QLD Letter from Local Council - Days to Respond?

[TheTideGuy]

In so many dealings, from customer invoices to requirements under legislation, we see you have to pay or you have to respond to this letter within X days.

Now I understand that if it is a requirement of legislation that you do Z within X days or similar, but

The question is, when someone (in my case the local council) sends a letter that says "you have 14 days to respond", is this a legal requirement, or just a ruse to get you to respond in a timely manner?

 

[John R]

Hi @TheTideGuy

1. Some directives to take action within a timeframe may be a ruse - but I'd assume that such directives would be limited to smaller and/or less-structured private sector operations.
2. A directive on an invoice from a business, such as "Please pay this invoice within 14 days", may be based on contract law. That is, a contractual agreement that exists between you and the business). For example, a clause in a contract that states "The Customer agrees to pay all invoices from the Business within 14 days of the date of invoice. The Customer's failure to pay may result in termination of the Customer's services and late fees, etc."
3. A directive in a letter from local council or other government/regulatory body is likely to be based on legislation (that is, an Act or associated Regulation). If you have any questions about the legal authority of a specific directive, you should attempt to ask the sender for clarification or request a time extension at your earliest opportunity.
4. Sidenote - Even barristers can be affected by time limits!

Hope this helps!

 

[TheTideGuy]

John

Yes, great help.

I have checked the relevant federal, state and council acts and reg's but cannot find anything that lists that correspondence has to be answered in a certain timeframe.

I see sections in some legislation where set timeframes or open timeframes are noted, so understand that these have to be adhered to.

This situation is I received a fine from the council (a parking fine under a state act) and had 28 days to contest it (I can see that there would be some legislation that would cover this timeframe), I responded and it took 7 weeks for a reply. They gave me 14 days to respond (this is where I have this issue), it has now been three weeks since I responded.

I suppose I will scour the local council legislation and see what I can find

Cheers

Grant

 

[John R]

Hi @TheTideGuy,
I assume that the policy and procedure varies by local council. For example, a quick Google search reveals that the Gold Coast City Council has a Penalty Infringement Notice Review Policy containing timeframes that would likely supplement the existing legislation and their local council laws.

Hope this helps.

 

[TheTideGuy]

John

Useful stuff again, thanks.

The fine was in Brisbane, so this page is similar to the one you linked http://www.brisbane.qld.gov.au/laws-permits/complaints-fines/how-dispute-fine

Once again, it lists those pesky 28 days and 14 days but I'm damned if I know where in the legislation those "days to respond" are listed.

Cheers

Grant

 

[TheTideGuy]

State Penalties Enforcement Act 1999 section 15(f) states 28 days.

Just need to find that 14 days for the dispute commissioner now

 

[TheTideGuy]

Maybe State Penalties Enforcement Act 1999 section 58.

They are references to SPER, but I suppose there is a SPER/Council agreement somewhere

 

[John R]

Hi @TheTidyGuy,
Good detective skills (and makes sense given that Brisbane City Council refers unpaid fines to SPER)!