Carry Out Search
of the Public Record
Unit BSBLEG302A
Unit Notes
CARRY OUT SEARCH OF THE PUBLIC RECORD BSBLEG302A
SEARCH PROCEDURES
Preparing for the Search
When planning a search it is important to pay careful attention to the instructions you are given. You should be very clear about what you have been asked to do. You should listen carefully, take notes and clarify the search requirements.
When doing searches there may be one or more deadlines you need to be aware of. You will need to prioritise the urgency of the searches. These deadlines may include:
ú Court deadlines – when certificate has to be produced or when a client has to appear
ú Lawyer’s workload – there may need to be several searches done at the same time
ú Your workload – the search may be only one of the many tasks you have been given by your supervisor
ú Deadlines imposed by external factors – dates contracts need to be exchanged, or dates of property settlements
ú Time required for a search – a Death Certificate from Births, Deaths and Marriages may take some time to be delivered, Council 149 Certificates may take several weeks
ú Office hours – some Government offices which hold public record information close at 4.30 pm, or they may close during lunchtime.
You should make a notes in your diary for when the information is required; when you began the search; and when you might need to check on the progress of the search.
Sometimes the information is required urgently and you may be able to obtain the information quickly by paying an additional fee (eg a Birth or Death Certificate).
Conducting the Search
You may be required to lodge the application in various ways. For instance:
ú if the information you require is available on-line and your firm has access to these facilities;
ú telephone, fax or email the search request;
ú use an external searching agency who conducts this work for the firm and then bills them
ú visit the location yourself to apply for the search
If you need to visit locations to conduct your searches, such as the Land Titles Office or the Registry of Births, Deaths & Marriages ensure you have the correct details
required for the search and the correct fee to be paid. You may have to wait to collect
the information. It might be a good idea to have a planning checklist and write a list of the offices you will need to visit and the searches you need to undertake. Place the
search requests in envelopes or secure them in folders so they do not fall out.
When making applications on-line ensure you complete all the fields and check the information you have entered onto the screen with the file information you have been given. It is easy to make an error and your firm will still be charged for the search if you have entered data incorrectly, so you really need to be careful that the information is accurate.
You may be conducting more than one search at the same time. It is important that you do not mix up client files and information. Only work on one file at a time.
You may need to obtain proof of lodgement of a request for a search. This could be a receipt; an email confirmation; a copy of the request; a stamped copy of the request or a printout from the on-line facility. It is important that this proof of lodgement be placed in the client file or delivered to the person requesting the search. You might later need to produce this proof of a request for information to collect the information or to show the date on which it was lodged, especially if there is a delay and you are chasing up the search.
It is also important to record the steps you have taken in conducting the search in the client file. Record information such as the source of the information, the search date and the proof of lodgement. You will probably also need to record the time spent on these tasks and the costs involved as these are later billed to the client.
Receiving and Checking the Information
Check your diary every day and be aware of when the search information is expected to be received. If expecting a fax or email response, call the relevant authority if you do not receive it by the due date you have noted. If you are to collect the information yourself make sure this is timetabled into your day’s tasks.
Always check that the information received matches what was requested. For example, if the business name was in “Abernethy Enterprises” make sure that you have the search that relates to this and not to “Abernethy & Co Pty Ltd”. If picking up the information in person check all the details at the counter so any problems can be sorted out immediately.
If you have made an error when requesting the information initially, advise your supervisor immediately – you may have to conduct another search urgently and your supervisor may be able to help you.
The person who requested the search may decide that more information is needed, requiring a further search. For example when conducting a title search there may be a caveat registered on the property and they may want to see a copy of the caveat, so they make a request for this to be provided.
Record and File the Result of the Search
Attach the client file identification (file number) to all the appropriate documentation as soon as it is received. You should also make a note in your diary that the information has been received. If you are required to record the information in the client file you may need to record the following information:
ú what you have received, eg Title Search, Health Dept Search, Birth Certificate
ú in what form it was received eg. certified copy, extract, written notes, on-line
ú date received
ú if further information is needed
ú costs associated with conducting the search eg search fees, time, postage etc
Delivering the Information
After checking that the correct information has been obtained, give it to the person who asked you to conduct the search or return it as you have been directed. If there is any error in the information received, ask your supervisor straight away what to do, or check with the person who requested the search.
Some text adapted from “Searching Public Records”, Admin Training Company, Melbourne, December 2000 and “Preparing for and Searching Public Records”, Self-paced Learning Materials for Legal Administration Trainees, Barbara Cassidy, Education and Training Consultant, April 2002. Page 4
Searching the Public Record and Obtaining Certificates
Legal Practitioners need to obtain information from public records and certificates from various agencies for many aspects of their work.
Information required may include:
· Vehicle registration information
· Business registration
· Current addresses
· Rate information
· Credit details.
Certificates may include:
· Birth, Death or Marriage Certificates
· Certificates of Title
· Citizenship certificates
· Rate and planning certificates
· Certificate of business names.
The information or certificates may be found from Federal, State and Local Government agencies and private enterprises, for example:
· Australian Securities and Investments Commission
· Consumer Affairs
· Credit Reference Agencies
· Electoral roles
· Motor Vehicle Registrations
· Public telephone directories
· State and Supreme Court Libraries
· Titles Offices
· Council records
· Registries of Births, Deaths and Marriages.
