If you need to use a locum practitioner to complete your PEXA transactions, there are two options available.
On this page, you’ll learn how to use a locum practitioner by using:
The firm’s subscription
The locum’s subscription
Using a Locum
A firm may choose to use a locum practitioner when the Principal is away, for example on holidays. A locum is not ordinarily an employee of the legal practice. However, in completing PEXA transactions, it is necessary to consider which Subscriber holds a Client Authorisation from the Client and ensure the Digital Certificate used by the Signer is issued under that Signers’ ABN. Where a locum has their own ABN and insurance, they may potentially become a PEXA Subscriber.
However, there are practical limitations to be considered:
Option A - Use the firm's subscription
Where the Client Authorisation Form and retainer is with firm A, Firm A will need to be the Subscriber.
The PEXA Participation Agreement does not allow a Representative Subscriber to sub-contract. Therefore, if Firm A is a Subscriber and wants the locum to provide services using their subscription, the locum will need to do so as an employee (not a contractor). All Users issued with a Digital Certificate must be a licensed conveyancer or Australian legal practitioner in order to Sign Land Registry instruments. Firm A would need to add the locum as a User to their Subscriber Profile.
Also, if Firm A wants the locum to execute instruments, the firm must order the locum a Digital
Certificate and verify their identify (note that each locum will need to have their own Digital Certificate as Digital Certificates cannot be shared). The Subscriber Manager will need to add the locum as a “User” and assign them a Signing Permission, if required.
Option B - Use the locum's subscription
If the locum is a Subscriber in their own right and uses their own subscription when providing locum services, the organisation for whom the locum provides services would not be able to access the Workspace and only the locum would be able to sign instruments. If using the locum’s own subscription when providing locum services, it will be necessary for the locum to obtain a Client Authorisation Form made out to the locum.