Surveying and Mapping Industry Council Update Office of the Registrar General October 2016

On 1 July, LPI was separated into four separate organisations Office of the Valuer General Department of Finance, Services and Innovation Valuation Services Spatial Services Title and Registry Service Office of Registrar General Moving to a 35 year private concession Operational Regulatory

Maintain the confidence of the NSW public in our property rights We are a regulator, policy adviser and litigator, working to ensure the security of NSW’s land title system Ensure maintenance of public confidence in the NSW land title system Manage the Concession and ensure the Operator meets its obligations and KPIs Allow the operator room for innovation and greater efficiency Ensure the accuracy and integrity of the State cadastre as a basis for defining the legal extent of land title Resolve boundary disputes by providing an independent determination of boundary location Cadastral integrity Oversee the Operator’s performance Provide information and advice on land boundaries and the resolution of related disputes To ensure the Operator fulfils its responsibilities in the Deed Maintain the confidence of the NSW public in our property rights Drive e-conveyancing reforms Ensure the integrity, security, performance and availability of the Registry Provide policy and legal advice To fully realise the benefits of e-conveyancing by phasing out paper in the coming years To keep relevant legislation modern and fair Lead consultations with stakeholders on an appropriate timetable for e-conveyancing Contribute to the regulation of the national system Drive digitalisation of other related documents Participate in and support policy changes Administer the TAF and conduct litigation on TAF claims

We are a new organisation, building on a strong platform of continuity, combined with new staff Office of the Registrar General – current structure (Concession Deed management) Registrar General Executive Assistant (Policy) Director, Litigation & Policy (TAF litigation) Director Legal/Industry Coms/Governance Director Cadastral Integrity Manager Industry Engagement and Correspondence Director Contract and Vendor Management Principal Lawyer x 2 Principal Lawyer Correspondence Officer Manager Contractor Performance Senior Lawyer Surveyor Senior Lawyer (E-conveyancing) Senior Lawyer Contract Manager Audit Surveyor Lawyer x 2 Lawyer x 2 (Surveying) Graduate Surveyor Contract Coordinator Legal Assistant We also have key executive from LPI working in ORG during the transition, along with support from the Secretary’s Office, advising the RG on all aspects of the transaction Continued from LPI Newly appointed, external To be advertised

The Government’s aim is the Operator invests in new technology, innovates and maintains data security “The private sector will have strong incentives to invest in new technology, resulting in significant improvements to the system, and benefits for consumers”. (NSW Treasurer) “We expect to see accelerated digital capabilities and efficiencies driven in business through the private sector's investment in new technology, which will improve the services provided to consumers”. (Minister Perrottet) “Obligations that ensure the security of the data”. (NSW Treasurer) “Paramount in the Government's considerations has been the security of the data collected and managed by the operator. The Registrar General will have regulatory oversight of these matters through the concession deed”. (NSW Treasurer) It is expected that new private investment will update the land title system to deliver a modern, innovative and secure service to customers

The legislative and policy framework is similar to now Government Responsible for the administrative, legislative and regulatory framework of land titling, land development and conveyancing Same as now Has policy and portfolio responsibility for the Registry and Concession and retains statutory powers under the Legislative Framework, including the TAF Minister Has responsibility for monitoring and overseeing the operation of the Concession and the Operator’s dealings with customers. Can veto changes proposed by Operator to RG’s directions not in the public interest. Registrar General Similar but LPI moves to a private concession Provide core services in accordance with: Real Property Act 1900 (NSW), Electronic Conveyancing National Law (NSW), the Conveyancing Act 1919 (NSW), Lodgement Rules, delegated functions, and RG Directions and RG Internal Guidelines. LPI / Operator ✔ Responsible for current LPI staff and assets associated with titling services ✔ Maintain, operate and provide access to Torrens Title Register and General Register of Deeds ✔ Process and make decisions in relation to plan and document lodgment and information delivery

We will oversee the Operator to ensure integrity, security, performance and availability of the Registry The arrangement will cover things like Being a stand-alone entity Data protection Oversight and rules Quality assurance Continuous improvement Governance and engagement What happens if the operator doesn’t meet a service level? “New provisions have been introduced to enable the Registrar General to monitor and enforce performance standards in accordance with clearly defined service levels, key performance indicators and legislative and contractual obligations” (Minister for Finance, Services and Property) “The bill includes statutory step-in powers. These can be exercised where there is a threat or a likely threat to the integrity of the register and will allow the Government to operate the business if this becomes necessary in emergency circumstances”. (NSW Treasurer) What we’re doing to prepare Testing systems and processes Building regulatory culture and growing capability Developing service levels agreements with councils and other agencies Identifying risks Templates, operational material and scheduling Close engagement between Operator and ORG Regularly discuss business, IT, risks, financial and other plans

We ensure the accuracy and integrity of the State cadastre We provide an independent decision on the location of a boundary. We are currently reviewing 8 boundary disputes. Reviewing boundary disputes Before a plan is registered it may be subject to a field audit. The aim is to ensure surveyors are complying with relevant acts, regulations and determinations. We are undertaking audits in Sydney and regional NSW. Last financial year we conducted 275 audits of the around 8,500 plans lodged. Audit procedures Surveying and Spatial Information Regulation Regulation is to be reviewed and remade by 1 September 2017 (Regulatory repeal program). Completed consultation with stakeholders. Early 2017: aim to finalise Regulation and release Regulatory Impact Statement. If either party does not agree, they can take the RG to the Land and Environment Court, although in most cases, parties tend to respect the RG’s decision. Boundary disputes The increasing value of land and developments in technology have resulted in more boundary disputes. Disputes over the location of land boundaries can be costly, take years to resolve in the Supreme Court, cause land owners financial and emotional distress and frustrate the proper use of land. Part 14A Real Property Act 1900 empowers the Registrar General to resolve boundary disputes, offering an alternative to the complexity, delays and expense of litigation. Official use only