Evidencing your identity

If you’ve ever bought, sold, or transferred residential property, you’ve likely completed a Verification of Identity (VOI). This is an important step designed to confirm that you are who you say you are when dealing with property transactions.

In most cases, completing a VOI is straightforward. If you have standard identification documents, such as a valid Australian passport and driver licence, the process is very streamlined and typically completed in-office and/or Australia Post.

However, there are situations where the process isn’t as simple. This blog explains some of the less common scenarios, including the use of digital IDs and what happens if you don’t have your original documents.

Digital IDs

With the increasing shift toward digital technology, many people now carry identification on their phones. Digital driver licences and other forms of digital ID are becoming more common across Australia.

Examples of current digital IDs are the Digital Licences through the Gov App in most Australian States.

While these digital options are convenient, they are not always accepted as a complete substitute for physical identification. In most cases, you will still need to present original, physical documents to complete your VOI correctly.

Digital IDs are generally considered helpful for verifying an identity, but it is not a replacement for original documentation, and certainly not on its own. This is because not all systems and jurisdictions currently recognise them as standalone proof of identity.

Typically, identity verification relies on a combination of original documents such as:

• Driver licences
• Passports
• Birth certificate or citizenship certificate or descent certificate Marriage or change of name certificates

Medicare or Centrelink or Department of Veterans’ Affairs card another form of government issued identity Document.

Best practice provides that verification using the original physical versions of these documents is the best and most widely accepted approach.

What If You Don’t Have All of Your Original Documents?

Sometimes, circumstances such as natural disasters or lost documents mean you can’t provide the usual forms of ID. In these cases, there is an alternative process available, referred to as “Category 5”.

This process allows your identity to be verified using a combination of documents and a declaration from someone who knows you, in the event you cannot meet the preceding categories.

It is important that you obtain legal advice with regards to what is deemed as acceptable.

The Alternative Verification Process (Category 5)

Category 5 is subdivided into two categories, which we have outlined below:

Category 5(a)

1. Identifier Declaration, plus
2. full birth certificate or citizenship certificate or descent certificate; plus
3. Medicare or Centrelink or Department of Veterans’ Affairs card; plus
4. change of name or marriage certificate if necessary.

Category 5(b)

1. Identifier Declaration by a Person specified in Verification of Identity Standard; plus
2. Medicare or Centrelink or Department of Veterans’ Affairs card; plus
3. change of name or marriage certificate if necessary.

The Identifier Declaration

An Identity Declarant (per the Verification of Identity Standard) must be:

1. an Adult;
2. an Individual who has known the Person Being Identified for more than 12 months;
3. not a Relative of the Person Being Identified;
4. not a party to the Conveyancing Transaction(s) the Person Being Identified has entered into or is entering into; and
5. where Category 5(b) is used, the Identity Declarant must also hold a recognised professional position such as an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Licensed Conveyancer, Local Government Officeholder, Nurse, Police Officer or Public Servant.

Within the statutory declaration, the Identity Declarant must confirm certain details by stating:

1. the Identity Declarant’s name and address;
2. the Identity Declarant’s occupation;
3. the Identity Declarant’s date of birth;
4. the nature of the Identity Declarant’s relationship with the Person Being Identified; and
5. that the Identity Declarant is not a relative of the Person Being Identified; and f. that the Identity Declarant is not a party to the Conveyancing Transaction(s) the Person Being Identified has or is entering into;
6. the length of time that the Identity Declarant has known the Person Being Identified;
7. that to the Identity Declarant’s knowledge, information and belief the Person Being Identified is who they purport to be; and
8. where Category 5(b) is used, that the Identity Declarant is an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Local Government Officeholder, Nurse, Public Servant or Police Officer.

While most people will never need to rely on alternative verification methods, it’s helpful to know they exist. If you don’t have access to your usual identification documents, there are still ways to complete the process and move forward with your transaction.

As a general rule, providing original, physical ID documents will always be the simplest and most reliable option, but if that’s not possible, there are practical alternatives available.

Please contact our property team should you have any questions regarding your property contract.