Bid to ditch rates ruling

FOUR Tasmanian councils will apply to the High Court to challenge a Supreme Court decision that exempts not-forprofit aged care retirement villages from paying general rates.

Hobart City Council general manager Nick Heath yesterday confirmed Hobart, Clarence, Kingborough and Meander Valley councils would apply to the High Court for leave to appeal the decision that was handed down a month ago.

“The Full Court decision has raised some important social equity, rating and legal issues for councils,” Mr Heath said.

“In the interests of all ratepayers, it is important that these issues are referred to the High Court for clarification.”

Not-for-profit aged care provider Southern Cross Care, which took the matter to the Full Court of the Supreme Court after its case was knocked back in the Magistrates Court, said it was surprised by the councils’ decision to appeal.

“It is very difficult to understand why the councils are going to expend additional ratepayers’ money on a High Court appeal,” Southern Cross Care chief executive Richard Sadek said.

Mr Sadek said a unanimous decision of the Full Court “should be respected by the councils”.

Under the Full Court decision handed down in the Supreme Court in Hobart on November 12, the four councils would no longer be able to charge general rates for residents living in retirement villages run by not-for-profit bodies.

Southern Cross Care took the matter to the Full Court after it lost its case in the Magistrates Court where Magistrate Reg Marron ruled the land was not both owned and occupied exclusively for charitable purposes.

The councils had argued re- tirement village residents — as opposed to nursing home residents — should pay rates because they lived in selfcontained units where they cared for themselves and which they regarded as their private home.

The councils will apply to the High Court for leave to appeal. If the application is successful, the High Court will then hear the appeal.