VOI Legislation requires lawyers and conveyancers to identify their clients by taking reasonable steps under the ARNECC Model Participation Rules.
VOI is required for valid eSignatures, State Stamp Duty Assessments, & Client Authorisation forms to sign on behalf clients in electronic settlements. VOI forms the basis for e-Conveyancing.
Are clients meeting face to face with their legal advisers?
There’s an increasing trend toward clients being identified without having to be physically present at their practitioner’s premises. The average age of Australians is now 37, meaning your client base is generally more tech savvy. Smartphone usage is increasing and clients expect to be able to complete processes remotely.
Does the VOI legislation cover identifying clients without them having to be physically present?
Yes, according to the ARNECC Model Participation Rules Version 4 – 6.5.2, you must take reasonable steps to verify the identity of your clients, which can include either (a) applying the Verification of Identity Standard or (b) verifying the identity of a person in some other way that constitutes the taking of reasonable steps.
This means, practitioners can use technology to identify clients remotely and this can constitute taking reasonable steps but if VOI is exploited by a fraudulent client then “taking reasonable steps” can be challenged and audited and a Practitioner would have to make a defence based on each individual set of circumstances and the Practitioners conduct and actions engaged in to identify their Client.
How does InfoTrackID assist practitioners with VOI, and provide an extra layer of protection from failing to identify their clients adequately?
The current ID process involves vendor or purchaser clients presenting their passports and drivers licences for identification with legal representatives either in person or uploading these documents remotely.
However, the problem facing the practitioner is knowing whether the ID is valid or if it has been fraudulently created by the client i.e. Has the client generated their own expiry dates, numbers, photos and false addresses and inserted them into their passport and drivers licence?
InfoTtrackID addresses this problem in two innovative ways.
How to use InfoTrackID:
Go to “People” Tab on InfoTrack Platform, click on “InfoTrackID” select in house, remote, or agent and the program will send email link to begin the process.
Final Word
InfoTrackID focuses on document validity for passports and drivers licences, and inserts a rebuttal to court action against lawyers and conveyancers failing to identify their clients properly.
So, go for it, this innovative technology is a valuable risk management tool for your practice, test and trial it, I did and it is now part of my Conveyancing Practice.
Practitioners would spend more on coffee and biscuits’ in the morning! It’s so worth InfoTrackID!
