Why Has My Conveyancer Asked Me to Do a VOI?

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Understanding Verification of Identity in Victorian Property Transfers

By David Dawn – Licensed Conveyancer
Victorian Property Settlements
PO Box 11220, Frankston VIC 3199
Email: david@quick32.com
Phone: 03 9783 0111

 

You’ve just received an email from your conveyancer asking you to complete something called a Verification of Identity, or “VOI”.

If you’re wondering:
– Why is this necessary?
– Isn’t my driver’s licence enough?
– Am I being accused of something?

Let me be clear: this isn’t personal, and it’s not optional. VOI is a mandatory legal process for anyone involved in a land transaction in Victoria.

In fact, it’s one of the most important parts of any conveyancing matter — protecting you, your title, and the integrity of our land registry system.

This article explains:

  1. What a VOI is

  2. Why it is legally required

  3. What happens if you cannot meet the standard

  4. What laws govern VOI

  5. How VOI integrates with tax and duty compliance (including the SRO and ATO)

  6. Whether government agencies track or audit this process

Let’s take a closer look.

 

1. What Is VOI?

VOI stands for Verification of Identity.

It is a formal process where you, as a party to a land dealing (such as a seller, buyer, mortgagor, mortgagee, caveator, or attorney), must provide original documents to prove your identity.

You will usually be asked to do this:
– Face-to-face with your conveyancer or an identity agent such as Australia Post
– Or via a secure online platform (e.g., IDSecure or InfoTrack), using biometric and photographic verification

You must produce a combination of original documents (not photocopies), such as:
– Australian Passport
– Driver Licence
– Medicare Card or Birth Certificate
– For overseas clients, Foreign Passport and visa documents

The practitioner must also complete a Client Authorisation Form, confirming you have given them authority to act on your behalf in the property transaction.

 

2. Why Is VOI Required?

VOI exists to prevent fraud, identity theft, and unlawful land transactions.

There have been multiple cases of criminals fraudulently selling or mortgaging land by impersonating a registered proprietor — particularly when that owner was overseas or elderly.

In one prominent case, a property in Perth was fraudulently sold by a scammer who simply posed as the owner. The Land Titles Office was unable to reverse the registration. The innocent owner lost title — and the buyer lost their money.

In response, Australia implemented national verification standards, particularly with the introduction of electronic conveyancing.

VOI is not about whether we trust you — it’s about whether the Registrar of Titles can safely update the register, knowing the parties involved are legitimate.

 

3. What Laws Require VOI?

In Victoria, the following legislation and regulations govern VOI:

  • Transfer of Land Act 1958 (Vic) – sets out who may deal with land and how title is registered

  • Electronic Conveyancing (Adoption of National Law) Act 2013 (Vic) – adopts the national framework for electronic conveyancing

  • Electronic Conveyancing National Law (ECNL) – provides the legal basis for Electronic Lodgment Networks such as PEXA

  • Model Participation Rules (MPR) issued by ARNECC – Rule 6.5 sets out VOI obligations for all legal and conveyancing professionals acting in e-conveyancing

The rules also require that identity verification records be kept for at least 7 years, and that "reasonable steps" be taken if full VOI is not possible.

 

4. What Happens If You Cannot Meet the VOI Standard?

The Standard VOI Procedure, set out in Schedule 8 of the MPR, lists document combinations that must be used.

If you cannot meet this standard (e.g., no passport, offshore location, limited mobility), your conveyancer may rely on the “reasonable steps” provision, which requires:
– Additional supporting documents
– Statutory declarations
– Video interviews and biometric checks
– Independent verification from a Justice of the Peace, embassy, or similar

However, this increases risk and liability. You may be required to sign an indemnity and your transaction may be delayed.

Ultimately, if VOI cannot be completed satisfactorily, we cannot act on your behalf in lodging dealings.

 

5. How VOI Integrates With the SRO, ATO, and PEXA

PEXA

VOI is mandatory before we can complete settlement through PEXA. No title can be transferred, mortgage registered, or caveat lodged without a valid VOI and Client Authorisation.

SRO (State Revenue Office Victoria)

The SRO requires identity integrity for all duty returns, exemptions, and declarations, especially where trusts, transfers to relatives, or declarations of trust are involved.

Incorrect or false identification may result in duty reassessments, interest, and penalties.

ATO (Australian Taxation Office)

As of 1 July 2025, the $750,000 threshold for Foreign Resident Capital Gains Withholding (FRCGW) has been abolished.

Now, all property transactions, regardless of price, require:
– The vendor to obtain a clearance certificate from the ATO
– The purchaser to withhold 15% of the purchase price if no certificate is provided

VOI ensures the vendor’s identity matches the ATO certificate and the title. Without it, the ATO may flag the matter as non-compliant, and the purchaser may be held liable for tax withholding failures.

 

6. Are Government Agencies Monitoring VOI?

Yes.

  • Land Use Victoria (LUV) may audit practitioner compliance with VOI rules at any time

  • ARNECC regulates conveyancers and lawyers through the MPR framework and practice reviews

  • SRO and ATO rely on identity verification indirectly to enforce tax, duty, and trust compliance

  • PEXA logs all identity and lodgment records — which may be reviewed in the event of a dispute or regulatory investigation

  • VOI Providers (e.g. Australia Post, IDSecure, MSA) keep digital records of the VOI session, often including images, geolocation, and document scans

Failure to comply may result in fines, disciplinary proceedings, or litigation, especially if title fraud occurs.

 

7. What If I Refuse to Complete VOI?

If you do not complete the VOI, your conveyancer cannot legally act for you.

This means:
– Your property cannot be transferred
– Your mortgage cannot be discharged or registered
– Your caveat cannot be lodged or withdrawn
– You cannot settle electronically via PEXA

More seriously, if VOI is bypassed and fraud occurs, your title may not be protected, and you may lose your property or be exposed to litigation.

 

Conclusion: It’s Not Just a Form — It’s Your Security

Verification of Identity isn’t just another hoop to jump through.

It’s a fundamental safeguard in the Torrens Title system, ensuring that property dealings are secure, enforceable, and fraud-resistant.

Your conveyancer is obligated by law — and professional duty — to carry out VOI to the required standard. It protects you, the other party, and the integrity of the Victorian land registry.

So next time your conveyancer asks for VOI, don’t be alarmed — it’s just us doing our job, so that you can safely buy, sell, or transfer property in a system that takes your rights seriously.

 

Kind regards,

David Dawn
Licensed Conveyancer
Victorian Property Settlements
PO Box 11220, Frankston VIC 3199
📧 david@quick32.com
📞 03 9783 0111