NECSpress Issue 37 - National Electronic Conveyancing System

Welcome to NECSpress, the e-newsletter for the National Electronic Conveyancing System.

• Legal Framework Development
• Technical Requirements Definition

LEGAL FRAMEWORK DEVELOPMENT WORK STARTS

Underlying much of the work done so far in the development of NECS has been the recognition that it must be supported by a legal framework that will deliver all conveyancing industry participants the certainty and equitable risk allocation necessary for a viable system. As this must be in place before NECS can start operating, work has now commenced on the legal framework for NECS. Clayton Utz has been engaged to identify and scope the requirements.

Among the issues the work will address are:

• the nature and content of common enabling legislation needed in each State and Territory
• the way in which the common business practice requirements of the Land Registries will be prescribed
• the need for any changes to existing legislation governing conveyancing and its professional practice
• the form and content of rules needed to govern users of the system and how they will be implemented
• the content of the contracts needed with parties providing supporting services to the system and its
users.

This work will build on the foundations established by the risk assessment Risk Assessment and the Regulatory Review of the National Business Model and on the preliminary work already done by NECO and the Land Registries.

The work will require consultation with all key stakeholders to gather their opinions and expectations so that the framework developed and its major components will be widely supported as necessary and appropriate for safely and confidently completing conveyancing transactions in the electronic environment envisaged for NECS.

Clayton Utz will be making contact with all key stakeholders in the next week or so, but if you have a particular issue you want covered, or a view you want to express, please make contact with Mark Sneddon or David Kreltszheim now at msneddon@claytonutz.com or dkreltszheim@claytonutz.com.

TECHNICAL REQUIREMENTS DEFINITION WORK UNDERWAY

With work now well-advanced on defining the functional requirements for NECS following publication of the initial version of the NECS Requirements Definition (NRD) in mid-2008, two new pieces of work have recently been commissioned from industry experts to complement the functional requirements.

The first piece of work is focused on defining the non-functional requirements of the system that will be crucial to its successful provisioning. It will look at such characteristics of successful contemporary software engineering as security, reliability, accessibility, usability, robustness, responsiveness, maintainability, sustainability, portability, recovery, back-up, etc.

The work is essential to ensure the system ultimately acquired or developed for NECS meets the expectations of all users and can be confidently relied upon as the industry platform for completing conveyancing transactions in the future.

The second piece of work is focused on the defining the message standards for web services connection to NECS and the implications and commissioning requirements for web services users. It will look at the current state of the message standards being used or planned for by potential web services users of NECS and develop a common approach most likely to maximise system compatibility and ensure a seamless user experience. The work will also develop the requirements for testing, accrediting and commissioning web services connections and complement the work being done with LIXI to develop a standard for the content of communications with NECS.

The provision of web services from the outset is seen as critical in gaining industry take-up and use of NECS.

Both pieces of work are being undertaken by Saratoga Professional Services. Both require Saratoga to consult with key stakeholders on their requirements, views, intentions and expectations. Contact with stakeholders will commence within the next two weeks but if you have a particular issue you want covered, or a view you want to express, please make contact now at necsfeedback@saratoga.net.au.

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