COAG have posted on their website the timetable for a National electronic conveyancing system A single electronic system for completing real property transactions and lodging land title dealings and registration in Australia.
All jurisdictions: COAG to agree the form of the new legal entity for an e-conveyancing system by mid 2010
States and Territories: agree governance arrangements for new entity by mid 2010
States and Territories:
- subject to States and Territories settling funding, establish new entity and appoint Board by Sept 2010
- agree nationally uniform business processes by Sept 2010
- enact any necessary legislative changes and complete all related transitional arrangements by early 2011
2011 - 2012
States and Territories: commence the new e-conveyancing system by end 2011
The conditions on funding are quite complicated and tied in with the States reaching key milestones on reforms in 27 specific areas, not just electronic conveyancing. Quite a task
Link to funding document National Partnership to deliver a seamless national economy
Comment:
The government's proposed national electronic conveyancing system has just taken a couple of crazy left turns.
There is now a new timetable, with the commencement of the new e-conveyancing system by end 2011, being nearly 3 years from now.
Implementation of the new e-conveyancing system is still the responsibility of the states and territories, so that hasn't changed. However, e-conveyancing has just been tossed into the bed with 26 other State regulatory reforms such as nationally consistent uniform occupational health and safety laws; environmental assessment and approvals; payroll tax; rail safety regulation; food regulation; mine safety; maritime safety; wine labelling; etc (and I have only quoted 8 other reforms) all of which are dependent on electronic conveyancing reform and vice verca.
I can see you asking the question what has e-conveyancing got to do with wine labelling? Well not a lot but its all to do with the funding.
If any government stalls on any of the reforms in any of the 27 areas, Commonwwalth funding can be and probably will be withheld. This is classic school teacher / pupil relations of old. If the recalcitrant student doesn't own up all students will be punished and stay back for detention.
The first agenda items for the States and territories are -
- settling funding, establish new entity and appoint Board by Sept 2010
- agree nationally uniform business processes by Sept 2010
- enact any necessary legislative changes and complete all related transitional arrangements by early 2011
Where does that leave NECS? My guess is NECS and NECO will continue the co-operative work with the states and industry until the new entity is established. We will just wait to see whether this is sooner or later and whether COAG's novel approach to funding will actually work. The agreement is the States will get some upfront funding and then nothing until years 4 & 5 when the reward funding kicks in.
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