The Operating Requirements in each State and Territory require ELNOs that have been approved to operate to provide an Annual Report to the Registrar within three months of the end of each financial year.
The requirements with which ELNOs have to report on and/or demonstrate compliance with in their Annual Report to the Registrar are set out under Category Three of Schedule 5 of the Model Operating Requirements and the respective Operating Requirements in each State and Territory.
ARNECC undertakes the ELNO annual compliance review process through a panel comprised of ARNECC representatives from all jurisdictions, irrespective of whether the ELNO is approved to operate in each jurisdiction. This is to ensure a coordinated approach to the regulation of ELNOs, which maintains alignment of the national electronic conveyancing legal framework.
Each member of the evaluation panel is required to sign a declaration of interest and confidentiality before any information is released to them. In some instances, the evaluation panel may need to seek advice from other Land Registry staff, Land Registry service providers, or other members of their department on some items in the compliance report.
In these situations, those persons will need to sign a declaration of interest and confidentiality before the relevant information is released to them. By providing the Annual Report to the Registrar in jurisdictions the ELNO is approved to operate and the Chair of ARNECC, the ELNO consents to all jurisdictions reviewing this documentation to assess its level of compliance.