1. Office of the Registrar General
Structural separation of the NSW land title system: a regulator perspective
Office of the Registrar General
October 2016

2. Change over time
New Office of the Registrar General
Oversight of the Operator

3. Over the past two centuries, land title processes have been changing in response to external factors
1961 strata plans
1 July 2016
LPI separation and creation of ORG
22 February 1792
First Crown Land recorded
(James Ruse )
1 January 1863
Torrens introduced
1985, ALTS computerised title register commenced
1990, BOS computerised dealing registration commenced
1790
2017
September 2016
LPI Transaction Bill
Titles to Land Act 1858
First land title related legislation
1989, Community Titles legislation
1988 LPI designated a GBE
13 November 1800
first public record of land transfers
2013, e-conveyancing starts
1792
1863
1931
1980
2015
Lodgments (approximates) 10
340
63,100
600,000
900,000
*1792 reflects property recorded in the grant register and 1863 is ‘primary applications’. These numbers are approximate only for illustrative purposes.

4. Change over time
New Office of the Registrar General
Oversight of the Operator

5. 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

6. 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

7. Change over time
New Office of the Registrar General
Oversight of the Operator

8. 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

9. 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

10. 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