The 2010 AGM to be held at The Meadows Sports and Function Centre.80 Northcorp Boulevard, Broadmeadows on 10 September 2010.

RMA Newsletter Proudly Sponsored byForms Express

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Revenue Management Association

Revenue Management Association

Message from the Newsletter Co-ordinator

Welcome again to our Mid year edition of the RMA Newsletter.

We are always happy to receive interesting and relevant information to include in the newsletter…

Please contact me if you would like to discuss any publications…

Please contact Sue Calder by email sue@FormsExpress.com.au or phone 03 5227 7418 or 0418 513 975

Contents4 From the President

4 RMA Website with Peter Horne

4 Country Conference

4 SAIRA Conference

4 What's News

4 Sponsors

4 RMA Committee 2009/2010

4 60 seconds with Russell Hodges

Important Dates4AGM - 10 September 2010 The Meadows Sports and Function Centre 80 Northcorp Boulevard, Broadmeadows

As the middle of the year approaches a busy time for all members begins. The completion of the 2010 General Revaluation reviewing rating strategies as part of the revaluation and in the context

of the 2010/2011 financial year budgets and of course preparing for the end of the financial year.

During February and March the RMA again sent representatives to the South Australian Institute of Rate Administrators Conference and the New South Wales Revenue Professionals conference. Feedback from our representative is included in this newsletter.

Our country conference at Wangaratta in April this year was again well supported by members. The feedback received was very positive and as usual Thursday’s events were extremely successful and provided all participants with an opportunity to network and get to know each other.

Our sponsors for the conference of course play a major role in the Association’s ability to put together such an event and without them it would be extremely difficult to stage. I again take this opportunity to thank them all for their contribution.

The Committee continues to look for ideas for presentations at our meetings and we hope our meetings are meaningful and address current issues being faced by members.

The end of April saw a number of members attend

the International Property Taxation Institute

Conference held in Adelaide. The conference

included key note speaker from all parts of the

world and was themed “Reforms in Revenue,

Rating, Valuation and Taxation – Australasian and

International Experience”.

All delegates I believe enjoyed the conference and

the interaction and networking with people that

have similar roles to ours. The ability to discuss

property taxation policy issues with people that

work in Local Government in England, Eastern

Europe, Canada, Hong Kong, China, United States,

Africa, Indonesia just to name a few was an

experience. It is interesting to understand that the

issues they face are very similar to those that we

face here in Australia.

The Annual General Meeting will be held at The

Meadows Sports and Function Centre on

September 10th, 2010. Investigations are also

underway to hold a training day possibly in August

around the topic of "Municipal Tax Policy and Rate

Modelling” The venue and date will be notified

shortly so keep an eye out for more information as

it becomes available.

Glendon Dickinson, F.R.M.A.

President

From the President

Have you visited the RMA Website lately?www.rma.formsexpress.com.au

New and informative information is being posted constantly to the Website for members use. The latest information on pension rebate entitlements, penalty interest charges and, for those who may remember, the Victorian institute of Rate Administrators (VIRA) newsletters have also been added to view at your leisure. It’s quite remarkable how many things do not change. Statistical information to hand has also been made available and the RMA Committee is about to request for updated information from all Councils in the coming weeks so your input in providing data would be very much appreciated.

In the meantime please have a look around and fire any suggestions or feedback back by clicking on the ‘Contact Us’ link on the Website. Thanks again to Form Express and AusSoft Solutions for their ongoing support in this project

Country ConferenceWangaratta 15th - 16th April 2010 Another successful conference this year with many RMA members supporting the country conference. This annual event is a fantastic opportunity to exchange information with other members and to keep up to date with the relevant issues happening within local government.

The overall conference was informative and well received. The committee are please to hear the positive feedback from their members and we look forward to organising the next country conference.

Some picture below of a more casual atmosphere where RMA members were able to enjoy a BBQ dinner and get to know each other outside of their suits….

