Office Circular No. 16/2024
DATE: 16 July 2024
DISTRIBUTION: GENERAL
SUBJECT: PAPER CERTIFICATES OF TITLE
Background
On 7 March 2024, the Recorder's Directions came into effect as part of the reforms to the existing paper-based conveyancing process.
On 15 April 2024, Office Circular No. 14/2024 announced the commencement of compliance examinations. These examinations have been conducted to ascertain the level of compliance with the Recorder's Directions, particularly in relation to verification of identity, verification of right to deal, client authorisation, and retention of evidence.
As part of the pathway to the eventual implementation in Tasmania of the National Electronic Conveyancing system, it is proposed that paper certificates of title will be abolished. However, the removal of paper certificates of title is dependent on adequate levels of compliance with these new requirements that mitigate risks in the conveyancing process.
Current status
To date, the quantity of compliance examinations and the quality of outcomes are insufficient for the purpose of deciding to remove paper certificates of title from the conveyancing process. On this basis, the requirement to lodge the paper certificate of title with a Registry Instrument or Document will remain unchanged until further notice.
Significantly, paper certificates of title will not be removed before the introduction of electronic conveyancing for stand-alone mortgages, stand-alone discharges of mortgage, and refinances scheduled for August 2024.
Looking forward
The Land Titles Office is continuing to progress the implementation and adoption of reforms that will allow the removal of paper certificates of title.
A process for production of certificates of title adapted to electronic conveyancing is being developed. This process will utilise the existing production procedure available through the Tasmania Online Land Dealings (TOLD) system.
Further information about the current requirements and the future of paper certificates of title can be found on the NRE website (Status of Certificates of Title).
ROBERT MANNING
Recorder of Titles