[Susan Scott]

Can anyone tell me how long OFFICIALLY NSW Council’s are required to keep records of the annual rate levy? (And what Classification they are in the GA 39?)

[Robert Hay]

Hi Sue
The relevant Classification is GA39-25.05.02 which states 7 years.

But you also need to pay attention to 712 (6) Service of a rates and charges notice or notice of a charge may not be called into question more than 10 years after the date of alleged service of the notice.

I keep them for 10 years.

Robert

[Susan Scott]

Thank you Robert, that is exactly what I was looking for.

[John Towers]

Hate to disagree but

what about 25.9.1
Registers or equivalent summary records of rateable property including rate books, rate cards
Required as State archives

or

25.5.4
Records of notices issued to ratepayers in relation to valuations, rates and charges, rate remissions, classification of land, etc.
Retain minimum of 10 years after the year in which the valuation was made, then destroy

Think the actual question needs clarification.

JT

[Susan Scott]

OK, here is more information. I have a request from an executor of an estate to supply the amount of the rates & charges levied annually, going back to when the property was purchased in 1993. As these records are well prior to my starting as a rates officer, I am unable to locate the records that far back, managing only to go back to 1999. However, this raised in my mind just exactly how long we need to keep this information. What I imagine I would be looking for is the annual report of the amounts of rates and service charges raised against each property. Additionally, I am not sure what the electronic equivalent of a rate book or rate card may be – if it’s what I suspect, then I fear that this Council has not in fact retained this information, as previous software used has been decommissioned & is no longer able to be accessed.
I note that 25.9.1 refers to summary records of rateable property – the annual report of rates & charges is not a summary, it is a detailed report. Moreover, it may include charges on properties that are non-rateable but liable for service charges.
25.5.4 refers to ‘records of notices issued to ratepayers – this is closer to the mark, I think.

Des this clarify my question?

[John Towers]

The rate book is a record of all transactions throughout a year, owners name, property details, ASON, levy, payments, interest, legal costs etc. Whilst most are electronic these days in years gone by they were kept on microfiche or microfilm or even hardcopy.

All Councils should have this information available for many years. I know at NSC we have records back to 1970’s which are easily accessed. I’m sure I look I could go back further.

From this I could advise what rates were levied in a particular year. This is what I think your customer is looking at. At previous Councils I have been asked to provide details for 30+ years for court cases etc which were able to be provided. I would think this is a fairly common occurrence.

What I think 25.5.4 refers to is actual copies of notices rather than a rate book history. I don’t think your customer wants copies of the actual notices but details of the amounts payable for the various years. If someone was looking at possessory title for a property they would need up to 20 years details.

If you can’t go back far enough from your records then there are ways that you should be able to calculate what was payable for each year etc.

I just hope that you have something in your F&C’s to cover the time you would spend getting the information together.

JT

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