On-site sewer management fee

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  • #20455
    Mary Klower
    Blocked

      Port Macquarie-Hastings

      Yesterday at our Regional Meeting one of the discussion topics was interest charged on overdue On-Site Sewer Management Fees. Some Council’s are charging interest and some not. I have checked the LGA and although it is quite clear for interest to be charged on Rates and Charges it seems silent on a fee. Can I please ask if anyone knows if there is any legislation regarding interest on a fee or should no Council be charging interest on a fee.
      Look forward to your responses.
      Mary

      #20456
      Ron Peters
      Participant

        Hi Mary,

        In our work acting for Councils from over 30% of the State, we haven’t encountered Councils charging interest on fees such as OnSite Sewer Management etc.

        Interest can be charged however if the debtor has contracted to pay it in the terms and conditions of an agreement to provide the goods or services. This is commonly the case with Council property leases, and commercial businesses often include debtor liability for interest on overdue balances plus recovery of debt collection costs in their customer contracts.

        We recommend that Councils consider adding such a clause to their agreements for provision of services not related to Rates and Charges, if they wish to recover interest and/or debt collection costs.

        We are aware of at least one Rates Department which has revised its processes and documentation, and briefed/trained other areas within council which deliver the services, to make recovery of fees easier.

        Hope this helps a bit, but is possibly not the answer you wished for. If we can help with more information, please don’t hesitate to ask.

        Richard McLean
        Outstanding Collections
        02 9545 3115

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