Customers may not always have the capacity to make personal or financial decisions for themselves and may require a nominated third-party to make these decisions on their behalf.
Customers can request a nominated third-party to act on their behalf with the RTA through either a Letter of Authority or Power of Attorney.
Customers should seek independent legal advice about both options, as the RTA cannot provide guidelines for how to complete these documents.
Letter of Authority
A Letter of Authority (LoA) is a signed document from a customer, instructing the RTA to deal with another person on their behalf.
The RTA has developed a LoA template that customers can use to provide all of the information required for us to process this request. However, the RTA is unable to provide advice on whether a customer should nominate a third party, who should be nominated and how to complete the form. Customers should seek independent legal advice before proceeding.
A LoA form should be submitted to RTA with a reference number, such as a bond number and/or client ID number, and include the following:
- the customers full name and contact details
- the representative’s full name and their contact details
(For an organisation, the Letter of Authority should be supported by a letter on the organisation's official letterhead with the authorised officer's name, position, and contact details as well as confirming their authority to act on the customers behalf and the scope of the authorisation) - be signed by both the customer and their representative
- include a copy of both the customer and their representative’s photo ID
- be current (no more than six months old, unless specified on the form)
- include the scope of the authorisation
(For organisations, as an example the wording should state the customer “authorises the RTA to release information to" the third party rather than simply claiming they have authority to act on behalf of the other person. If no details are specified, the RTA may make further contact to establish the scope of the authorised party’s authority).
Power of Attorney
A Power of Attorney (PoA) is a formal document, giving another person the authority to make personal and/or financial decisions on behalf of the customer. A PoA can be cancelled at any time.
A copy of the PoA – or, in the case of the Public Trustee, a Certificate of Authority – should be submitted to RTA. The submission should include a reference number, such as a bond number and/or client ID number. A copy of the customer’s photo ID and their representative must be included (if the Public Trustee is the representative, they do not need to supply a photo ID).
The RTA cannot provide guidelines for how to complete these documents and we do not have forms or templates that can be utilised. Parties should contact the Department of Justice and Attorney-General or seek independent legal advice for more information.
Accepted Photo ID
Photo ID is required to verify the identities of both the customer and the person acting as their LoA/PoA to mitigate privacy risks. ID’s will be saved on the relevant customer’s record.
A valid photo ID may be scanned or photographed and submitted to the RTA. Any of the following forms of photo ID are acceptable:
- Australian driver licence or learner permit
- Australian or International passport
- an 18+ or proof of age card.
If there has been a court or tribunal order appointing the Public Trustee, the Certificate of Authority must also be provided.
Note: If multiple people have been nominated to make decisions jointly or by majority under a PoA, the RTA requires all parties to provide ID and sign relevant documents.