The Aust Pot claims process is clearly headed โDiscretionaryโ. This means it is an โadministrative processโ which allows it to compensate without the need of the other party to commence legal action, with the policy being structured so, administratively, itโs easiest for Aust Post.
As comprehensively discussed in other threads once payment has been made the goods belongs to the buyer. Therefore both under the statute and at common law any compensation belongs to the buyer, and in fact the SoGA places a specific onus on the seller to assist the buyer to access that compensation, and if they donโt, then delivery may not be deemed: application of sub section 2 which in so far as its is relevant states โthe seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the caseโ.
That is should the item go missing these words clearly impose a legislative obligation on the seller to assist the buyer to access any entitlements to compensation they, the buyer, may have, and if they donโt and if โgoods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damagesโ.
So this is how deemed delivery works in conjunction with the Aust Post Discretional Claims Process.
The Aust Post policy requires the seller lodge the claim for no other reason than it easiest for them (Aust Post) to administration the process if the person who has the documentation lodges it, and SoGA Act places a clear obligation on the seller to do exactly that.
Once the claim has been lodged the seller can do one of two things. They can, get the buyer to provide them with a stat dec stating the item has not been received as well as assigning to the seller their rights to the compensation. The seller and then reimburse buyer out of their own pocket, which of course means, if the claim is rejected, any resultant dispute is between the seller and Aust Post.
In the alternative the seller can lodge the claim and then tell Australia Post, if the claim is accepted, to send the money to the buyer, which of course means, if itโs rejected, any dispute is between the buyer and Aust Post.
However what they canโt do is get the compensation and not pass it onto the buyer, because if they did, this action would fall within the definition of fraud.
Oh and just for completeness sake which option do I recommend. If you are a profession seller and expect to make a living from selling then it is up to you, to within reason, satisfy the needs of your customers.
So this is what used to I do for items sent regular post. (1) Attach a โDo Not Safe Drop Sticker (DNSD)โ. (2) If the buyer says it wasnโt received, get them to check with their local post office to see if itโs there. (3) If they come back and say itโs isnโt, get them to provide a stat dec and assign their rights to any compensation me. (4) I then lodge the claim and reimburse the buyer.
Now hereโs the important bit. If Aust post reject the claim on the basis that their records show the item has been delivered (5) remind them that the item was covered by a โDNSDโ sticker therefore it had to be handed over (not safe dropped) and provide them with a copy of the sat dec which states it wasnโt receive.
From this point onwards the argument is, Aust Post policy stipulated the item cannot be safe dropped. Therefore if no one was home the item had to be carded and returned to the Post Office (PO) for collection.
They have a stat dec from the intended recipient stating it wasnโt received, nor was a card found on the premises (under the door, in the letter box etc), nor was it available for collection from the local Post Office.
Therefore there are now only two possible contenders. Either it was delivered to wrong address or it delivered to the correct address but, contrary to instructions โsafe droppedโ, and it matters not which of the two it was, because either proves loss of goods on account of carrier negligence. So pay up or Iโll file a dispute with ombudsman.
As for what I do if the buyer fails to do their bit. Lodge the claim. Tell Aust Post to give the money to the buyer. As such, the deemed delivery provisions have been satisfied. And is the claim is rejected itโs the buyerโs problem not mine.
