GUIDELINES FOR RECOVERY OF DEBTS
VIA CENTRAL DEBT COLLECTION
Section 106A of the Education Act part 13 states “the Director-General (Chief Executive)
must at the request of a school council, make services available (free of charge) to the
school council for the recovery of outstanding materials and services charges.”
In line with the legislative requirement, the Site Financial Policy Unit implemented the
Central Debt Collection process in 2005. The Recoveries Team has since been
established in 2007 for the purpose of recovering debts for the whole of the DECS,
including sites.
Under the Central Debt Collection scheme the Department will only recover Materials and
Services Charges from 2004 onwards, and will require that the school’s Materials and
Services Charges have complied with Section 106A of the Education Act 1972 and the
Administrative Instructions and Guidelines (AIG’s) each year.
In applying to utilise Central Debt Collection to recover the school’s outstanding Materials
and Services Charges the Governing Council will authorise Departmental officers to act as
an agent on behalf of the Council in any negotiations and mediations over the debt. The
Governing Council must also understand that by requesting the Department to pursue the
debt there is no guarantee that the whole or any of the amount will be successfully
recovered, and that the decision to pursue the debt remains with State Office.
In applying, Principals are reminded that the privacy of potential debtors should be
preserved and that the Chairperson should be the only member privy to the name of the
debtor.
The following procedure outlines the school’s and DECS’ responsibilities in the recovery of
the debt.
Step 1: Complete the attached Central Debt collection formal request (Attachment 1) and
the debtor information proforma (Attachment 2) and forward information to
Manager, Recoveries Team (Courier R11/52). Please ensure that where
applicable the attached information accompanies the application:
Essential
• Copies of original invoices for each debtor.
• Copies of current family or student statement.
• Advice as to whether the parent has ever applied for School Card.
• Copy of the Governing Council minutes with the approval to pursue the
debt.
• Verification that the postal address is current.
• Information on steps the school has taken to date including if a debt
collector has been engaged and/or court action has been taken.
• Any known circumstances as to why the parent should not or cannot pay
the debt.
Where applicable
• Copy of Chief Executive’s letter approving the prescribed sum.
• Copies of any letters/notices from the school regarding the attempted
recovery of the debt.
• Any written agreements or written commitments to pay for extra curricular
activities.
• Copies of any written instalment plan.
Step 2: The Recoveries Team will request independent checks be undertaken by Site
Financial Policy and the School Card Section on the information provided. The
Recoveries Team will also assess whether the recovery is likely to be successful,
and whether it is in the best interest of the community.
Step 3: Depending on the outcome of the checks and the Recoveries Team’s
recommendation, one of the following actions will take place:
(a) If the debt is not to be pursued, the Recoveries Team will send a letter to the
Governing Council advising reasons.
(b) If the debt is to be pursued, the Recoveries team will send a letter to the
debtor.
Note: Timeframes are critical therefore letters will not be sent or have
deadlines that expire during the school holidays.
Step 4: The following actions will occur based on the response from the debtor:
(a) If the debtor forwards money to settle the debt, the money will be deposited
into the school’s SASIF account and an email will be forwarded to the school
advising of the payment.
(b) If the debtor provides reasons why the debt is outstanding, this information
will be considered by the Recoveries Team.
(i) If the reason provided is deemed to be acceptable a letter will be
written to the Governing Council advising them to write off the debt
(ii) If the reason provided is deemed not to be acceptable the Recoveries
Team will proceed to Step 5
(c) If no response is received the Recoveries Team will proceed to Step 5
Step 5: If no response is received or the reason is deemed not acceptable the Recoveries
Team will:
(a) Send a letter to the debtor giving a further 14 days before commencing with
legal proceedings.
(b) Send a letter to the Governing Council advising that no response has been
received or that the reason provided by the parent is not acceptable. The
parent will then be given a further 14 days to respond before legal
proceedings commence. The Governing Council will also be given 14 days to
provide written instructions if they do not want legal proceedings to occur.
Note: The timeframes are critical therefore letters will not be sent or have
deadlines that expire during the school holidays.
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Step 6: The following actions will occur based on the response from the debtor:
(a) If in response to the letter advising of the intention to commence legal
proceedings the debtor forwards money to settle the debt, it will be deposited
into the school’s SASIF account and an email will be forwarded to the school
advising of the payment.
(b) If no response is received from the debtor or the Governing Council, then the
Recoveries Team will proceed with legal proceedings as described in Step 7.
Step 7: The Recoveries Team will lodge a Pre-Lodgement Notice in the Magistrates Court
on behalf of the Governing Council.
The pre-lodgement system allows for organisations to issue a final notice of claim
prior to issuing a formal notice of claim. The system aims to encourage parties to
resolve their dispute without needing to resort to the formal legal system.
Step 8: If the debtor responds to the pre-lodgement notice, the Recoveries Team will:
(a) Deposit the money into the school’s SASIF account, less the value of the
pre-lodgement notice fee.
(b) Negotiate a settlement with the defendant, including part payments, on
behalf of the Governing Council.
(c) Undertake mediation with the defendant on behalf of the Governing Council.
Step 9: If the Pre-Lodgement Notice is ignored, the Recoveries Team will escalate to a
formal claim with the Magistrates Court.
Step 10:If no response is received to the claim the Recoveries Team will continue with
legal proceedings as appropriate.
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