Client Authorisation

​​​​​​​​​​​​Changes are happening to the conveyancing process. Please read this information together with the overview on the Reforms to Conveyancing Process​ webpage.

​​​Subscribers – law practices, legal practitioners and licensed conveyancers – acting as Representatives, will be required to obtain, from their Client, a signed Client Authorisation in a specific form. A Client Authorisation authorises conveyancing practitioners to act for a Client and, where provision is made, sign and complete relevant Registry Instruments and other Documents on the Client’s behalf. 

This requirement applies to both paper-based and electronic conveyancing processes by virtue of the Recorder’s Directions and Participation Rules, respectively.  

The Client Authorisation Form, for use in both paper-based and electronic conveyancing in Tasmania is found here:

 Client Authorisation Form - Tasmania Only Version T7 (DOCX 49Kb)​​

  • It would be prudent to always use this form where it is not at the relevant time known whether the transaction will progress via the paper-based or electronic conveyancing process.​​​
  • The Client Authorisation is separate from any retainer agreement or authority to act.


For use solely for electronic conveyancing in Tasmania, and as used nationally, the Client Authorisation Form can be found on the ARNECC website.​

Please note: Any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.

​Frequently Asked Questions​​

The following FAQs do not constitute legal advice, nor does it replace prudent conveyancing practice. Nothing written below overrides the Recorder’s Directions, Participation Rules, any other relevant legislation, or Prescribed Requirements.

For this information and more, including a comprehensive list of Frequently Asked Questions, please see the ARNECC Guidance Note on Client Authorisation.

​What is Client Authorisation?​​

Client Authorisation is a process that enables a Party to a transaction (the Client) to authorise a Subscriber (the Representative) to act on their behalf in that transaction, which is evidenced in a properly completed Client Authorisation Form. 

While Client Authorisation empowers a Representative to act for a Client in a similar way to a power of attorney, legislation specifically states that the Client Authorisation is NOT a power of attorney.

Accordingly, Client Authorisation does not need to comply with any legislative requirements relating to powers of attorney or to be registered in those Jurisdictions where registration of powers of attorney is required.

While acting on behalf of the Client under a properly completed Client Authorisation Form, the Subscriber acting as Representative can:

  • sign Registry Instruments or other Documents, only where provision is made

  • present Registry Instruments or other Documents for lodgment with the Land Registry

  • authorise or complete any associated financial aspects of the transaction

The Client Authorisation Form clearly sets out the details of the authorisation and the properly completed form must be retained as supporting evidence of authority for the transaction. 

The Client Authorisation Form contains a privacy and Client information statement at clause 4. This provides notice to a Subscriber acting as Representative, and the Client or Client Agent, that information obtained, including personal information, may be collected, stored and used by, and disclosed, stored and used by, parties involved in the completion or processing of the Conveyancing Transaction(s). The information may also be used for other purposes as required by law, such as for the purpose of a Compliance Examination. 

​When is Client Authorisation required? ​​

For paper-based conveyancing: 

The Recorder's Directions require Client Authorisation whenever a Subscriber represents a Client in a conveyancing transaction.


For electronic conveyancing only:

The Participation Rules require Client Authorisation whenever a Subscriber represents a Client in a conveyancing transaction, except where the Subscriber is preparing and lodging a Caveat, Priority Notice or withdrawal of Priority Notice.

For a Caveat, Priority Notice, or withdrawal of Priority Notice, obtaining a Client Authorisation Form is optional.

When Client Authorisation is optional, a Subscriber is still required to take reasonable steps to verify the identity of their Client before they sign the Caveat, Priority Notice, or withdrawal of Priority Notice.

Where Client Authorisation is not obtained for a Caveat, Priority Notice, or withdrawal of Priority Notice, the Subscriber is still required to take reasonable steps to verify the authority of each Client or Client Agent to bind the Client to the Caveat, Priority Notice, or withdrawal of Priority Notice.

How should Client Authorisation be undertaken?​​

Client Authorisation is undertaken by the Client or Client Agent and the Subscriber (law practice, legal practitioners or licensed conveyancers) acting as Representative, including the proper completion of a prescribed Client Authorisation Form. 

A properly completed Client Authorisation Form is one that is filled in, dated and signed by the Client, or Client Agent and by the Representative, or Representative Agent. The “Terms of this Client Authorisation” must form part of a properly completed Client Authorisation.

A Subscriber representing a Client is also required to take reasonable steps to verify the authority of each Person participating in Client Authorisation on behalf of a Client to both bind the Client to the Client Authorisation and to the Conveyancing Transaction(s) the subject of the Client Authorisation.

Ideally, the verification of identity of the Client or Client Agent would be completed at the time the Client or Client Agent signs the Client Authorisation Form. However, there may be instances where these processes are not able to occur simultaneously and in these instances, the Subscriber​ acting as Representative needs to take reasonable steps to ensure that the Client Authorisation Form is being signed by their Client or Client Agent. One example of how this may be done is by referencing the verification of identity supporting documentation and taking appropriate steps to ensure it is the same Person signing.

