The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
Guide reviewed and rewritten 19/10/2024
1. Overview
Name Suppression is available to eligible people to apply to the Registrar of Titles to have their name suppressed from Landgate’s searching indexes and data extracts. This is contained in the Transfer of Land Regulations 2004. The Name Suppression service is available only to people who can prove they are at risk of personal harm should their details be easily discoverable or are suppressed on the electoral role.
The land titles register is an open, public searchable register created under the Transfer of Land Act 1893. The land titles index enables the public and professionals to search the register and obtain information about property owned by individuals.
A successful Name Suppression application will not change a record in the land titles register. It will however, remove a suppressed name from name searching indices and from datasets/data extracts administered by Landgate.
Name Suppression prevents enquirers from using a suppressed name as a starting point from which to discover an address. It will not completely prevent a suppressed persons’ details from being discovered, because a suppressed name (and address) may still be discovered by using other search criteria such as an address, undertaking a title search or a lot on plan search, having the title details prior to suppression and in some extreme cases a suppressed person being followed home or via social media posts.
1.1. Suppression of Sale Price or Sales Evidence
The Land Titles Registry in WA under the Transfer of Land Act 1893 (TLA) is an open public registry. The TLA has no provisions within it to suppress information such as sales evidence or sale prices and we are unable to prevent the disclosure of Sales information distribution to external property-based websites.
Should you wish to have this information removed from such websites, you would be best to speak directly to that organisation.
2. Eligibility for Name Suppression
People who are eligible for Name Suppression are people (and/or their family members) who have been subjected to direct threats of violence. However, if you can prove that you have become a silent elector then this will remove the need to establish to the Registrar of Titles that you have been subject to direct threats of violence.
Applicants are eligible if they:
- own a property
- about to own property (future owner)
- previously owned property (ex-owner/historical ownership)
- hold an interest in property
- have lodged a purchaser’s caveat over property
or
- are a donor or donee of a Power of Attorney lodged with Landgate.
All applicants must provide evidence of their eligibility. For applicants who are a silent elector registered with the Western Australian Electoral Commission and/or the Australian Electoral Commission, production of proof of Silent Elector Status is sufficient that a threat exists, or for applicants who are subject to a Violence Restraining Order (VRO), production of the VRO may be sufficient that a threat exists
The nature of an applicant’s occupation does not itself give rise to a right to have that person’s name suppressed under the requirements for having their name suppressed. There may be instances where some level of discretion when assessing an application based on role/occupation may be considered and approved by the Assistant Registrar or Delegate of the Registrar.
3. Extent of Name Suppression
A suppressed name will remain suppressed until a formal Withdrawal of Suppression request has been completed by the applicant and processed by Landgate. Applicants of a Withdrawal of Suppression will need to provide evidence to satisfy a 100-point identification check.
You will need to make a new Name Suppression Application:
- if you acquire new property or interests in land
- lodge a new purchaser’s caveat
- and/or become a donor or donee of a Power of Attorney lodged with Landgate
- if you change your name
- if you subdivide your land (on title with name suppression)
- if you transfer/sell your land to another person your record will transfer to an ‘Ex Owner’ will remain suppressed on that title.
4. Who can access my suppressed details other than Landgate?
Authorised government agencies such as the Australian Taxation Office, Child Support Agency, Centrelink, Revenue WA and Police will have access to suppressed details, as well as customers that can provide a legitimate business use for requiring suppressed details, e.g. Executors/Administrator appointed under a will/Letters of Administration or court order.
Data provided to Landgate customers prior to your Name Suppression taking effect will still show your details. However, the small group of customers that can access your details will be bound by contract or law not to reveal any information.
5. How to Apply for Name Suppression
To apply you will need the Name Suppression form, statutory declaration and supporting evidence which can be obtained:
- online by downloading an Name Suppression Form and Statutory Declaration
- by telephone request on +61 (0)8 9273 7373 for information to be emailed or to be posted to you
or
- collect the forms from Landgate’s Midland or Perth offices.
Please ensure that you include at least one current contact point in the ‘Lodged by’ section of the form. Such as a email address, phone number, postal address etc.
5.1 Statutory declaration
A Statutory declaration is required with any and all Name Suppression Applications. Where the reason for application is reliant on the status of silent elector or VRO the Statutory Declaration is to verify your identity in relation the Certificate of Title or any other document to which you wish the suppression to apply, and to confirm that you are the same person as identified in your silent elector letter from the Electoral Commission or VRO.
If you are not a silent elector or subject to a VRO you also need to complete the Application form NS and Statutory Declaration however the declaration in addition to verifying your identity in relation to the Certificate of Title or any other document to which you wish the suppression to apply, will need to state why you believe that you or your family are at risk of harm and provide evidence to substantiate your claim. You will need to sign the Statutory Declaration in the presence of an authorised witness.
5.1.1 Statutory Declaration for Silent elector or VRO
The statutory declaration must state the following:
- State the true and correct name, address and occupation of the declarant (the person/s making the declaration)
- The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) and state the legal land description of the certificate of title/s and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124). For example “I am the registered proprietor of the land comprised in certificate of title Volume ….. Folio…..”
- State “I am/We are the same person/s named in the silent elector letter/s or OR VRO [state number] included with this Application.”
- State that the declarant and person shown in the evidence provided is identical with and one and the same person as the person described on the certificate of title (e.g. the person shown on the certificate of title as Steven Jones is one and the same person as Steven Alan Jones shown on the silent elector letter OR VRO).
