The Government has invited the private sector to operate the administration of the titling and registry business of Land and Property Information (LPI) under a 35 year concession. It is anticipated that this new arrangement will commence in 2017.
The Office of the Registrar General will manage the concession to ensure integrity, security, performance and availability of the NSW land titles system through a range of oversights, rules and directions, quality assurance and strong engagement with stakeholders.
The Land and Property Information NSW (Authorised Transaction) Act establishes standards that the operator is required to comply with, and a penalty regime should the operator fail to comply.
New provisions allow the Registrar General to monitor and enforce the authorised operator's performance in operating the titling and registry services. Performance will be monitored through clearly defined service levels, key performance indicators and obligations that ensure the security of the data.
The Operator will be obliged to report regularly on its performance.
In order to ensure the integrity of the register, both the legislation and the concession arrangements include robust 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.
These safeguards will ensure the integrity of the system and the protection of data collected, and guarantee transparency and certainty for the industry.
The Government is committed to protecting and promoting competition and innovation amongst information brokers, service providers and others who are in the business of providing access to titling and registry services or offer products that use information from the registry. The Land and Property Information NSW (Authorised Transaction) Act 2016 requires that the concession includes measures that protect competition in downstream markets.
The Government will continue to make property sales information available under the Open Data Policy.
The Land and Property Information NSW (Authorised Transaction) Act 2016 specifies that the Privacy and Personal Information Protection Act 1998 applies to the private operator as if it were a public sector agency in the same way that it currently applies to LPI titling and registry Services.
Administrative review powers
The Government has amended the Real Property Act 1900 to give the Registrar General administrative review powers. Any person dissatisfied with a decision of the authorised operator can apply to the Registrar General for review. The operator will be required to give effect to any decision of the Registrar General made as a result of a review.
This arrangement will be in place for the commencement of the concession.