A bit of fun with 'Who wore the most interesting hat'

RMA Committee 2009/2010President - Glendon DickinsonWarrnambool City CouncilPh 5559 4827 Fax 5559 4900Email gdickinson@warrnambool.vic.gov.au

Vice President/Web Communications - Peter HorneBrimbank City CouncilPh 9249 4324 Fax 9249 4327Email peterh@brimbank.vic.gov.au

Secretary - Rod LeithCity of BallaratPh 5320 5518 Fax 5333 4189Email rodleith@ballarat.vic.gov.au

General Committee - Ian GoulletKnox City CouncilPh 9298 8210 Fax 9298 8262Email Ian.goullet@knox.vic.gov.au

RMA Committee 2009/2010 continued...Treasurer - Megan WoodsMoreland City CouncilPh 92402210 FAX: 92401248 Email MWoods@moreland.vic.gov.au

Minute Secretary - Chris DoupeBrimbank CouncilPh 9249 4533 Fax 9249 4351Email chrisd@brimbank.vic.gov.au

Newsletter Co-ordinator - Sue CalderForms ExpressPh 5227 7418 Fax 5227 7395Email sue@FormsExpress.com.au

Sponsorship - Les MitchellHobsons Bay City CouncilPh 9932 1027 Fax 9932 1039Email lmitchell@hobsonbay.vic.gov.au

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completed for Victoria RMA members paid to the RMA to be used for development and education programs as selected by the RMA Executive.

International Property Taxation Institute Conference (IPTI) feedback

In co-operation with the South Australian Institute of Rate Administrators Inc, IPTI held its 13th

International Conference in Adelaide on 27 – 28 April as well as 2 concurrent workshops held on 26

April which addressed Managing Technology in the Mass Appraisal Environment and Municipal Tax

Policy and Rate Modelling.

IPTI’s mission is “To internationally promote and foster taxation and assessment ideas founded upon the

general principles of fairness and equity within the partnership of practitioners, governments, taxpayers

and academia.”

It comprises a diverse group of members whose expertise extends to every facet of property assessment

and taxation and the conference was attended by some 120 delegates and the sessions focused on

Reforms in Revenue, Rating, Valuation and Taxation.

Issues addressed included

• Criteria for a Good Local Tax

• What is a “Local” Tax?

• Fundamentals & Institutional Framework (Of a good property tax system)

• Decentralization Reforms

• Reforms – Critical Considerations

• Reform Examples ( China, Indonesia, Central Europe and Africa)

• Challenges – Taxpayers Needs & Expectations

All of these topics and discussions highlighted the complexities being faced by all Local Governments

across the world when it comes to the policy and legislative frameworks we work within, the

administration of data, valuations systems and finally tax collection and enforcement.

RMA members that attended the conference included, Rod Leith Ballarat, Martin King Monash, Kevin

Hatton Frankston, Tony Heffer Swan Hill, Wendy Clark Shepparton, Glendon Dickinson Warrnambool,

Peter Horne Brimbank.

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Hobsons Bay V Coles - Valuation Objection

In July 2009 Gadens Lawyers (representing Coles Group Ltd) requested copies of rate notices for a property in HBCC for the three previous financial years. As required by the Privacy Act, Council obtained permission from the property owner to provide the notices. The owners have also advised Council not to issue rate notices direct to the occupier. In September 2009 Gadens Lawyers lodged an objection to the 2008/09 and 2009/10 valuations on behalf of Coles.

Based on additional information supplied by Coles Group Ltd, Council’s valuer negotiated with Coles in reducing the valuation for the rating period 2009/10 by $2.5 million resulting in a refund in rates of $18,812.50. Council’s valuers refused to process the 2008/09 objection due to the fact that it was received outside the 60 day period allowed by legislation. Gadens Lawyers wrote to Council requesting that a refund of $17,915 be issued to Coles for the 2008/09 rating period or further action would commence.

In December 2009 Gadens Lawyers wrote to Council outlining their client’s position and advised that if Council did not except the objection for 2008/09 they were going to take their case to VCAT. Gadens explained that they would rely on section 15 (3) of the Valuation of Land Act which requires Council to provide a copy of the rate notice to the occupier if they are responsible for paying the rates and that they were entitled to object to the valuation (section 18 V of LA) within 60 days of receiving the notice, in their opinion it was received in July 2009. On May 7, 2010 Coles (Gadens Lawyers) and Council attended VCAT where the issue was heard. Both parties outlined their view and their understanding and interpretation of the relevant legislation. Council requested that this matter be struck out due to the fact that the 2008/09 objection lodged by Coles Group Ltd was out of time. (Section 18 valuation of land Act).

