e-conveyancing market needs competition, ACCC says
The Australian Competition and Consumer Commission has called for the implementation of a "pro competition model" in the electronic conveyancing market, arguing in a report on the sector that its current regulatory framework is not fit for purpose.The mandating of e-conveyancing in four states means that PEXA is a monopoly provider "of key aspects of conveyancing services," the ACCC says. PEXA has a 60 per cent share of the Australian conveyancing market.In a report to heads of state and territory policy agencies, the ACCC says the e-conveyancing market has been evolving over the past couple of years without a clear regulatory framework "and unless deliberate action is taken by the responsible decision makers to resolve the lack of certainty, competition in the market will falter, which will be to the detriment of end users".The ACCC says ARNECC, the government body charged with facilitating e-conveyancing, should be working on a model of interoperability. It says state and territory government must get involved in ensuring there is a national approach.The ACCC's view of PEXA is that "it has demonstrated a great initiative in constructing a service where one did not previously exist. In conjunction with state governments its owners established relationships with regulators and built a platform of complex connections within and between state and commonwealth agencies."It has delivered practitioners a new and timely way of working and consumers a better service that paper-based transactions."However, if it is allowed to become an entrenched monopoly the market will likely miss out on opportunities for innovation, lower costs and improved quality of service, the ACCC says.Competition has emerged in the form of Sympli, which aims to be the second electronic lodgement network operator and which is in negotiations with partner financial service providers.The ACCC says another group called Purcell Partners is also working on plans to operate in the market."However, absent greater certainty about if and how Sympli can compete in the market, the prospect of robust competition emerging remains uncertain. The ACCC is concerned in relation to the lack of regulatory certainty for all stakeholders."