Verification of Identity – What is it and why do you have to do it?

While it may seem tedious, completing a verification of identity (VOI) for each client is part of our due diligence and reduces the risk of identity fraud and fraudulent land transactions. As electronic conveyancing is now mandated and used for most transactions in Queensland, this is a crucial step of the conveyancing process that is required under Queensland legislation.

What is a VOI?

A VOI is the process of verifying a person's identity and that they have the right to deal with land in their individual capacity or as a company representative. Once completed, this lasts for the following two years.

Why is a VOI required?

In accordance with ss 162 and 311 of the Land Titles Act 1994 (Qld), we are required to complete a VOI for each client in line with the standard detailed in the Land Titles Practice Manual.

Lawyers and conveyancers who subscribe to Property Exchange Australia (PEXA) must also meet the standards set by this platform. PEXA requires a VOI to be completed in line with the standard provided for by the Australian Registrars National Electronic Conveyancing Council (ARNECC) in the Model Participation Rules.

As such, to complete a conveyancing matter, we are required to verify an individual’s identity to the standard provided by the Queensland Government and ARNECC. Furthermore, we must take reasonable steps to ensure the individual is entitled to authorise the transaction and sign the relevant documentation. Without completing this, settlement cannot occur.

VOI Requirements

There are various categories and combinations of identification that may be used to complete a VOI. These categories include:

1. an Australian or Foreign Passport plus an Australian Driver's Licence or proof of age/Photo card

1. an Australian or Foreign Passport plus a full Birth Certificate/Citizenship certificate plus a Medicare card/Centrelink Card/Department of Veteran's affairs card

1. an Australian Driver's Licence or proof of age/Photo card plus a full Birth Certificate/Citizenship certificate plus a Medicare card/Centrelink Card/Department of Veteran's affairs card

1. A) an Australian or Foreign Passport or Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard plus another form of government issued photographic identity Document

1. B) Australian Passport or foreign passport or Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard plus full birth certificate plus another form of government issued identity document

1. A) Identifier Declaration plus full birth certificate or citizenship certificate or descent certificate plus Medicare or Centrelink or Department of Veterans’ Affairs card

4. B) Identifier Declaration by a Person specified in Verification of Identity Standard paragraph 4.4(e) plus Medicare or Centrelink or Department of Veterans’ Affairs card

1. A) Foreign passport plus another form of government issued photographic identity Document

1. B) Foreign passport plus full birth certificate plus another form of government issued identity document

Note: If there is a change of name between any of the forms of identification presented then a marriage certificate or change of name certificate is required as well.

At Bellco Law, we use an online VOI service so you can access and complete the VOI process at home on your mobile device. If you have any questions regarding the VOI process, please don’t hesitate to contact our office.

Written by Jessica Oudyn