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Meeting papers
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Debt Recovery Process
Initial recovery
Initial recovery will commence with a reminder notice to the debtor, stating the nature and
amount of the debt. The reminder notice will be issued within 30 days of the amount owing
under the rate notice or invoice becoming overdue, and will allow fourteen (14) days to
respond.
For overdue sundry debts or charges the subject of regular statements of arrears
(generally monthly) given to the debtor, no further reminder notice will be sent. Statements
or arrears state the amounts owed, their descriptions, and relevant payment terms.
If a ratepayer who has received a reminder notice or arrears statement does not make full
payment, or does not enter into an acceptable payment arrangement with Council, the
matter will be referred to Council’s debt collection agency without further notice. The table
below provides indicative maximum threshold values for guidance purposes only; however,
Council will consider both the materiality and age of arrears when determining whether to
refer the matter to its debt collection agency. For properties classified as "Shopping
Centres", "Retirement Villages", or "Other", Council will assess each case individually,
based on its specific circumstances.
Rates
Classification Categories Threshold
Residential / Non-Residential 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 21, 22, 23, 24 $1,000
Non-Strata Residential 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 $1,500
Shopping Centres /
3, 4, 14, 15, 16, 17, 18, 19, 20 Case-by-Case
Retirement Villages / Other
Sundry debtors and charges
Category Threshold
Sundry debtors and charges $1,000
Advance Recovery
Where initial recovery action is unsuccessful, and after due consideration of all relevant
factors, Council may elect to take either or both of the following actions:
1. Legal action
Legal action may be undertaken in the relevant jurisdiction by a mercantile agent or
solicitor acting on Council’s behalf, pursuant to section 134 of the Regulation. Before legal
action is implemented, a letter of demand will be issued by the agent or solicitor. Legal
action is a last resort (short of statutory sale), and may be undertaken if the debtor fails to
adhere to an agreed payment plan or fails to respond to communication attempts made by
Council’s agent or solicitor.
All recoverable costs of pursuing debt recovery will be passed to the debtor.
Page 52 of 392
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