
- Guidance for witnesses on the requirement to take reasonable steps to verify the identity of an individual executing an instrument (Land Title document).
- Guidance for witnesses on the requirement to take reasonable steps to ensure that the individual is the person entitled to sign the instrument.
- As Solicitors and Conveyancers, we often witness Land Title documents for clients and in order to comply with the new protocol, we are advising our clients that certain identification documents will need to be sighted before we can witness our client’s signature. There are six (6) categories for documents which will satisfy the protocol. The first five (5) categories are for persons who are Australian citizens or residents and the sixth category is for non-Australian citizens or residents.
These categories are as follows:
- Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard plus Australian drivers licence or Photo Card plus change of name or marriage certificate if necessary.
- Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or 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 Part 61 – Witnessing and Execution of Instruments or Documents Land Title Practice Manual (Queensland) Updated: 1 October 2019 61–26 Category Minimum Document Requirements
- Australian drivers licence 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
- (a) Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard plus another form of government issued photographic identity Document plus change of name or marriage certificate if necessary (b) Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard plus full birth certificate plus another form of government issued identity Document plus change of name or marriage certificate if necessary.
- (a) Identifier Declaration 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. (b) Identifier Declaration by a Person specified in Verification of Identity Standard paragraph 4.4(e) plus Medicare or Centrelink or Department of Veterans’ Affairs card plus change of name or marriage certificate if necessary.
- (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 plus change of name or marriage certificate if necessary.
The documents produced must be current except for an expired Australian passport which has not been cancelled and was current within the preceding two (2) years.
We are providing this information to our clients so that our clients are aware of the identifying documents we need to sight. This will save time for our clients and avoid the necessity for a return trip to provide the documents.
Further detailed information can be found at: https://www.dnrme.qld.gov.au/__data/assets/pdf_file/0009/1452366/ltpm-part-61.pdf