Property Law Noticeboard April 2021: Model Participation Rules (Version 6) to commence 12 April 2021
All Guidance Notes have also been updated to align with version 6 of the Participation Rules.
The version 6 changes focus on removal of the Representative Attorney provisions and update cyber security requirements for subscribers and obligations to notify jeopardised transactions. Major changes in version 6 relevant to practitioners undertaking electronic conveyancing include:
- Eligibility requirements for subscriber administrators and users are expanded. The new requirement is that a person has not been the subject of a refusal to subscribe to an electronic lodgement service, be currently suspended under Participation Rule 9.2 or be the subject of a termination under Participation Rule 9.3. A new Guidance Note 7: Eligibility Criteria was published to provide further guidance to practitioners.
- Clarification of the obligation to take reasonable steps to verify the authority of a person providing instructions to bind a client to a caveat or priority notice, even if a Client Authorisation is not signed. See Participation Rule 6.3(f).
- The circumstances in which re-verification of a client or client agent is not required have been expanded to include a situation where the Subscriber is acting on behalf of the Client under a current Client Authorisation and the Subscriber previously verified the identity of the client. For example, where there is a Standing Authority in place that extends for a time period of three years, and more than two years have passed since the Subscriber verified the identity of the Client, the Subscriber is not required to re-verify the identity of that Client. But, if a Client Authorisation has expired, and the initial verification of identity was conducted more than two years ago, re-verification of identity is required. See Participation Rule 6.5.4.
- A new obligation is imposed to take reasonable steps to ensure that only authorised users access the ELN and the users, principals, officers, employees, agents and contractors who access the system are properly trained, including cyber security awareness training covering, at a minimum, secure use of the ELN, secure use of the Subscriber’s Systems and secure use of email and other electronic communication. Refer to Participation Rule 7.2.1.
- A positive obligation to notify the ELNO and Land Registry where a transaction puts at risk the integrity of the Titles Register by fraud or other means and to immediately unsign the documents, if possible. Refer to Participation Rule 7.7: Jeopardised Transactions.
- A new obligation is imposed on subscribers to take reasonable steps to ensure:
- a Digital Certificate is only used to Digitally Sign by the Signer to whom it is allocated; and
- Signers do not allow any other Person to use their Access Credentials and Digital Certificates; and
- Signers keep the Digital Certificate allocated to them safe and secure in the Signer’s control; and
- Access Credentials are only used to access the ELN by the User to whom the Access Credentials belong; and
- other Users do not allow any other Person to use their Access Credentials. Refer to new Participation Rule 7.5.5.
- The previous guidance in relation to the use of e-settlement agents is republished in new Guidance Note 9: Instructing Practitioner Engaging a Subscriber (E-Lodgment Subscriber).
Commentary in Conveyancing Manual Qld will be revised to reflect these changes in our forthcoming update.