Legal Administration Assistants conduct searches on behalf of Legal Practitioners. Legal practitioners may require a search to be completed to ensure accuracy of information or to comply with court requirements by attaching certificates to court documents.
Searching
There are four steps to conducting searches:
· Planning
· Conducting a search or requesting a certificate
· Receiving the outcome of a search or the certificate
· Delivering the information
Planning
Certificate or Information Required
Legal practitioners will instruct you about the information or certificates that are required. With experience you will become familiar with the specific searches required for routine matters and legal practitioners may simply request that you "conduct all searches" rather than specify a particular search. Checklists are often useful when identifying the searches required for a particular area of law.
Agency
The next step in planning a search is determining where you will need to undertake the search. The organisations that allow you to search for information or request for certificates are often referred to as agencies. It is recommended that you keep a list of search agencies close at hand.
Search Methods
Once you have determined the information that you need to search for, you will need to decide upon how you will conduct the search. Different agencies offer a variety of search methods. For example, some agencies provide search facilities via the telephone, the mail, fax machines or through the Internet. However, some search requests must be made in person. If you conduct frequent searches with an agency that requires paper forms to be completed, you should ensure you have a stockpile of the forms.
Some online search facilities are provided by third party organisations. For example, the online search organisation Lawpoint enables subscribers to conduct company and Titles searches and bankruptcy information. Legalink is an agency used by many New South Wales legal firms for online searches. The Australia Securities and Investments Commission (ASIC) has provided a number of brokers with access to their databases including Dun & Bradstreet and Australian Business Research. The Victorian Registry of Births, Deaths and Marriages provides certificates through a third party called Maxi.
The legal firm you work for may have an account with an agency or department which allows you to submit requests for searches online, and you will need to know the firm’s account number. Before completing the online form you will need to have the client’s file handy with all the required information. Before submitting the form you should check all details carefully.
You may be given a receipt or confirmation number to verify lodgement of your request and you should make a note of same in the file in case you have to chase up the request later.
Deadline
It is important to plan your search to ensure that you meet set deadlines. Deadlines may be imposed by courts, the client or legal practitioner. The settlement date is an example of a deadline in a Conveyancing matter. In this case, the legal team working for the Purchaser should ensure that they have conducted all the necessary searches and prepared the appropriate documents well in advance of settlement.
Search Timeframe
When planning a search, you will need to find out how long the search will take. Where possible, you should allow for additional time in case of delays. Please remember that many government agencies may close early and some also close over lunchtime. It is important for you to note if this will impinge on the timeframes that you have set for your search.
Search Fees
Most searches involve a fee. Search fees are usually paid by the firm and then passed on to the client. When planning a search you will need to find out the fee amount and how it is to be paid. Many Legal Offices have accounts with search agencies and are invoiced periodically for searches undertaken. Some agencies allow firms to pay for searches in advance and provide the firm with prepaid search forms. For organisations where searches are rarely conducted, you will most likely need to pay by cash, cheque or credit card on lodgement of the search. Refer to your firm’s policies and procedures manual for information regarding payment of searches.
Authorisation
Much of the information legal practitioners require from searches or certificates is confidential. You may need to arrange for the client to sign an authority prior to applying for the information.
You need to keep in mind the principles of the Privacy Act and adhere to certain legislation when searching public records and distributing personal details obtained or held in your files. The Freedom of Information Act allows individuals to access information about themselves that is held by government agencies. For example, under the Freedom of Information Act, an individual may have access to their medical records from a public hospital. You may access this information on behalf of the client if they have provided you with their authority.
You will also be required to obtain the client’s authority before applying for Birth, Marriage or Death Certificates. In the instance where a Death Certificate is required, the executor/ executrix or next of kin is the client and will provide authority.
In some commercial matters, clients may request credit checks on potential business partners. You will need to obtain authority from these potential partners prior to conducting the credit check. However, in the case of Title searches and company searches, authorisation is not required.
Text adapted from ANTA Legal Toolbox. Page 11
A Search Plan
The following table provides an example of a Search Plan. For a Conveyancing matter, there may be several searches listed in the plan.
Legal practitioner / Matter Number / Certificates/ Information required / Agency / Search Method / Deadline / Search timeframe / Date to submit request / Fee amount and method / Authorisation required? / Authorisation received?Ivan Kruber / 2008IK2896 / Birth Certificate Mary Thompson DOB 17/06/52 Melbourne / Victorian Registry of Births, Deaths and Marriages / Online (MAXI) / 7/07/08 / Available immediately
Allow time for postage / 3/07/08 / $17.00
Credit Card / Yes / Yes
A checklist can assist you in keeping track of tasks you need to complete:
I am clear about my instructions
I have identified the file number for disbursement
I know what to search for
I know where to look for it
I know what search will cost and I have account number (on-line) or money to pay for the search
I understand the search procedures
I know the method I will use to get the information
I have recorded the timelines
I have grouped together the information I can obtain from the same place
Text adapted from ANTA Legal Toolbox. Page 11