The Land Transfer Act 2017 provides for anyone who is concerned for their safety to apply to have information withheld from the Register, so that it is not publically available. Identifying information may also be withheld under the Domestic Violence Act 1995 (now the Family Violence Act 2018).
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This guideline sets out information requirements and processes for applications under both the Land Transfer Act 2017 and Domestic Violence Act 1995 (now the Family Violence Act 2018) regimes.
Anyone who is concerned for their safety may apply to have information withheld from the Register if the information will disclose their whereabouts and prejudice their safety.
‘Withholding period’ is used in this guideline to describe any period during which information is withheld from the register under either regime.
Note: The Domestic Violence Act 1995 and Domestic Violence (Public Registers) Regulations 1998 have been repealed and replaced by the Family Violence Act 2018 and Family Violence Regulations 2019 effective 1 July 2019. This carries over the existing processes for applying for information to be hidden based on protection orders. We will shortly be republishing this guideline with updated references to that Act and Regulations. In the meantime, applications under that Act will be processed in accordance with the procedure outlined in this guideline.