Council’s response to claims by Coles

Council has complied with section 15 (1) V of L A by sending a notice of valuation to the person liable to pay the rates. Section 18 V of L A (time for lodging objection) states “within 2 months after the notice of valuation is given under section 15(1) (a)” a person responsible for the payment of rates may object to the valuation. Section 156 (1) of the Local Government Act states that the owner of land is liable to pay the rates and charges on that land. Section 158 (3) of the Local Government Act states “A Council may levy general rates, municipal charges, service rates and service charges by sending a notice to the person who is liable to pay them”. A notice of valuation is also an invoice for the payment of rates.

Section 15 (3) V of L A can only be valid in this dispute if the owner of the property gave notice to Council under section 158 (3A) of the Local Government Act which states “At the written request of the person liable to pay rates or charges, the Council may send the notice to a person specified in the written request”. No such request was received therefore the trigger to engage other sections of the V of L A that Coles are relying on is in fact non existent. Council was of the opinion that the relevant legislation contain in both acts should be read in conjunction with one another and not in isolation.

Hobsons Bay V Coles - Valuation Objection - Continued Issues to consider

• In the Coles case, Council had no record of who the occupier was or in fact if the property was being occupied at all. If Council was forced to take this course of action we would need to write to all ratepayers (38,000) and request contact details of any occupiers who are responsible for the payment of rates. It is highly unlikely that we would get many responses and on receipt of any information Council would need to send a rate notice to both the owner and occupier of any ratable property in this category. Property owners are ultimately responsible for the payment of rates and normal practice is for them to remain in control in order to avoid legal action for the non payment of rates.• If Council issued two notices per property we may be faced with accounts being paid twice or in the confusion no payments at all.• Council is not privy to the details of private lease arrangements.• In line with privacy requirements Council would need to obtain permission from the owner to issue a notice to the occupier.• If this case was to proceed to the magistrates court and the court found in favour of Coles, all Councils in Victoria may be subject to receiving objections from occupiers that they may not know even exist and if the objection was successful Councils may have to refund rates going back to the commencement date of their lease.

VCAT’s Decision

Mark Dwyer (Deputy President)

In my view, there is no injustice to Coles in this outcome given its receipt of the rates assessment notice in August 2008. The property owner forwarded the rates notice and notice of valuation to Coles in a timely fashion under the lease, and Coles had the opportunity to object within the same time frame as the owner liable to pay the rates, both in accordance with its lease and within the overall framework of the VL Act. That opportunity has passed. The VL Act does not contemplate a late objection in these circumstances.

Conclusions1 It follows that Coles objection was out of time under all possible scenarios. I therefore refuse to make the declaration sought by Coles.2 The consequence is that there is no decision by the Council on the objection which is capable of review by the Tribunal. The application is therefore dismissed.

Les MitchellHobsons Bay City Council

Note: As a result of this VCAT outcome the RMA Committee is currently writing to Local Government Victoria and to the Valuer General (VG)

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This article appeared in the Victorian Institute of Rate Administrators (VIRA) 20 years ago... Some interesting reading

Please Note: Archived RMA Newsletters including VIRA are available on the RMA website

What's News• Congratulations Chris Doupe for being appointed the Co-Ordinator of Revenue/Rating at Brimbank City Council

• The new pension rebate is $187.60

• The current penalty interest rate is at 10.5% for the 2010/2011 rating year.

• Please check the new RMA website for all updated information.

The RMA Committee would like to thank all the Sponsors who contributed this year.Without your sponsorship The RMA would not be able to organise the successful venues and meeting that we do today…….

GoldSponsors

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The NSW Revenue Professionals AnnualConference was held at the coastal town of Terrigal March 14th - 16th 2010 The RMA was represented by Peter Horne and myself who along with Sue Calder and Stephen Long of Forms Express flew up to Sydney and then navigated the freeway through Sydney, out to Gosford and the coastal town of Terrigal where we checked into our conference venue, the Crown Plaza which overlooked a magnificent swimming pool and across to the beach.

