Office Circular No. 14/2024
DATE: 15 APRIL 2024
DISTRIBUTION: GENERAL
SUBJECT: RECORDER'S DIRECTIONS - COMPLIANCE EXAMINATIONS
The Recorder's Directions which took effect on 7 March 2024 made binding Directions relating to the preparation and lodgement for registration of applications, dealings, instruments, and other documents for the purposes of the Land Titles Act 1980.
Pursuant to clause 7.1. the Land Titles Office is conducting Compliance Examinations to ascertain whether or not the Recorder's Directions are being, or have been, complied with.
The process is further outlined as follows:
Compliance Examination process
- Compliance Examination Notice provided to Subscriber
- Response received by Land Titles Office and Compliance Examination conducted
- If required, Interim Assessment Notice sent
- Response received and reviewed by Land Titles Office
- Assessment Notice provided to Subscriber
Compliance Examination Notice
The Land Titles Office will provide a Compliance Examination Notice to the Subscriber stating the time in which the information and Documents must be furnished, this will not be less than 10 Business Days after the giving of the notice.
The Compliance Examination Notice will provide a link to a Record of Compliance. The Record of Compliance provides guidance about the supporting evidence which will be required for the purposes of a Compliance Examination. The Record of Compliance contains a certification to be given on behalf of the Subscriber, this certification can be signed by any Person within the Subscriber's organisation.
When responding to a Compliance Examination Notice, including the provision of the Record of Compliance, please only provide copies of Documents or information (in hard copy form by post or in person) to the Land Titles Office.
Default Notice
If no response to a Compliance Examination Notice is received within the time specified, a Default Notice will be issued. A Default Notice may invite submissions in relation to the apparent default.
​No response to a Compliance Examination Notice is considered a breach of the requirements of clause 7 of the Recorder's Directions and Subscriber's will be reminded of their obligations set out in the Recorder's Directions, in particular clause 7.2.
Interim Assessment Notice
The Land Titles Office may issue an Interim Assessment Notice to highlight requirements where the Subscriber has not demonstrated compliance to the expected level and to afford the Subscriber a further opportunity to mitigate the apparent non-compliance. An Interim Assessment Notice issued to a Subscriber will state the time in which the response must be furnished.
Assessment Notice
At the completion of a Compliance Examination, the Land Titles Office will issue an Assessment Notice. The Assessment Notice will highlight, if any, requirements where the Subscriber has not demonstrated compliance to the expected level and detail, if any, further steps to be undertaken by the Subscriber.
Notices
Information and Documents provided in response to a notice (Compliance Examination Notice or Interim Assessment Notice) are to be provided, as copies, in hard copy paper form only, either by:
- Hand delivery at the Land Titles Office Drop off box in the foyer of 134 Macquarie Street, Hobart, or Land Titles Office, Level 1, 134 Macquarie Street, Hobart TAS 7000 or
- By post to the Land Titles Office, PO Box 541 Hobart, TAS, 7001
For the security of private and personal information, all copies of documents, notes, and records, other than the Record of Compliance, will be destroyed by the Land Titles Office at the completion of a Compliance Examination.
More information
Refer to Compliance Examinations for more information.
The new Compliance Examination process is separate to the established examination and registration process. Where a Registry Instrument or other Document is in registrable form, the Registry Instrument or other Document will be registered, regardless of the outcome of a Compliance Examination.
As these significant reforms, including Compliance Examinations, are undertaken by the Land Titles Office, the current processing time for examination and registration of Registry Instruments and other Documents is impacted.
There is no fee payable for a Compliance Examination.​
Compliance Examinations are undertaken on a Subscriber by Subscriber basis. As such, the Contact Details provided in the Contact Details – Lodgement Form are used when the Land Titles Office corresponds in relation to a Compliance Examination for a particular Registry Instrument or other Document. Subscribers should consider which Contact Details are to be provided for Compliance Examinations including any impact or change to current business practices.
ROBERT MANNING
Recorder of Titles