S IRAV www.saira.com.au SA INSTITUTE OF RATE ADMINISTRATORS INC V the rate administrator volume 21 no 1 : september 2010 Continue u Continue u the rate administrator - sept 2010 S IRAV www.saira.com.au SA INSTITUTE OF RATE ADMINISTRATORS INC V in this issue President’s Message 3 EDITORIAL COMMITTEE: CONTRIBUTORS: Team Profile 4 City of Burnside Rosemary Munslow Joan Murrell 8397 7310 Michael Kelledy On the Couch with Michael 5-6 Bryan Francis Reflection on the International Property Michael Powell Neville Gay 7-8 Conference 8408 1227 Natasha Jones SAIRA Annual Conference 9 Neville Gay Rates Postponements: 10 8391 7207 What about a Service Charge Proportionate Relief (and the NRM Levy) 11-12 Joan Murrell Pensioner Concessions and DFC 8384 0530 13 Update Daniel Blank Rate Seminar 14 8203 7342 Board of Management 15 FRONT COVER: City of Burnside Fountain. DISCLAIMER > Views expressed in the Rate Administrator do not necessarily reflect the opinions of the SA Institute of Rate Administrators Inc. All articles are for information only and contain brief comments that are not intended to be a basis for final decision making. Readers should rely on their own enquiries and/or legal advice in making any decision relating to their individual DESIGN: FotoHijinx 0433 183 111 circumstances. Continue u the rate administrator - sept 2010 V SA INSTITUTE OF www.saira.com.au S IRA RATE ADMINISTRATORS INC 3 of 15 President’s Message V As this is my first Presidents message I must start by expressing The LGA Model Rate Notice working party is currently revisiting the best practice rates my sincere thanks to my predecessor Rosemary Munslow. notice and considering some options for alternate formats. This review is still in its early Rosemary’s contribution to SAIRA and its members has been stages and it may take a while to finalise suitable layouts. I am happy to receive any exemplary and it will be “a difficult act to follow”. I am sure suggestions from members for consideration. I speak on behalf of all members in thanking Rosemary for her significant contribution to our Association and her strong The Board of Management has been busy this year with updating the Voters Roll Practice leadership over the past few years and her ongoing support in Manual, developing Enrolment Application Forms and letter templates. I am sure we all the role of Vice President. had some problems working through the new process and am keen for any feedback you may have. We know some areas need further refinement but would love to hear about any So far this year has been one of many challenges for us all. issues or suggestions you may have. Changes to both the Local Government Act and LG Elections Act have impacted as well as having a periodic election year to deal with. It seems like only yesterday we were at In this edition of the Rates Administrator we have introduced a new Q & A section from the annual conference learning as much as we could about the changes. I find it hard to Michael Kelledy. In each edition Michael will briefly answer a few tricky questions believe we are already in September and now in the full throes of the election. submitted by members. Do you have any niggling little questions you have always wanted With Voters Rolls now complete and nominations being accepted it will not be long before to ask? Now is your chance to get them answered. Email your questions to a Board the votes are counted and we will all have new elected members to deal with. Let’s hope Member. our election poses fewer challenges than the recent Federal election outcome. Looking to the future the Training & Development Committee are currently organising As you may be aware Land Services has been undergoing a business review process a one day seminar to be held in November and have commenced planning for the 2011 which has resulted in some changes in the structure and processing within the State annual conference. The annual conference will be held in early February and in response Valuation Office. The changes are designed to streamline systems and hopefully result to your feedback we are returning to McCracken at Victor Harbor. I look forward to in improved efficiency. Some councils have expressed concerns over these changes and seeing you all at the Lakes Resort for our November seminar (refer to the advert in this also experienced some valuation issues in the lead up to their rates declaration. We have publication). initiated discussions with the VG in respect to these concerns and are working with them to identify the issues. You may receive a survey or request for information from the VG in Joan