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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-09-18 Daily Xml
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REAL PROPERTY (ACCESS TO INFORMATION) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (15:41): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

A Register Book of land holdings, 'the Register Book', is maintained by the Registrar-General under section 65 of the Real Property Act 1886.

Section 65 provides:

Search allowed

65. Any person shall have access to the Register Book, and to all instruments filed and deposited in the Lands Titles Office for the purpose of inspection during the hours and upon the days appointed for search.

The four principal entry points to access information held in the Register Book about title to land under the Real Property Act are the:

name of the registered proprietor;

address of the property;

certificate of title reference number;

plan and parcel reference.

The effect of section 65 is that the Register Book is an open public register that may be searched by anyone and may be searched electronically. As a result, it is possible to search the Register Book by name and obtain the residential address of the registered proprietor of real property.

The Registrar-General's office regularly receives correspondence from registered proprietors, including victims of domestic violence and members of SAPol, concerned that a search of the Register Book will reveal their residential address to someone wishing to do them harm. Many have asked that their names be suppressed from searches of the Register Book. Owing to section 65 the Registrar-General cannot comply even where he is of the opinion that the safety of the person, a member of their family, or some other person is at risk.

After targeted consultation with industry and within Government, the Registrar-General has recommended that section 65 be amended to enable him to prevent access to a person's particulars via the Register Book where the person's personal safety, or that of a member of their family, is at risk.

This Bill contains the necessary amendments.

Clause 3 repeals section 65 and replaces it with a new provision. New section 65 provides that a person whose particulars are, or are to be, contained in the Register Book or in any such instruments may apply to the Registrar-General to prevent or restrict access to their personal details. The Registrar-General may grant the application if he or she is satisfied that access to any such particulars would be likely to place at risk the personal safety of the applicant, a member of the applicant's family or any other person (and the Registrar-General may take any measures he or she thinks fit to prevent or restrict access to any relevant particulars while the application is being determined).

Clause 4 amends section 93 to provide a statutory right of access to the Register of Crown Leases that, like section 65, is subject to the Registrar-General's power to prevent or restrict access to particulars on the Register where he or she is satisfied that access to any such particulars would be likely to place at risk the personal safety of the applicant, a member of the applicant's family or any other person. Although the current structure of section 93 is different from section 65, in practice the Register of Crown Leases can be searched and thus presents the same problem as section 65.

The power conferred on the Registrar-General is consistent with the power conferred on an electoral registrar under section 21 of the Electoral Act 1985. I would expect that many electors whose details are suppressed under section 21 will apply to have their personal details suppressed under section 65 or 93.

I understand that Members of this place have been consulted about the Bill and have agreed to support its passage forthwith. For the reasons explained during the briefings on the Bill, the Government is grateful for this support.

I commend this Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal

Part 2—Amendment of Real Property Act 1886

3—Substitution of section 65—Search allowed

Section 65 of the Act gives the public a right to have access to the Register Book and to instruments filed and deposited in the Lands Titles Registration Office. This clause substitutes a new section 65 to provide that a person whose particulars are, or are to be, contained in the Register Book or in any such instruments may apply to the Registrar-General to prevent or restrict access to their personal details. The Registrar-General may grant the application if he or she is satisfied that access to any such particulars would be likely to place at risk the personal safety of the applicant, a member of the applicant's family or any other person (and the Registrar-General may take any measures he or she thinks fit to prevent or restrict access to any relevant particulars while the application is being determined).

4—Amendment of section 93—Execution and registration of Crown Lease

This clause amends section 93 of the Act to give the public a right to have access to the Register of Crown Leases and to allow for suppression of details in a manner corresponding to the proposed new section 65.

Debate adjourned on motion of Hon. J.S. Lee.

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