President's message

Support for interoperability between Electronic Lodgment Network Operators (ELNOs)

 

I would like to take the opportunity this week to acknowledge and thank those members of our profession who have volunteered to serve on our policy committees throughout 2020, especially as we dealt with major regulatory and procedural changes during the pandemic. This past month has been particularly busy, with the Law Society making or contributing to a plethora of policy submissions, including in relation to: the Inquiry into the high level of First Nations people in custody and oversight and review of deaths in custody; draft principles underpinning the Federal Judicial Commission; and a review of the Bail Act 2013, just to name a few.

Another major area of law reform that the Law Society has been extensively involved in for a considerable time now relates to econveyancing, and efforts to introduce interoperability between Electronic Lodgment Network providers. In the past week, we have witnessed significant progress on the interoperability issue, with confirmation that all states and territories now support the principle of requiring interoperability between Electronic Lodgment Network Operators (ELNOs) under the Electronic Conveyancing National Law (ECNL).

Importantly, a majority of jurisdictions, including NSW, have agreed to develop the technical and regulatory regime for legislation requiring interoperability to be in place by mid-2021, with the aim to have the solution live as soon as practicable, and by no later than the end of 2021.

The proposed solution has been the subject of detailed consultation with the industry and appears the most likely model capable of delivering a satisfactory outcome for the market. The Law Society has worked hard as part of this process to ensure that the needs of practitioners are accounted for and recognises that the proposed national solution will enhance the likelihood of interoperability being implemented in NSW on a sustainable, long term basis.

We look forward to engaging further with the state government and other stakeholders from around the country in the development of the new legislative framework.

On a final note, last week I was honoured to take part in the Government Solicitors Awards Ceremony and present the John Hennessy Legal Scholarship to Sarah Wyatt, a solicitor in the Department of Premier and Cabinet NSW and the 2020 Michelle Crowther PSM Excellence in Government Legal Service Award to Emma Langton, a Senior Legal Officer in the Aboriginal Services Branch of Legal Aid NSW. Congratulations to Sarah and Emma, and also to Felicity Dougherty, General Counsel at the Australian Nuclear Science and Technology Organisation, who was awarded a highly commended nomination in the Michelle Crowther PSM Award. And thank you to my co-presenter, Law Society CEO, Sonja Stewart.

Richard Harvey, President, Law Society of NSW

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