❓ A WA parliamentary question addresses whether local councils have a duty of care to consider a resident's mental competency before selling their property for unpaid rates. The answer acknowledges a potential responsibility if the council is aware of such circumstances, but no explicit legal obligation exists.
AnsweredQoN 760Legislative Council
QuestionView source ↗
LOCAL GOVERNMENT RATE NON-PAYMENT — PROPERTY SALE — RESIDENT MENTAL CAPACITY
Part 6, division 6, of the Local Government Act 1995 provides local government authorities with the power to sell residents’ property for non-payment of rates over three consecutive years. (1) Do councils have a duty of care to consider a resident’s mental competency to manage their own financial affairs before invoking the power of sale? (2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY
Part 6, division 6, of the Local Government Act 1995 provides local government authorities with the power to sell residents’ property for non-payment of rates over three consecutive years. (1) Do councils have a duty of care to consider a resident’s mental competency to manage their own financial affairs before invoking the power of sale? (2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(1) Do councils have a duty of care to consider a resident’s mental competency to manage their own financial affairs before invoking the power of sale? (2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(1) Do councils have a duty of care to consider a resident’s mental competency to manage their own financial affairs before invoking the power of sale? (2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(2) If yes to (1), how is this competency determined? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
I thank the honourable member for some notice of the question. (1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(1) Although the Local Government Act 1995 does not place legislative responsibility on local governments to consider mental competency, it could be said that a local government has some other responsibility to take into account such circumstances. However, a local government can only do so if it is apprised of those circumstances. It is most likely that in the course of attempting to recover rates over a period of at least three years, a local government would become aware of factors contributing to a failure to pay rates. (2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
(2) If a local government were to encounter such circumstances, it would most likely seek supporting information to the extent it is permitted by privacy and other laws.
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