As we are moving towards a more digitally dependent environment, identity protection has become essential to modern legal practice. Verification of Identity (VOI) and Client Authorisation are not merely administrative matters when it comes to e-conveyancing, they are essential safeguards designed to protect clients, practitioners, and the integrity of Australia’s land registration system.
What is VOI?
VOI is the process of confirming that a client is who they claim to be before a legal practitioner acts on their behalf. In property matters, VOI is mandatory under the national electronic conveyancing framework governed by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC).
As property settlements now occur electronically through platforms such as Property Exchange Australia Limited (PEXA), practitioners digitally sign registry instruments and provide certifications regarding identity and authority. Without properly verifying a clients identify, those certifications cannot be responsibly made.
VOI typically requires the client to produce original identification documents, such as a passport and driver license, in accordance with prescribed standards.
What is Client Authorisation?
Client Authorisation is a written authority signed by the client allowing their lawyer to:
- Act on their behalf in a conveyancing transaction
- Sign and lodge electronic documents
- Digitally sign instruments within the electronic workspace; and
- Provide certifications required under the participation rules
Without a valid client authorisation, a practitioner cannot digitally sign documents or complete an electronic settlement.
Why these requirements are important
E-conveyancing replaces the traditional in-person settlement room with a secure online workspace. While this system increases efficiency and allows same-day registration in many cases, it also increases the risk of identity fraud and cybercrime.
Property is a high-value asset. Fraudulent transfers or mortgages can cause significant financial loss and prolonged legal disputes. VOI and client authorisation work together to minimise these risks:
- VOI confirms the client’s identity
- Client Authorisation confirms the authority for the lawyer to act
These safeguards protect not only the client but also lenders, counterparties, and the broader land titles system.
Why VOI is important for all legal matters
VOI is the primary defence against fraud, identity theft, and unauthorised dealings. It ensures that clients are exactly who they claim to be and that they have the legal authority to act, protecting both the client’s assets and the practitioner’s liability. Thus, for matters involving the transfer of funds, estate administration, powers of attorney, commercial transactions or corporate dealings, confirming a client’s identity helps to ensure that assets are protected and it also safeguards practitioners against professional and regulatory risk.
What if you are overseas?
Clients who are either residing or travelling overseas are still required to complete both VOI and Client Authorisation before a transaction can proceed. Where in-person verification in Australia is not possible, clients are generally required to attend an Australian Embassy, High Commission, or Consulate to have their identity verified and documents witnessed in accordance with Australian requirements.
This process generally includes:
- Arranging an appointment with the nearest Australian Embassy or Consulate to have your identify formally verified and your documents witnessed in accordance with Australian standards
- Prior to your appointment, we will provide you with the acceptable document categories, the witnessing certification, and a copy of your client authorisation form (if applicable). You will need to present these documents at your appointment.
- During your appointment with the embassy/consulate, they will typically
- prepare and endorse copies of your original ID documents
- complete, sign, and date the witness certification
- witness the client authorisation form (if applicable)
- Once the process is complete, you must securely send the certified ID documents back to us. Please note, the embassy or consulate will not forward these documents on your behalf.
For our clients in China, the Australian embassies and consulates are located as follows:
How can W & G Lawyers support you?
As e-conveyancing becomes the standard for property transactions, ensuring compliance with Verification of Identity (VOI) and client authorisation is critical. These processes are essential for validating your transaction and protecting against potential fraud.
At W & G Lawyers, we provide practical and transaction-focused assistance, including:
- Conducting comprehensive VOI checks to verify the identity of all parties involved, including assisting clients overseas with remote verification.
- Assisting with the preparation and submission of necessary documents for e-conveyancing.
- Reviewing client authorisation to ensure full compliance with legal and regulatory requirements.
- Coordinating with relevant parties to facilitate secure online transactions and protect your interests.
- Offering guidance on the legal obligations involved in using e-conveyancing systems and submitting required forms.
- Ensuring the accuracy and timeliness of all documents, preventing delays or compliance issues.
Whether you are buying or selling property in Australia, including if you’re located overseas, we ensure that your e-conveyancing process is efficient, secure, and fully compliant with all legal requirements, safeguarding your interests throughout the transaction.
Visit or Contact Us
📍 68 Bryants Road, Shailer Park QLD 4128
📞 (07) 2810 5666
🌐 www.wglawyers.com.au
✉ info@wglawyers.com.au
Resources
https://www.qls.com.au/resource-centre/practice-support/practice-support-tips/verification-of-client-identity
https://help.pexa.com.au/s/article/Client-Authorisat
Forms – ARNECC
Disclaimer
The article published by W & G Lawyers is intended to provide general information only and does not constitute legal advice on any subject matter. By accessing or reading this article, the reader acknowledges that no solicitor–client relationship is created between the reader and W & G Lawyers.
The content should not be relied upon as a substitute for obtaining legal advice from a qualified legal practitioner. Readers are encouraged to engage a lawyer to obtain advice tailored to their specific circumstances. You may contact our office or locate a solicitor through the Queensland Law Society online directory at https://www.youandthelaw.com.au/directory
This article does not take into account all potential future legislative amendments, regulatory changes, or developments in case law. Accordingly, the content may not reflect subsequent changes in the law and should not be relied upon as legal advice for any particular situation.
This article will not be updated after publication. Any subsequent developments in the law or legislative changes may be addressed in separate future publications.