When you engage Ensure Legal, we must take reasonable steps to confirm that you are who you say you are and that you have authority to act (for example, to buy or sell a property or sign legal documents).
This protects you, us, and the integrity of the transaction from identity fraud or unauthorised dealings.
Because most property transactions are now completed digitally, lawyers act as the gatekeepers to online lodgement systems such as PEXA. That means identity checks that once happened at settlement must now occur at the start of your matter.
What you can expect
We’ll ask you to complete a Verification of Identity (VOI) process before we act on your instructions.
There are several ways to do this:
- In-person VOI (Safe Harbour Standard)
- You attend our office or an approved identity agent (such as Australia Post).
- Your original passport, driver’s licence or other ID is sighted, and your photo is compared to the documents.
- This method meets the “Safe Harbour” standard set by ARNECC (Australian Registrars National Electronic Conveyancing Council).
- It provides the strongest legal protection for all parties.
- Online VOI (video interview)
- You complete an online video meeting with an approved provider.
- Your ID is checked electronically against the Home Affairs database.
- This can be acceptable in many matters, though it is not strictly “Safe Harbour”.
- Document Verification Service (DVS)
- Your identity documents are uploaded and checked against government databases.
- This confirms that the document itself is genuine, but not that the person presenting it is the true owner, so it is used only as a supporting check.
What is “Safe Harbour”?
“Safe Harbour” is a term used in electronic conveyancing.
If we follow the ARNECC Verification of Identity Standard (that is, an in-person check with original documents), we are automatically deemed to have taken “reasonable steps”.
If an alternate method is used, we must be able to show that the steps we took were reasonable for the circumstances.
Using identity agents
Ensure Legal may engage a trusted third-party identity agent to conduct your VOI on our behalf.
These agents must hold appropriate insurance and meet the ARNECC requirements.
If we do this, we’ll tell you who the provider is and include the relevant privacy disclosure in our engagement documents.
When VOI is required
VOI is most commonly required for:
- Buying or selling property (conveyancing)
- Acting under a power of attorney or trust deed
- Dealing with company or estate assets
- Releasing documents held in safe custody or trust
However, even if not legally mandated, we may still ask for VOI where we consider a matter to be higher risk.
Why it protects you
Identity fraud can occur even between family members or trusted contacts.
Completing a VOI helps ensure that no one can deal with your property or legal rights without your authority.
Key takeaways
- VOI is a standard part of modern legal practice and protects you from fraud.
- The “Safe Harbour” method is the gold standard for property transactions.
- Online or alternate methods may be accepted if reasonable for your situation.
- You must provide original and current identification documents.
- VOI confirms identity only — it does not prove authority to act. We may still need to check company records, trust deeds or resolutions.
