[Andrew Butcher]

These Section 23A guidelines have just been released by the Office of Local Government.

OLG_DebtManagementAndHardship_Guidelines_FINAL

Regards,

Andrew

[Michael Cherry]

Hi all, I note within the Guidelines the following:
“Council policies should include Informal Dispute Resolution options. Timely mediation to resolve debt informally, prior to filing in court, benefits both councils and the ratepayers. It is effective and efficient best practice.”
It also refers to options for mediation and informal dispute resolution including Community Justice Centres, Professional Mediators and solicitors and Internal Ombudsmen.
Is anyone seriously considering including Informal Dispute Resolution options within their policies? I cannot see in practical terms how in the hell this can work without chewing up a huge amount of Council resources and simply delaying the inevitable legal action which will be required to recover the debt.
Appreciate your thoughts

Cheers

Mick

[Andrew Butcher]

Hi Mick

This was one of many items we discussed the practicality with the OLG yet it still made its way through.

It may be an option worth considering in having your Public Officer act as an independent mediator. External is just being a costly option and not add any value to the process.

Hope this is helpful.

Regards,

Andrew

[Darryl Telfer]

WARNING Long story follows but I do get to the question (eventually)

Prior to the OLG Debt Management and Hardship Guidelines being developed I understand there was a report by Justice NSW or a community legal organisation (or similar) around Council’s debt recovery actions. This report identified and criticised that Councils were responsible for a very large portion of claims through NSW Local Courts etc (30 plus% from memory). This report or something else which “drove” development of the OLG guidelines dealt with a much broader range of issues but the Local Court case ratio was a “highlight”.

Can anyone point me to this report or other background to the development to the OLG Debt Management and Hardship Guidelines?

Specifically, I am trying to find something with authority that deals with Council’s making payment arrangements that are insufficient to service recurring annual rates. We have a proposal before us along these lines (through a ratepayer’s legal representative) which claims (with evidence) that the ratepayer (on jobseeker) for Council to require more than what is offered “is frankly unsustainable and will place (insert ratepayer name here) in a grave financial position. It is equally unethical for Council to demand payments from (insert ratepayer name here) over and above” the amount offered.

Of course, we can refuse to accept the offer (on basis rate debt would increase year on year etc and place ratepayer in an ever worsening financial position over time) but I would like to back it up with some authority. Our view is that it would be unethical to enter such arrangement (that does not at least cover recurring annual rates).

If you’ve managed to read this, thanks!

[Andrew Butcher]

Hi Darryl,

I was only looking at this report a couple of weeks ago, it is important as it was key to a speech in Parliament regarding Revenue NSW attempting to take over the recovery of all rates debts. I have attached the report to this post and also added to the useful information page on this website.

Provided my memory serves me correctly, I believe the guidelines came out of the IPART review’s final report December 2016.

Hope this is helpful.

Regards,
Andrew

Local_Court_Report_2016 reduced

[Richard McLean]

Hi Darryl,

Strength to your arm.

As you logically assert, ‘…it would be unethical to enter such arrangement (that does not at least cover recurring annual rates)’.

None of the predictable multiplier effects of accruing increasing amounts of unserviceable debt are in the ratepayer’s best interests.

You might also point out that the NSW Law Society lists solicitors’ first duty to clients as follows:

In relation to their clients, solicitors must:

– act in a client’s best interests…

https://www.lawsociety.com.au/for-the-public/going-court-and-working-with-lawyers/solicitor-client-relationship/solicitors-duties-to-clients#:~:text=Your%20solicitor%20must%20provide%20advice,your%20understanding%20of%20the%20law.

Best wishes,

Richard
0434 222032

• This reply was modified 2 years, 7 months ago by Richard McLean.

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