COAG Backs Single National System For Electronic Conveyancing

We have reported in NECSpress before on the growing interest of the Commonwealth Government in the development of the National Electronic Conveyancing System (NECS). The involvement of the Standing Committee of Attorneys-General (SCAG) was mentioned in the November 2006 issue. In December 2007 we welcomed the Commonwealth Government as a member of the Steering Committee and reported on the support for NECS expressed by the Federal Attorney-General, Robert McClelland. Being a significant micro economic reform of national importance, NECS has now attracted the interest and support of the Council of Australian Governments (COAG).

COAG is the peak intergovernmental forum in Australia. It was established in 1992 with the mission to “initiate, develop, and monitor the implementation of policy reforms that are of national significance and which require cooperative action by Australian governments.” It consists of the Prime Minister, State Premiers, Territory Chief Ministers, and the President of the Australian Local Government Association.

At the COAG meeting on 26 March 2008, the Business Regulation & Competition Working Group (BRCWG), chaired by Hon Lindsay Tanner MP and Hon Dr Craig Emerson MP delivered its Commonwealth-State Implementation Plan and Forward Work Program. The aim of this COAG working group is to achieve best practice regulatory reform process and competition reforms.

The BRCWG recommended that electronic conveyancing should be added to COAG’s regular work program. COAG supported the development of a “single electronic conveyancing system for completing real property transactions and lodging land title dealings for registration in Australia”. It agreed to consider advice on appropriate governance arrangements and system implementation processes by June 2008. Please click here to view COAG communiqué.

In addition to COAG, there are a number of Ministerial Councils consisting of Ministers of Australian States and Territories and the Commonwealth that meet to discuss matters of mutual interest. SCAG is one such Ministerial Council. Its members are the Australian Attorney-General and the Minister for Home Affairs, the State and Territory Attorneys-General and the New Zealand Attorney-General. Norfolk Island has observer status at SCAG meetings.

SCAG gives Attorneys-General an opportunity to discuss matters of common interest and seeks harmonised action within the portfolio responsibilities of its members. A matter is appropriate to bring to SCAG if:

• It requires joint action from the Australian, State and Territory Governments
• Involves the development of model or uniform model legislation, or
• Is of relevance to Attorneys-General.

At the SCAG meeting on 27 March Federal Attorney-General Robert McClelland secured the commitment of all jurisdictions to the concept of a single national electronic conveyancing system which, as mentioned above, had also received support from the Council of Australian Governments. Mr McClelland noted that the new system would “eliminate the confusion and complexities of dealing with eight separate systems. State and Territory Attorneys-General also agreed to assist in developing model legislation to underpin a national system” and to work to develop “an appropriate corporate structure for moving a national electronic conveyancing system forward.” You can find more details in the Attorney-General’s news release and the SCAG communiqué.

The public support for NECS at the highest levels of government in Australia is a great development. It ensures a truly national electronic conveyancing system for the whole of Australia.

The implications of the COAG and SCAG decisions will be discussed at the next National Steering Committee on 18 April.

Source NECS circular 14 April 2008