The Importance of Identification Documents

by Brad Smith | May 14, 2025| Latest News

Those that have been involved with buying or selling property over the more recent years, would be familiar with terms like electronic conveyancing, electronic certificates of title and verification of Identity.

Changes have occurred meaning that settlements for the sales of real estate now take place electronically through the electronic conveyancing platform known as Pexa. There are no longer physical certificates of title, they are electronic.

This has created a higher standard of identifying parties who are buying and selling property so as to minimise the risk of fraud in the property titling system. This standard is known as the Verification of Identity Standard and must be complied with by lawyers involved in these transactions.  The VOIS requires a face to face meeting where the originals of identity documents are provided by the client and verified by the lawyer.

Sometimes people have a difference in their name on their various identity documents, often due to marriage or divorce. Other times a person’s identification does not exactly match the name that is on title.  Sometimes an error was made when they originally purchased the property, for example, leaving out a middle name.  This then continues to cause issues in future property transactions for the lawyer acting. Problems can be fixed by a client rectifying their identity documents or filing a change of name form at the land registry office to enable the representative of the buyer or seller to act on their behalf.  

This requirement for provision of identification is challenging for some people as there can be a reluctance to provide sensitive information. This requirement, however, will not be removed as it is an essential requirement for the integrity of the system.

The Federal Government has created the Digital ID Act to regulate the way identification is provided and stored. Accredited providers will be able to identify a person to the government’s required standard. This Digital ID will be able to be used to deal with government agencies and is expected in the future to be able to be used by certain private sectors.

The Australian Registrars’ National Electronic Conveyancing Council (ARNECC), which deals with the electronic network, is monitoring the introduction of the Digital ID Act, which could result in a change in the way that verification of identity is performed in the future.

It remains important for everyone to ensure they have all their identity documents and that those documents are consistent with each other. If they are not, this could cause a delay in your sale or purchase and create additional and avoidable stress.  The members of our Property Team are experts.  Let them help you.