As we move into the mass-vaccination stage of recovering from the COVID-19 pandemic now is not a time for our industry to become complacent about safe working arrangements. As with the rest of the community, we must continue practising good hygiene and ensuring our procedures are also safe. This means keeping sanitisers available, recording meeting attendances, using new and old technologies to minimise contact, and maintaining social distancing rules.
This brings me to raise some concerning anomalies arising from guidelines for collection activity. In Queensland, for example, the option of serving legal documents to recover debts can only be done by post if the recipient lives or carries on a business more than 50 kilometres from a local court. This is contrary to the provisions in New South Wales and Victoria, where service by post is permitted regardless of proximity to a court.
"During the COVID-19 pandemic, not being able to serve by post in Queensland posed a very real, and frightening, health risk for the process servers in our industry, as well as the general public."
The intention of the legislation may have been to encourage personal service as much as possible, whilst also facilitating service in distant and remote areas. However, the reality is that in New South Wales and Victoria the service by post rules operate well, even though those states face the same challenges as Queensland. In New South Wales and Victoria any issues that arise from service by post are overcome by the procedural relief offered by the courts to defendants. Similarly, in Queensland any issues that arise from service by post to defendants 50 kilometres from a court are overcome by the procedural relief offered by the courts.
During the COVID-19 pandemic, not being able to serve by post in Queensland posed a very real, and frightening, health risk for the process servers in our industry, as well as the general public.
It is not the AICR’s intention to be critical of the regulation. However, it is an opportune time to reflect on best practice and the safety of our members and the public. It is our intention to suggest the service by post rule in Queensland be updated to include all defendants, and not just defendants located more than 50 kilometres from a court.
Yours sincerely,
Brian Carter
Chairman