DATE: 30 JANUARY 2026
DISTRIBUTION: GENERAL
SUBJECT: RECORDER’S DIRECTIONS – PREPARING FOR AND RESPONDING TO COMPLIANCE EXAMINATIONS
Reference is made to correspondence regarding Certifications and Compliance Examinations issued on 15 January 2026. Further to that correspondence and noting some recent:
- requests for extensions of time to respond to Compliance Examination Notices;
- querying of the reason for increased numbers of Compliance Examination Notices; and
- assertions of ‘more work’ being occasioned by the issuing of Compliance Examination Notices;
and even though there is evidence of considerable compliance the following points are offered for assistance:
- All Conveyancing Transactions are eligible for Compliance Examinations and should be considered as potentially becoming the subject of Compliance Examination at some stage.
- It is something of an aberration that for the purposes of the reform agenda being implemented by the Land Titles Office (LTO), Compliance Examinations to date have mostly been undertaken shortly after lodgement and in many cases prior to registration.
- The obligation under the Directions is to retain evidence of compliance for not less than seven years from the time of lodgement of the Registry Instrument.
- The requirements of the Directions were the subject of consultation and subsequent training, education and support, and have been in place for nearly two years. These requirements include the obligation to respond to a Compliance Examination Notice within ten (10) working days.
In ordinary circumstances there is no justification for an extension of time being granted.
5. It is in the ordinary circumstances of the business of a law firm, of a licensed conveyancer or of a financial institution that:
• Principals, officers, and employees are on leave from time to time; and/or
• Principals, officers, and employees may leave that business within the subsequent period of seven (7) years following lodgment of a Registry Instrument relating to a Conveyancing Transaction.
6. The record-keeping evidencing compliance with the Directions entails not only copies of documents obtained by a Subscriber but also in many cases file notes of the reasoning process which led to judgments of satisfactory compliance. Such records are difficult, or potentially impossible, to create at a subsequent time, especially when the person who had the principal carriage of the relevant Conveyancing Transaction is no longer with the firm of the Subscriber.
7. There is no requirement that a Record of Compliance sent to the LTO must be signed by the person who had principal carriage of the relevant Conveyancing Transaction.
8. It is acknowledged that compliance with the Directions requires Subscribers to undertake additional work as part of the Conveyancing Transaction, and it would be reasonable for this additional work to be reflected in increased fees for services charged by a Subscriber in connection with Conveyancing Transactions.
9. Compliance Examination is not a temporary measure.
Although the volume of Compliance Examinations may vary from time to time, it will be a permanent business-as-usual feature of the conveyancing process and of LTO activity, and cannot justifiably be perceived as “extra work”.
10. The businesses of Subscribers have had more than adequate time to structure their processes, resource their business activities and review their fees for services to accommodate this permanent change to property conveyancing activities.
11. It is not appropriate for the Recorder of Titles to advise or recommend to Subscribers how to conduct their businesses, but it appears obvious that any angst generated by the serving of a Compliance Examination Notice and any difficulty in providing a response within the prescribed period would be obviated by:
• Charging fees for conveyancing services which cover not only the work necessary to comply with the Directions but also documentation of relevant reasoning and decision-making, and subsequent retention of evidence and potential response to a Compliance Examination;
• Ensuring the documentation of relevant reasoning and decision-making is made during the course of the Conveyancing Transaction; and
• The collation of all documentation (including the signed Record of Compliance) in respect of each Conveyancing Transaction which would be required to be sent to the LTO in the event of a Compliance Examination being conducted in relation to that Conveyancing Transaction.
Notwithstanding the comments above it is acknowledged that many Subscribers have already implemented or taken into consideration these points in order to meet the requirements of the regulatory framework.
Related information
• Compliance Examinations: Compliance Examinations | Department of Natural Resources and Environment Tasmania
• Certifications: Certifications | Department of Natural Resources and Environment Tasmania
ROBERT MANNING
Recorder of Titles
Contact
Land Titles Office
Level 1, 134 Macquarie Street
Hobart TAS 7000
Email: ltoreform@nre.tas.gov.au