How should a Client Authorisation Form be completed?​

A Client Authorisation Form must be a standalone form and substantially comply with the form used for paper-based and electronic conveyancing in both Schedule 3 of the Recorder's Directions or for electronic conveyancing in Schedule 4 of the Tasmanian Participation Rules as amended from time to time. 

For readability it is recommended:

  • Arial font with a minimum font size of 10 point

  • Blue or black ink is used.

The Subscriber acting as Representative also needs to sign the form in the Representative section of the form. Any Person who is a Principal, Officer, employee or contractor of, and authorised by the Subscriber to sign the Client Authorisation Form, may sign the Client Authorisation Form - for Representative Agents read below. The Subscriber acting as Representative, or where applicable, the Representative Agent, will certify that reasonable steps were taken to ensure the Client Authorisation Form was signed by the Client or Client Agent.
If the Client Authorisation Form is signed by the Subscriber's Agent (Representative Agent), the Subscriber does not also need to sign the Client Authorisation Form. However, the Subscriber’s details must still be specified in​​ the Client Authorisation Form as the Representative. 

What types of authorities may be given in a Client Authorisation?

What information is required for each type of authority given in a Client Authorisation?​​

Three types of authorities may be given in a Client Authorisation:

Specific Authority:

  • ​​means an authority for the Representative to act for the Client in completing the Conveyancing Transactions described in the Client Authorisation ​

  • the transaction details should be set out, including the address and land title references, and the type of Conveyancing Transaction(s); or

​Standing Authority:

  • ​​means an authority for the Representative to act for the Client in a batch of Conveyancing Transactions details of which are attached to the Client Authorisation

  • the expiry date, if there is one, should be provided, including the Conveyancing Transaction types; or

Batch Authority:

  • ​means an authority for the Representative to act for the Client as described in the Client Authorisation for the period of time set out in this Client Authorisation

  • the details of the transactions the Batch Authority is intended to cover should be set out in an attachment.

​​How many types of Clien​​t Authorisation Form are there?​​

Where ca​n I get a ​Client Authorisation Form?

​​Wh​​ich Client A​uthorisation Form should I use?

For both paper-based and electronic conveyancing: 

As required by virtue of the Recorder's Directions, a Representative will be required to use the Client Authorisation Form appropriate for use in both paper-based and electronic conveyancing. It would be prudent to always use this form where it is not at the relevant time known whether the transaction will progress via the paper-based or electronic conveyancing process. The form is available here or as provided at the top of the page:

 Client Authorisation Form - Tasmania Only Version T7 (DOCX 49Kb)

A Client Authorisation Form is also presented in Schedule 3 of the Recorder’s Directions


​​For electronic conveyancing only:

A Representative may use the Client Authorisation Form available above, or may use the Client Authorisation Form, available on the ARNECC website.

​​​A Client Authorisation Form is also presented in Schedule 4 of the Participation Rules. ​​​

How many Clients can be recorded on a Client Authorisation Form?​

​​As many Clients as are required can be recorded on a Client Authorisation Form. The Client Authorisation Form provides for recording two Clients. The Client Authorisation Form will need to be suitably amended where there are to be more than two Clients.

Once I have properly completed Client Authorisation, may I sign all Registry Instruments or Documents?​

​No, where a Registry Instrument or Document requires a Client or Client Agent to sign, the Client or Client Agent must sign. Land Titles Office Registry Instruments and other Documents will be updated over time to permit the Authorised Representative to sign.

What ​​is a Representative Agent?​​

Representative Agent means a person appointed in writing by a Representative to act as the agent of the Representative including to sign the Client Authorisation. For the avoidance of doubt this can include an Identity Agent if so authorised. ​

​Can a Re​​​presentative Agent undertake Client Authorisation?​​

Yes if appropriately appointed and authorised by the Representative.

Can a Representative Agent sign the Client Authorisation Form? ​​​

Yes if appropriately appointed and authorised by the Representative.

Can I design my own version of the Client Authorisation Form?​

Only slight variations are permitted so that the Client Authorisation Form remains in substantial compliance with the Client Authorisation in the form required by either the Recorder’s Directions or Tasmanian Participation Rules (as applicable). This will ensure that everyone is participating on the same terms in a Conveyancing Transaction. 

​​Does the Client Authorisation Form take the place of the usual retainer agreement or authority to act entered into with my Client?​

No. The Client Authorisation Form is required separate from the usual retainer agreement or authority to act. The usual retainer agreement or authority to act cannot be inconsistent with the Client Authorisation.

I am a financial institution acting on my own behalf - do I need Client Authorisation to Lodge a mortgage or discharge a mortgage over my customer’s property?​​

No. When lodging a mortgage or discharge of mortgage you are not representing your customer.

​​Can a Client Authorisation Form be electronically signed?

​This is for the Subscriber to determine. There is no requirement in the Electronic Conveyancing National Law, Tasmanian Participation Rules, or the Recorder’s Directions that the Client Authorisation Form needs to be wet-signed. The Subscriber will determine whether the act of the Client or Client Agent electronically signing the Client Authorisation Form complies with the Electronic Transactions Act 2000 (Tas).​​​

Contact

Land Titles Office

Level 1, 134 Macquarie Street,
Hobart, TAS, 7000.