❓ Hon James Hayward questions the Minister for Local Government regarding the recovery of legal costs by local governments from ratepayers in rate payment disputes, referencing a Supreme Court decision and seeking clarification on planned reforms.
AnsweredQoN 729Legislative Council
QuestionView source ↗
LOCAL GOVERNMENT — LEGAL COSTS
729. Hon JAMES HAYWARD to the Leader of the House representing the
Minister for Local Government:
I refer to provisions in the Local
Government Act 1995 that allow councils to recover legal costs when pursuing
rate payments.
(1) Does the
minister believe it is appropriate for local governments to recover unlimited
legal costs from ratepayers in relation to rate payment disputes?
(2) Is the
minister aware of a Supreme Court decision that found that it was inconceivable
that the intent of government when drafting the Local Government Act 1995 was
to allow the unlimited recovery of legal costs by local governments?
(3) As part of
the reforms to the Local Government Act announced by the minister, will changes
be made to better define the ability for local governments to recover legal
costs?
(4) If no to (3), why not?
The PRESIDENT : Before I give
the call to the Leader of the House, I need to point out that standing order 104
requires that questions not seek an opinion. I heard in the context of that
question an opinion being sought. Rather than rule that out of order, I will
ask the minister to attempt to reply and she may address the question about
seeking an opinion.
729. Hon JAMES HAYWARD to the Leader of the House representing the
Minister for Local Government:
I refer to provisions in the Local
Government Act 1995 that allow councils to recover legal costs when pursuing
rate payments.
(1) Does the
minister believe it is appropriate for local governments to recover unlimited
legal costs from ratepayers in relation to rate payment disputes?
(2) Is the
minister aware of a Supreme Court decision that found that it was inconceivable
that the intent of government when drafting the Local Government Act 1995 was
to allow the unlimited recovery of legal costs by local governments?
(3) As part of
the reforms to the Local Government Act announced by the minister, will changes
be made to better define the ability for local governments to recover legal
costs?
(4) If no to (3), why not?
The PRESIDENT : Before I give
the call to the Leader of the House, I need to point out that standing order 104
requires that questions not seek an opinion. I heard in the context of that
question an opinion being sought. Rather than rule that out of order, I will
ask the minister to attempt to reply and she may address the question about
seeking an opinion.
AnswerView source ↗
Thank
you for your advice, President. The question is answered without addressing the
opinion that the member sought.
(1)–(4) The
Local Government Act 1995 contains provisions to enable local governments to
recover unpaid rates and the costs of that recovery action. The act also
establishes that local governments can independently decide to pursue such
actions and that disputes about these matters may be heard by the courts.
you for your advice, President. The question is answered without addressing the
opinion that the member sought.
(1)–(4) The
Local Government Act 1995 contains provisions to enable local governments to
recover unpaid rates and the costs of that recovery action. The act also
establishes that local governments can independently decide to pursue such
actions and that disputes about these matters may be heard by the courts.
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