UPDATE ON THE NATIONAL ELECTRONIC CONVEYANCING SYSTEM Simon Libbis Executive Director.
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Transcript of UPDATE ON THE NATIONAL ELECTRONIC CONVEYANCING SYSTEM Simon Libbis Executive Director.
Australia’s joint government and industry
initiative to create an efficient and convenient
way of completing property transactions and
lodging land title dealings for registration
WHAT IS NECS?
2© National Electronic Conveyancing Office
THE CONVEYANCING PROCESS
Financing Disclosure Contract SearchesDocument
PreparationDocument
SigningDocument Stamping
Document Exchange
Financial Settlement
Lodgment Registration Publication
Electronic Conveyancing (NECS)
Electronic Lodgment
Automatic Registration & Publication
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NOT JUST A COMPUTER SYSTEM• A business model
Roles, relationships and responsibilities
• A legal frameworkLegislation, rules, compliance and discipline
• A risk management regimeAllocation, mitigation, transfer and compensation
• Supporting business practicesVerification, authorisation, certification and justification
• A software systemIntegrated, fully-featured, secure and reliable
• Governance arrangementsIndependent, inclusive, sustainable and competent
• Industry, community and government confidence4
© National Electronic Conveyancing Office
NECS
Client
LSP LR2
LR1
LodgmentPreparation
Subscriber
NECS Web Services
LSP Web Services
LSP BrowserInterfaces
NECS Browser Interface
Certifier
User
Certifier
User
NATIONAL BUSINESS MODEL
etc
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NECS Web ServicesSubscriberClient
RO2
RO1
Financial Institutions
FSM RBA
Subscriber
Settlement
© National Electronic Conveyancing Office
THE CHALLENGE:
TO DEVELOP THE BUSINESS REQUIREMENTS OF INDUSTRY AND JURISDICTIONS
THE STRATEGY:
STATE PROJECT TEAM
NATIONAL PROJECT TEAM
NECS DATA STANDARDS DEVELOPMENT
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GOVERNANCE
National Steering Committee
National Office
National Project Team
State Project Teams
© National Electronic Conveyancing Office7
STATE PROJECT TEAM
THE JURISDICTIONS MEET REGULARLY TO:
Develop their requirements of NECS
Develop consistent business practices
Share information on the NECS Readiness program
8© National Electronic Conveyancing Office
NATIONAL PROJECT TEAM
COMMENCED IN MAY 2008 Consist of representatives from banks, mortgage processors,
non-bank lenders, conveyancers, lawyers, insurers, information brokers, state revenue offices and land registries
Ensures that NECS is informed of all stakeholder issues
SPT can refer material for consideration to the NPT and vice versa
This process allows for detailed consideration of the issues and their impact on all stakeholders
9© National Electronic Conveyancing Office
BUSINESS PRACTICES
Client Identity Verification
Client Authorisation
Instrument Certification
Confirmation of Right to Deal (the CT issue)
Supporting Evidence Requirements
Fee Invoicing & Payment Collection
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REQUIREMENTS DEFINITION
Defines the functions & features of NECS
Satisfies what stakeholders want from the system
Documented in business terms
Provides the basis for technical design, costing and
implementation planning
Necessary for system provisioning decision
Input to detailed systems specification
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REQUIREMENTS
• National
– Access
– Regulation
– Operations
– Operations Support
– Maintenance Support
– Additional Services
• Jurisdiction
– Document Templates & Data Content
– Business Rules12
© National Electronic Conveyancing Office
LEGAL FRAMEWORK
• Consistent Legislation in each jurisdiction
• Legislation enables LR authorisation of ELNs satisfying minimum criteria
• ELN operators provide Participation Rules & Service Charters
• Participation Rules define ELN obligations on Subscribers, Certifiers & LSPs
• Service Charters define ELN performance commitments to Subscribers, LSPs, LRs & ROs
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FRAMEWORK RELATIONSHIPS
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NECS
Authorised ELN
ProviderNECS Service Charter NECS Service Charter
Certifier NECS Participation Rules
SubscriberNECS Participation
Rules
Condition of being an authorised ELN provider in the jurisdiction. Legislation uniform in all jurisdictions.
Condition of being registered to use the
NECS in any jurisdiction. Rules must be acceptable
to LR.
LR Legislated Jurisdiction Requirements of ELNs
CommonLaw contract
Client Client Authorisation
Agency Agreement for Subscriber to represent
Client in using NECS required by Participation
Rules.
© National Electronic Conveyancing Office
CURRENT CONSULTANCIESLEGAL FRAMEWORK: Clayton Utz
purpose of a single national framework and what it must achieve;
performance objectives
components necessary for it to achieve objectives
WEB SERVICES: Saratoga
Technical requirements for web services in NECS environment
Operational requirements that suit the NECS functionality
Commissioning requirements for web services implementation
NON-FUNCTIONAL REQUIREMENTS: Saratoga
Non-functional characteristics ,
their performance objectives
specific requirements with aim of
providing a secure, robust and reliable platform - convenient, efficient and
user-friendly 15© National Electronic Conveyancing Office
THE NEED FOR A NATIONAL DATA STANDARD Eight different jurisdictions need to talk to each other and
NECS
Jurisdictions do not need to change existing systems
NECS can handle individual jurisdiction change more easily
Industry stakeholders will be given seamless access to land
registries in all jurisdictions
Help to achieve straight through processing16
© National Electronic Conveyancing Office
THANK YOUFor more information on this presentation or any
aspect of National Electronic Conveyancing, please contact
Simon Libbis
Executive Director
National Electronic Conveyancing Office
Tel: 03 8626 4545 Email: [email protected] Web: www.necs.gov.au