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From: Greg Thompson <Greg.Thompson@justice.qld.gov.au>
Date: 18 May 2015 4:19:27 pm AEST
To: "carolmay2@bigpond.com" <carolmay2@bigpond.com>
Cc: Lisa Shaw <Lisa.Shaw@justice.qld.gov.au>, Annika Ward  <Annika.Ward@justice.qld.gov.au>
Subject: RE: JP BRANCH: POLICIES & PROCEDURES: WITNESSING LAND TITLES  FORMS
Hello Carol,
 
Further to Lisa’s email, JP Branch has received the following advices from the Land Registry regarding evidencing an individual’s entitlement to execute a Land Titles form:
 
evidence provided by electronic means is acceptable provided the JP is confident that the evidence has come from a reliable source. It is quite common these days for customers to receive a range of information electronically and it seems like creating extra red tape to require the customer to print out a document that they have received electronically.”
 
(My bolding and italics)
 
In addition, Titles Registry has issued an updated Alert Issue 120 (dated 14 May 2015) “Important information for your clients when signing Titles Registry Forms” and a PDF of this is attached for your information. The attachment to Issue 120 records the types of documents clients may present to evidence entitlement. NB: This is not an exhaustive list, but records the main types of documents that a client might present in support of their entitlement to execute a Titles Registry form (usually Form 1 Transfer & Form 2 Mortgage).
 
Any interested parties may subscribe to Titles Registry Alerts via the following link: https://www.business.qld.gov.au/industry/titles-property-construction/titles-property/titles-registry-alerts
 
Accordingly, supporting documents, such as a current rates notice, need not be a hardcopy but can be evidenced electronically, provided that this “has come from a reliable source”. In this respect, the client would need to access the electronic document (e.g., via an I phone or I pad) in the presence of the witness. In such situations, the witness might consider it prudent to record in their logbook a brief note on how the document was sighted (e.g., “Client’s Gold Coast rates notice viewed online”).  
 
Regarding your proposal for a signing site on the Isle of Capri, at this point JP Branch would consider that there is a comprehensive signing service on the Gold Coast through the existing program sites. In the second half of this calendar year we will be looking at establishing signing sites in those areas of the State where there are limited or no services available to local communities. 
 
However, if you believe there is demand for a signing service on the Isle of Capri, the shopping centre management might be prepared to allow you to trial this over a few months after which you can let us know how this went.
 
Don’t hesitate to call me if you would like to discuss.
 
Regards & best wishes, Greg.
 
Greg Thompson
Community Engagement Officer
Justices of the Peace Branch
Department of Justice and Attorney-General
Email: greg.thompson@justice.qld.gov.au
PH: (07) 3109 1767 FX: (07) 3109 1699



From the GCJA Newsletter January/April 2015 issue

SCREENED DOCUMENTS
A number of instances have occurred recently where documents have been presented for witnessing etc. and the process required a copy of, for example a Rates Notice in support of a Real Estate transaction. The client, without the original document shows the J.P. the document on the screen of an iPad.
QUESTION Is this acceptable?
ANSWER No.
Enquiries made at our local Land Titles Office have categorically said ‘No’ that under no circumstances may a screened document be accepted in relation to the processing of real estate transactions. 
The J.P. Branch has confirmed that this rule applies to all transactions, unless the client’s principle has indicated acceptance of a screen view of a supporting document.
The problem is that for fraudulent reasons or simply convenience, the original document can be tampered with prior to computer transmission and later, if necessary the original document restored.