[Andrew Butcher]

Hi Cherie

We don’t write anything off. We have not had any complaints or issues with carrying forward balances of 1cent either.
Hope this is helpful.

Regards,
Andrew

• This reply was modified 5 years, 3 months ago by Andrew Butcher.

[Andrew Butcher]

Hi Maria
I think i have an answer for you, will send you an email.

Regards,
Andrew

[Andrew Butcher]

Please find attached our draft submission due to be submitted to the OLG by 5 February 2021.

If you have any comments or would like to share your thoughts please do not hesitate to contact me or other Executive Committee member.

Thank you to the Executive Committee they have been invaluable in compiling this document.

Regards,
Andrew

NSWRP Submission to OLG exposure Draft Bill – DRAFT

[Andrew Butcher]

Hi Matt
I agree with you and suspect the principle from the Sutton case, being minimums are the exception and not the rule (otherwise they are a charge) would still fly, but it would take an L&E court challenge for that to be re-determined.
There were changes made in the 1993 Act that affect the way minimums are described, the old Act was more aligned to an ad-valorem ‘rate’ payable by all landowners proportionate to the value of their land, i.e. emphasis was specifically placed on the ad-valorem component. This was identified in the Sutton case and consequently the government has changed the way minimums are now defined.
I hope this is helpful and personally I would avoid levying a minimum that produces income above 50% of rates within a category or subcategory based on principle.
However the OLG is correct and Section 548 does not strictly prevent a council from charging a minimum to more than 50% of ratepayers.

Regards,
Andrew

[Andrew Butcher]

We submitted our response to the IPART on time, please find the submission below.

NSWRP submission to IPART DWMC August 2020 Final

Thank you to everyone for their comments and support.

Regards,
Andrew

[Andrew Butcher]

Hi Emma
I am not sure what path we are going to take at this stage, however i think its important to take the following into account. I also agree with Dallas’ post above and will probably modify our recovery commencement letter to consider the items outlined below.

Clause 413L of the Local Government (General) Regulation 2005

413L COVID-19 pandemic—extension of prescribed period
The prescribed period referred to in section 747AA of the Act ends at the end of 25 March 2021.

So that means that unless you have taken the following steps, formal recovery is not allowed until 26 March 2021.

747AB COVID-19 pandemic—recovery of unpaid rates
During the prescribed period, proceedings for the recovery of a rate or charge may not be commenced against a person by or on behalf of a council under section 712 unless the council has considered each of the following—
(a) whether the payment of the rate or charge could be made in instalments or by way of some other financial arrangement,
(b) whether the person should be referred to a financial counsellor,
(c) whether mediation or alternative dispute resolution should be attempted first,
(d) whether interest on the unpaid amount should be deferred or waived.

I hope this is helpful.

Regards,
Andrew

[Andrew Butcher]

Hi Tracey

We have been sending the attached letter to new owners upon receipt of a NOS transfer, if the DOB is provided we record it in our NAR.

It has been extremely successful and received a lot of positive feedback.

Primarily our thought process is to help future proof online offerings and help us to confirm the right person. We have had some instances where father and son live at same address, son then buys a property (or signs for gym membership etc.) and we have assumed it was dad, this can be problematic.

Hope this is helpful.

Example notice to new owner_Redacted

Regards
Andrew

[Andrew Butcher]

Hi Emma

Campbelltown and Camden councils did a small boundary variation (about 200 lots) and we sought legal advice in regards to transferring Pension Rebate Concession data and were advised that because the Act refers to ‘a council’ or ‘the council’ the data is not council specific but general so any council can hold (or be transferred) the application data.
I would confidently say that you could apply this principle to the sale of land as the same terminology is within Section 713, that is ‘a council’ or ‘the council’. If these matters are somewhat contentious then it may be prudent to get legal advice, to be safe.
Hope you are keeping safe and are well.

Regards,
Andrew

[Andrew Butcher]

Hi Neil
We use titles and guess the gender as best as possible. We have a fairly broad multicultural staff resource here and a register of volunteers from various nationalities that assist with customer service enquiries.
Also we use the names to generate the salutation on our correspondence.
Hope this information (albeit a bit late) is of assistance.

Regards,
Andrew

[Andrew Butcher]

The regulations have been made, a copy can be found here – COVID19 regulation update

We are not planning on any changes other than to assist those individuals impacted financially by the pandemic. I like the concept that some councils are adopting with assistance to only those that have/are receiving support through the ‘Jobkeeper’ or ‘Jobseeker’ Federal Assistance Package, its a great way to leverage in determining eligibility.

Hope this is helpful, stay safe.

Regards,
Andrew

[Andrew Butcher]

Hi Emma

In regards to the granting of a discount I would be cautious, as Robert has pointed out the Act stipulates prompt payment in full.

The concept is really good (in my view) because it creates a pseudo amnesty on all unpaid debts, but alas with the GVAL ratepayers rates may still increase by more than the 2.6% which I don’t think will provide the outcomes you are looking for.

This one of many examples of people thinking outside the box and challenging the legislation.

Regards,
Andrew

[Andrew Butcher]

Thanks Suzi

Here is the full press release, S Handcock Press Release 17042020 will post the regulations once i can obtain a copy.

Regards,
Andrew

[Andrew Butcher]

Hi Emma
There are many councils looking at how they can reduce or waive penalty interest charges or defer the third instalment until 31 August 2020.
Now we all know these are great initiatives to help the whole community but unless made by each individual ratepayer are mostly outside of the legislative framework.
The OLG have been in contact and have been asked to help with some guidance and investigate opportunities to enable these options via changes to the Regulations.
Will keep you posted as things develop.
Regards,
Andrew

[Andrew Butcher]

At this stage we are working through the logistics and acting on the Federal and State Governments leading medical advice which currently allows for groups under 500 to proceed.

At this stage the conference is still going ahead.

If the advice changes we will do our best to provide information to all delegates as soon as it is possible.

Thank you for your patience and support.

Regards,
Andrew

[Andrew Butcher]

There have been some changes made to the 2020 Conference program.

Sympli will not be presenting on Thursday 19 March 2020 at 1:30 as they have pulled out. Instead Lisa Garner from Bega Valley will be presenting on her Council’s response to the bush fire crisis and changes in hardship policy as a result of ‘Environmental Impacts’.

Regards,
Andrew

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