A helpful suggestion is to draw your attention to the recent notice to lodging parties. Heads up, the compliance program is commencing this week.
With the introduction of electronic conveyancing and the new conveyancing requirements, a new nationally aligned Compliance Program is being introduced in South Australia.
The Compliance Program has been established to monitor that the obligations and practices that support the certifications made by the Legal Practitioner, Registered Conveyancer or Mortgagee (the Representative) - for both the paper and electronic transactions.
I had a chat with client services, and the intention is to start with about 5 audits a week across the spectrum of practitioners, so frequency will be low to start with. Representatives will be selected at random for a Compliance Examination, which will be initiated by a written notice from the Registrar-General to the Representative. The Compliance Examination Notice will be sent to the email address recorded for the Representative.
Representatives will have 10 business days, from the date the Compliance Examination Notice was sent, in which to produce the documents and information requested. Once the Compliance Examination is complete the Representative will receive notification (by email) of the Examination results.
In particular circumstances of gross deficiency, a face-to-face interview with the Representative or an on-site visit to their office may be requested. We're hoping that where audits pick up issues with electronic transactions, and a clear intention to do the right thing has been demonstrated, that there will be leniency shown.
For any questions regarding the new compliance regime, drop the good folk at the LTO an email at DPTI.LTOCompliance@sa.gov.au