5.1.2 Statutory Declaration not covered above
Where the applicant is not a silent elector or subject to a VRO or Police Report. The statutory declaration must state the following:
- State the true and correct name, address and occupation of the declarant (the person/s making the declaration)
- The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) and state the legal land description of the certificate of title/s and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124). For example “I am the registered proprietor of the land comprised in certificate of title Volume ….. Folio…..”
- State “I am/We are not a silent elector/s and are on the electoral role.”
- Set out and detail the reason for application and threat. The threat being actual and not perceived.
- State that the declarant and person described on the certificate of title are one and the same (e.g. the person shown on the certificate of title as Steven Jones is one and the same person as the applicant Steven Alan Jones).
5.2 Fees
There is no registration fee payable for the lodgement or withdrawal of a Name Suppression application.
6. How to Submit your Name Suppression Application
There are 2 ways to submit your application.
1. You can post your original application and all related documents in a sealed, secure envelope addressed to:
‘CONFIDENTIAL’
Landgate
Name Suppression Officer
PO Box 2222
MIDLAND WA 6936
To ensure confidentiality do not put your name on the envelope. Your name should appear only on the application form and on any supporting documentation.
2. You may also hand deliver your application and supporting documentation to Landgate’s Midland office in a sealed envelope addressed to:
‘CONFIDENTIAL’
Name Suppression Officer
For additional questions not covered by this topic or FAQ’s below, your enquiry can be emailed to NSO@landgate.wa.gov.au
7. Frequently Asked Questions (FAQ)
A. Will my name be completely hidden?
No. Name Suppression will only prevent your interest in property and Powers of Attorney from being found via a name search extracted from the Register and book of Power of Attorneys. If any other type of search is carried out, the details will be available
B. Who will process my application?
Your application will be considered by an Assistant Registrar of Titles or Delegate of the Registrar of Titles and you will be notified of the outcome in writing based on the contact details provided, ie email, postal address.
C. How long will it take to process my application, and will I get notified?
We endeavour to process your application the same day we receive it (exceptions may apply). Yes, you will be notified of the outcome in writing on that day.
The fastest means of notification is by email, otherwise notification will be issued by post.
D. How long will it take for my name to be suppressed from property data platforms?
It may take 12-24 hrs for the changes to be complete (some exceptions may apply ie Public Holidays).
E. Why can I still search my name?
Your name may still return a positive result if searched in a name search on some platforms, but no title details will be provided if an application for the data is submitted.
F. I am registered with the Western Australian Electoral Commission as a silent elector but I have lost my silent elector letter. What do I do?
Landgate will accept a copy of the WAEC letter informing you of the Name Suppression service. Please contact WAEC if you need a replacement letter.
G. What if I subdivide my land? Do I need to make a new Name Suppression application?
If any new titles are created that are derived from a title that you are currently suppressed on (e.g. subdivision), you withdraw a purchaser’s caveat and you subsequently purchase the interest or make an application to change your name Landgate will require you to provide a new application.
H. Can I get my name suppressed on a cancelled title?
Yes you can. This would be considered ex-owner or historical data. You must make this request clear by specifying the volume / Folio details, as searching or checking cancelled titles is not part of the standard process. Especially if the street address has moved to a current title following subdivision.
I. How long does Names Suppression last?
When a name is suppressed, it is permanent until a formal withdrawal request is submitted. There is no charge for the removal of a Name Suppression.
J. I have an approved Name Suppression, can I just provide the number without doing a new application?
No you cannot. Once approved you cannot add to it. You must do a new application and will be given a new number for that application/land. You can refer to a previous application in the statutory declaration and this will be noted but it will not impact or sway the assessment process.
K. May I make a joint application?
Yes you can, if the joint applicants are your partner and/or any dependent children. Joint applications of any other nature will not be accepted, and you will need to submit separate applications.
Landgate strongly advises you to encourage other people on your title or other document to apply to have their name suppressed as your address may be found through the search of one of their names. Other documents include purchaser’s caveats, leases and Power of Attorney documents.
L. Can my application be search like other public records (titles, documents, plans)?
No, it cannot. Your application will not be made available on the Public Register.
M. Can my settlement agent or lawyer submit my application for me?
Yes, they can. They can provide it before or after settlement.
N. Can I submit my application electronically with my land transactions?
No. Name Suppression Application cannot be accepted electronically at this stage. Subscribers should not attach your name suppression application to the workspace or lodge them electronically with the Transfer, they must be provided in paper separately.
O. I have multiple properties, can I do one application that lists all of them?
Yes, you can add all the properties to the one application. A separate or new application is required if you buy more land.
P. I have my name suppressed; how has my address been obtained by person X?
There may be other means that a suppressed persons address can be obtained or discovered, such as person X knowing where you work, through an acquaintance or posting via a social media platform. If person X knows where you work or know your circle of friends, you could be followed home by person X. Posting on social media of your where abouts or place of residence.
Q. I have a silent phone number, can I get my name suppressed?
Name Suppression is available only if your personal safety or your family’s safety is at risk
R. Can I or someone else remove/withdraw my name suppression?
Yes and No. A name suppression can be withdrawn by the applicant. The withdrawal process requires the applicant to personally attend the Midland Office and present 100 points of identification. This is to mitigate someone other than the applicant making the request and removing the suppression improperly
S. Do I need to remove/withdraw my name suppression if my circumstances change?
It’s a personal preference, but no it’s not necessary to withdraw your application. A name suppression for current name and historical ownership does not need to be withdrawn, it will run indefinitely. The reason or purpose for the name suppression may continue well past the initial threat.