Direct Debit Request (DDR) Service Agreement

account means a transaction account held at your financial institution from which we are authorised to arrange for funds to be debited.

Acts mean the Residential Tenancies Act 1987 and the Residential Parks (Long- stay Tenants) Act 2006.

Bond Administrator has the same meaning as defined in the Acts and includes a public officer appointed as an authorised agent by the Bond Administrator under Schedule 1, clause 1 of the Residential Tenancies Act 1987.

Business day means a day other than a Saturday or a Sunday and does not include a day that is appointed or declared a public holiday in Western Australia.

debit day means the day that payment by you to us is due.

debit payment means a specific transaction where a debit is made.

Department means the Department established under the Public Sector Management Act 1994 responsible for administering the Acts (currently the Department of Energy, Mines, Industry Regulation and Safety).

Direct Debit Request means the Direct Debit Request between us and you as authorised on the Lodgement of Security Bond Money form, or the Variation of Security Bond form.

System means the operating and applications systems, programs and databases in the form of a computerised information retrieval system which relates to security bonds, as defined by the Acts, administered by the Bond Administrator.

us or we means the Bond Administrator, (the Debit User) you have authorised by completing a Lodgement of Security Bond Money form, or a Variation of Security Bond form.

you or your means the User who has signed or authorised by other means the Direct Debit Request.

your financial institution means the financial institution nominated by you on the Direct Debit Request at which the account is maintained.

• 1.1 By signing the Direct Debit Request authority on the Lodgement of Security Bond Money form, or Variation of Security Bond form, or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Agreement (which includes the Direct Debit Request), and this DDR Agreement for the terms of the arrangement between us and you.
• 1.2 this DDR Service Agreement for the terms of the arrangement between us and you.
• 1.3 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request for the lodgement or variation of a security bond.
• 1.4 If the debit day falls on a day that is not a Business day, we may direct your financial institution to debit your account on the following Business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
• 1.5 The debit day is the day on which an authorised Department employee with relevant level of access approves the debit payment in the System. If a transaction is finalised prior to 2 pm (Western Standard Time) the debit will occur on the same day, otherwise the direct debit will occur on the next business day.

• 2.1 We may vary any details of this DDR Service Agreement or a Direct Debit Request at any time. Amendments will be reflected on the Department website.
• 2.2 Amendments or variations, initiated by the Department in the direct debit policy, published on the web site above will take effect not less than 14 days after the publication date.

• 3.1 You may stop or defer a debit payment, or terminate (cancel) this DDR Service Agreement at any time by providing us with at least 14 days notification by emailing us at bondsadmin@demirs.wa.gov.au
• 3.2 You may change* or dispute a debit by contacting us or through your own financial institution, which is required to act promptly on your instructions.

*Note: in relation to the above reference to ‘change’, your financial institution may change your debit payment only to the extent of advising us of your new account details.

• 4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
• 4.2 If there are insufficient clear funds in your account to meet a debit payment:
  • a) ​The payment will be marked as dishonoured in the Bonds Management System. Notification will be sent via email to the managing agent, where one exists, or the owner, in the absence of a managing agent, advising of the dishonoured payment and the reason, as supplied by our Financial Institution.
  • b) The notification will act as a first and final notice. Failure to resolve the dishonoured payment within 7 days will result in the bond being cancelled and a new lodgement will be required in order to re-lodge the bond. Cancelled bonds will be referred to the Property Industries Branch for further action as per the Acts.
  • c) you may be charged a fee and/or interest by your financial institution.
  • d) Bonds Administration does not apply any fees relating to failed direct debit payments
  • e) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account within 7 days so that we can process the debit payment; If, after that timeframe, the funds are still not available the transaction is considered cancelled.
• 4.3 You should check your account statement to verify that the amounts debited from your account are correct.

• 5.1 If you believe there has been an error in debiting your account, you should notify us directly on 1300 853 829 and confirm that notification in writing to us as soon as possible so that we can resolve your query. Alternatively you can take it up directly with your financial institution.
• 5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
• 5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

You should check:

1. with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
2. your account details which you have provided to us are correct by checking them against a recent account statement; and
3. with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

• 7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
• 7.2 We will only disclose information that we have about you:
  • a) to the extent specifically required by law; or
  • b) for the purposes of the Agreement or this DDR Service Agreement (including disclosing information in connection with any query or claim at the request of a financial institution with respect to an incorrect or wrongful debit).

• 8.1 If you wish to notify us in writing about anything relating to this DDR Agreement, you should email Bonds Administration at bondsadmin@demirs.wa.gov.au
• 8.2 We may send notices either electronically to your email address or by ordinary post to the address you have given us.
• 8.3 Any notice will be deemed to have been received on the third Business day after posting or on the next business day after emailing.