As a Victorian lawyer, can I delegate signing in PEXA? VLSB+C say yes

[JeffWulfsohn]

ARNECC provides direction to lawyers and conveyancers on who is entitled to electronically sign Registry Instruments.

The Victorian Legal Services Board + Commissioner are the ARNECC regulator for Victorian Legal Practitioners and Law Practices. In a recent update they “have determined that non-legal employees of law practices in Victoria will be permitted to sign registry instruments, provided they are appropriately supervised by the responsible principal…”

This update provides flexibility for lawyers to delegate the signing of Registry Instruments to staff provided they adhere to guidelines as set out in the Electronic Conveyancing Guide below.

Electronic Conveyancing Guide, pg 3. https://lsbc.vic.gov.au/resources/electronic-conveyancing-guide

ARNECC: Entitlement to sign Registry Instruments - https://www.arnecc.gov.au/resources/guidance-practitioner-regulators

If you require an additional Digital Certificate please see below for the required form.

https://www.pexa.com.au/images/uploads/page_parts/Pdfs/PEXA_Digital_Certificate.pdf

[juliaboyce]

Thanks for this update. The ARNECC document defines Australian Legal Practitioner as follows:"Australian Legal Practitioner has the meaning given to it in the relevant legislation of the Jurisdiction in which the land the subject of the Conveyancing Transaction is situated and in South Australia is a legal practitioner for the purposes of the Legal Practitioners Act 1981 (SA).", 

When you set up signers in PEXA, you can select 'Australian Legal Practitioner' which is a generic option without reference to any particular jurisdiction. Given all of the above, I presume it follows that someone admitted to practice in say NSW is legally entitled to sign a dealing in WA (or any other jurisdiction where PEXA enabled)?  Clarification on this specific point would be appreciated. 

[JonTeh]

Hi @juliaboyce 

Yes, that is certainly the case. an Australian Legal Practitioner can sign in multiple jurisdictions. ARNECC have a very useful chart on entitlement to sign registry instruments that should answer all of your questions.

ARNECC: Entitlement to sign Registry Instruments - https://www.arnecc.gov.au/resources/guidance-practitioner-regulators