The ACT has not prescribed a verification of identity standard however Bransgroves Lawyers recommends lenders and practitioners adopt the ARNECC Model Participation Rules - Version 3, 18 September 2015.

The Verification of Identity Standard prescribes:

  1. A face-to-face in-person interview.
  2. The mortgagor must bear a “reasonable likeness” to the person depicted in photographs in the identification documents.
  3. The identification documents must be originals and be produced by the mortgagor.

The standard then prescribes the identity documents required in a cascading fashion. The Gold Standard being the possession of a passport and drivers licence. This obviating the need for anything else to be produced. Thereafter as less probative documents are produced more of them are required. Those presenting with a dearth of documentation are required to be accompanied to the face-to-face interview by an “Identity Declarant” who themselves must be indentified in accordance with the standard and in certain circumstances must be a member of specified professions.

Further steps are required where a mortgagee ought reasonably know that any identity document is not genuine, any photo on an identity document is not a reasonable likeness or the person being identified does not appear to be the person to which the identity document relates or it would otherwise be reasonable to take further steps. Evidence supporting verification of identity must be kept by a mortgagee for 7 years after the mortgage is registered.

The standard requires that the person identifying the mortgagor provide a certification in a prescribed form. It is also necessary for the lender to obtain a completed client authorisation form from the mortgagor. Any lenders requiring assistance in preparing their template documents for E-Conveyancing should contact Matthew Bransgrove.