REG-04 Rectification in the Register and on Instruments (after Registration)
Version 1 - 14/07/2017
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1 General
Under s.188 (2) of the Transfer of Land Act 1893 (TLA) the Commissioner of Titles may direct the Registrar of Titles to correct an error made in the Register (including graphics associated with the certificate of title) or on entries made on Duplicate Paper Titles or Instruments. These are errors or omissions identified or detected after the registration of an instrument or other dealing.
On a paper title (including the duplicate title), critical errors amended by direction of the Commissioner and minor or simple clerical errors amended by Assistant Registrars of Title are made by merely striking through the error and adding the correct or omitted information.
With digital titles however, all changes must be effected by the lodgement of a document. Sundry Document type XA has been developed to facilitate the rectification of all errors and/or omissions that occur in the case of a digital title.
Rectification of an error or omission on a digital title will create (by using the Sundry Document) a new version of the Register and if the duplicate title has been produced, a new edition of that duplicate will be created. If the duplicate title has not been produced, any statement made on the Title Record will be identified by an asterisk (*) that will immediately precede the statement. This will indicate that the statement is not in the current Edition of the duplicate certificate of title.
Where an error or omission requires rectification in an instrument (but does not effect a change on the current status of a digital title) Sundry Document type XE is to be used for directions to amend and by Assistant Registrar’s. Sundry Document type XE enables registration of the rectification in the Historical Database without affecting the current status of the digital title for the land.
2 Street Address and Local Government Statements
Street address and Local Government statements contained on a digital title are held in separate databases from digital titles. The digital title is populated with this information from databases under the responsibility of Location Products and Services and Registrations respectively. Any rectification of an error or omission in these databases can only occur, after investigation by officers within those business units.