Murrell the near future so I ask that you respond promptly to assist us to address any problems President you may have experienced. t 3 of 15 u the rate administrator - sept 2010 V SA INSTITUTE OF www.saira.com.au S IRA RATE ADMINISTRATORS INC 4 of 15 Team Profile V City of Burnside The City of Burnside is one of Adelaide’s oldest residential areas and consists of 20,400 rateable assessments. Burnside is well known for its tree lined streets, period architecture and plentiful reserves and gardens. The rates department has two full time staff and sit under the Finance Manager. The Rates Team consists of: Jasmin Munslow Rates Coordinator I commenced work with the Burnside Council in February 2008 as Trainee Rates Officer. When the rates coordinator, at the time, left in November 2008 I acted in the Coordinator role for 5 months before becoming the successful applicant for the role full time. Prior to working at the City of Burnside I worked in the hospitality industry. Coming into rates was a huge learning curve but one that I have enjoyed. Megan Coutlakis Rates Officer I started working at the Burnside Council in May 2010, as a Rates Officer. Previously I was working in a bank as a Debt Collector and after 10 years, decided I would like to try something new. I have learned a lot since joining the council, and look forward to learning more. I am also married with 2 children and I am a Burnside resident. Megan Coutlakis and Jasmin Munslow t 4 of 15 u the rate administrator - sept 2010 V SA INSTITUTE OF www.saira.com.au S IRA RATE ADMINISTRATORS INC 5 of 15 On the Couch with Michael V Have your Question Answered by our Resident Lawyer Question: From Mark of Marion “Where a ratepayer is entitled to a senior’s postponement of rates under Section 182A of the Act, does the whole amount postponed immediately attract interest on a compounding SA’s Top Rating monthly basis or is it the case that interest is only charged when the relevant instalment date has passed?” Local Government Team Answer: Section 182A(5) clarifies that interest accrues on the “amount affected by the postponement” Local Government Team on a compound basis on a monthly application until the amount is paid. This means that Michael Kelledy, Partner Direct 08 8235 3091 a person with the benefit of a postponement under this Section will pay their maximum [email protected] $500 contribution on a quarterly instalment basis, along with all other principal ratepayers. Natasha Jones, Partner However, the amount postponed, effective from the date that the postponement is granted, is Direct 08 8235 3039 [email protected] subject to compound interest on a monthly basis. The prescribed rate of interest for these Level 5, 400 King William St purposes is set out in Section 182A(12) of the Act. Adelaide SA 5000 www.wallmans.com.au Question: From Karen of Tea Tree Gully “When the registered owner of property has died, there has been no grant of Probate and the Governance | Planning & Environment | Property & Infrastructure | Commercial | Regulatory | Litigation | Workplace property has been sold for rate arrears under Section 184 of the Local Government 1999, what occurs to the balance of sale monies when all debts have been discharged?” under the Section 184 sale process then becomes the “owner of the land” it is not the intention of Section 184(11) that person receive the balance of the purchase monies! Answer: Firstly, all amounts due to the Council, the Crown and third parties with a claim on the In these circumstances, it appears that the Council has no option other than to deal with proceeds must be discharged in the order set out at Section 184(11) of the Act. Thereafter, the monies in accordance with Section 184(12) of the Act. That is, where the owner (or when there has been no new owner registered on the Title and there has not been a grant of a person who is the relevant beneficiary from the owner) cannot be found after making Probate the Council is unlikely to be able to identify any “owner” for the purpose of applying reasonable enquiries, the balance of the sale proceeds due to the owner must then be dealt the balance of the proceeds of sale. Clearly whilst the person who has purchased the land with as unclaimed money under the Unclaimed Monies Act 1891. t 5 of 15 u the rate administrator - sept 2010 V SA INSTITUTE OF www.saira.com.au S IRA RATE ADMINISTRATORS INC 6 of 15 On the Couch with Michael Have your Question Answered by our Resident Lawyer Continued Question: From Sharren of Walkerville Question: From Josie of Port Pirie “We have an aged debtor for the clearing of flammable undergrowth.