After initial registration and preliminary discussions Sunday afternoon the conference got into full swing Monday morning. NSW has 152 councils and the conference was attended by over 200 delegates from around the state this included a number of interstate representatives. Scattered amongst the presentations and guest speakers were four fifty-minute blocks of “concurrent sessions” where three different topics were offered concurrently covering areas such as Sale of Land for Unpaid Rates. The importance of Internal Communication, Statement of Compliance, Recovery of Rates from Pensioners, Hardship and Debt recovery. These sessions were run by Revenue people from various Councils who facilitated discussion and shared their Council’s experiences with the particular issues. These were very well attended and great way of engaging rates people to share and learn in smaller groups.

Presentations were given by The Division of Local Government, Land and Property Management as well as the major sponsors and key note address by Peter Fitzsimons (One of Australia’s most prominent and successful media and publishing identities) who had the audience captivated with his tales of life, politics and rugby.

The social pinnacle of the conference was the conference dinner held on the Monday night which had a nautical theme entitled “Come aboard the SS Revenue and dine at the Captain’s table”. This function was a great night with plenty of pirates, sailors, sailor girls and Gilligan’s who ate, drank and danced the night away.

I found the conference a great opportunity to see how our NSW counterparts operate levying rates on the site value of the property, and enjoyed co-presenting a snap shot of how Victoria levies rates on the CIV or NAV (sorry Monash), with the option of differential rating, which appeared very complex to the audience.

Thanks to John Towers, all the NSW attendees and the suppliers/sponsors (many of whom we work with in Victoria) who made us feel very welcome.

Ian Goullet

RMA Members please note:Cancellation policy: The Revenue management Association (RMA) reserves the right to cancel an event and notify all those registered of the cancellation.In the case that you cannot attend an event for which you are registered, a substitute is encouraged/welcome to attend in your place.

The RMA reserves the right to levy any costs it has incurred for a registered participant as a result of the registered participant not attending an event where that person has failed to give RMA at least 2 days notice prior to the date of the planned event of their non attendance.

All cancellations and substitutes must be faxed in writing to the Secretary RMA on (03) 5320 5518 or email rodleith@brimbank.vic.gov.au

Insurance: The RMA will not be held responsible for any claims regarding travel, accommodation and/or registration costs, nor injury or loss of property. Personal insurance should be obtained by each participant through the organisation they are representing at any RMA event.

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60 Seconds with Russell HodgesCardinia Shire Council

Star Sign: Cancer

Nickname: Uncle Ernie

Person you would most like to sit next to on a plane and why:My wife, we rarely holiday together, but if she doesn't want to go maybe Deborah Hutton.

Best thing you have ever done/brought your mum and dad:Pretty poor effort here, but I am sure they would say, grandkids was enough.

Most memorable punishment from your parents and what was it for: Banned from a family holiday when I was 16 (they didn't realise I didn't want to go) it was for having smokes, noting that I have never smoked, they belonged to a mate.

Your best and worst memory from school:Best: imitating the Vice Principal on the loud speaker system and sending all students home at lunch time. Worst: the punishment that followed.

Favourite drink:Green Tea or maybe Blue Label Johnny Walker

Your ultimate holiday destination:Somewhere I haven't been, maybe the Kimberley region.

What would you never eat again:Chicken

What is your greatest fear?:Loss of Vision

What is your ideal job outside of Local Government?:Restaurant Proprietor

l would never leave home without my?:Clothes, not a pretty sight!!!

What is your motto?: Good today but better tomorrow.

Favourite music/band/singer?: Big Range - Led Zeppelin, Katie Perry, Michael Buble, The Ramones

What are you reading at present?:

The form guide

Favourite movie:

The Wedding Singer

Favourite TV show:

The Big Bang Theory

Funniest person to work with?:

Steven Coleman, who I worked with at the City of

Camberwell in the late seventies and early eighties. He later

became Revenue Manager of Central Highlands Water in

Ballarat. We enjoyed many a practical joke in Camberwell

much to the dismay of fellow workers and management. He

now has a winery in Waubra just out of Ballarat so I remain

good friends obviously.

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