Digital VOI and why do I need to do it

This matters in a system that is now largely electronic. NSW has moved to 100 percent electronic lodgement for land dealings, caveats and priority notices through an Electronic Lodgement Network, with the change commencing on 11 October 2021. In electronic conveyancing, a subscriber representing a client can sign registry instruments or other documents on the client’s behalf, so identity checks become a key safeguard.

This article is general information only. It is not legal advice.

What VOI is

ARNECC explains that VOI is a process carried out to ensure a person exists and is who they claim to be. It includes ensuring the person your conveyancer is dealing with matches the identity evidence obtained, such as photographic identity documents like a passport or driver’s licence.

In NSW electronic conveyancing, the Participation Rules require the subscriber using the electronic network to take reasonable steps to verify the identity of each client or client agent for each conveyancing transaction.

Why VOI is required

ARNECC states that the purpose of VOI is to reduce the risk of identity fraud and the registration of fraudulent land transactions. For other participants in the transaction to have confidence in electronically signed documents, ARNECC says it is vital that the client’s identity is verified.

The rules focus on reasonable steps rather than one mandatory method. Under the NSW Participation Rules, a subscriber can either apply the Verification of Identity Standard or verify identity in another way that still constitutes taking reasonable steps. ARNECC explains that the Standard is not mandatory, but if it is properly carried out by prescribed categories of people, the subscriber will be deemed to have taken reasonable steps.

What digital VOI means

Digital VOI is a practical term for completing some or all of the VOI process using secure online technology rather than only face to face. ARNECC recognises that where face to face checks are not possible due to remoteness, verification may be conducted by electronic means with further steps to satisfy yourself of the person’s identity. ARNECC also lists electronic verification services as an example of a further step that could be taken, depending on the circumstances.

Technology providers describe a range of tools that can support digital VOI. For example, Scantek describes features such as biometric facial comparison, liveness detection, optical character recognition and document verification services.

What you might be asked to provide

Your conveyancer will tell you exactly what is required, but you can expect some combination of the following.

• Clear images of identity documents
• A live selfie or short video, depending on the system used
• Confirmation of your details so they match the transaction documents

PEXA states the person being identified needs to provide original and current documents in one of the categories set out on its VOI guidance page, and that certified copies cannot be accepted.

Why we ask you to do VOI early

VOI is often requested early because it supports other key compliance steps. ARNECC notes that ideally a client authorisation would be signed at the same time as VOI to help ensure it is signed by the person who was identified. If they cannot occur at the same time, ARNECC says reasonable steps are needed to ensure the client authorisation is being signed by the identified person.

The NSW Participation Rules require further steps in situations such as where an identity document does not appear genuine, where a photo is not a reasonable likeness, or where it would otherwise be reasonable to do so.

In some cases VOI may not need to be repeated. The NSW Participation Rules explain that a subscriber need not re verify identity if they complied with the VOI requirement within the previous two years and take reasonable steps to ensure they are dealing with the person being identified.

How VOI relates to anti money laundering reforms

AUSTRAC states that enrolment opens for tranche 2 entities on 31 March 2026, and AML and CTF obligations start for tranche 2 entities on 1 July 2026.

Scantek notes that proposed reforms have included measures such as enrolment with AUSTRAC, AML and CTF programs, customer due diligence and reporting obligations. While VOI and customer due diligence are not the same thing, both involve identity checking and record keeping, which is why clients may hear these terms together.

Need help with digital VOI

If you have been asked to complete digital VOI and you are unsure what to provide, contact our conveyancing team early. We will explain the steps, confirm what identity documents are acceptable in your circumstances, and help you complete the process promptly so your matter stays on track.

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