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RETIREMENT VILLAGE

 

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FEATURED RETIREMENT VILLAGES
Beauty Point Retirement Resort

Beauty Point Retirement Resort
Padstow Heights NSW

Seabeach Gardens

Seabeach Gardens
Mona Vale NSW

Cardinal Freeman Village

Cardinal Freeman Village
Ashfield NSW

 

Retirement Villages in New South Wales (NSW) - Dispute Resolution

The regulation of retirement villages in New South Wales (NSW) is the responsibility of the New South Wales State Government. The retirement villages laws comprise the Retirement Villages Act 1999 (the Act) and the Retirement Villages Regulation 2009 (the Regulations).

The Act confers powers on the Civil and Administrative Tribunal (the Tribunal) to make orders (and ancillary orders) in relation to disputes between one or more residents and the operator. Any of the involved parties may apply to the Tribunal for an order and any resident may be nominated, in accordance with the Regulations, to act as the representative of two or more residents involved in the dispute (section 122).

The Act includes many specific provisions where residents and the operator may apply to the Tribunal for an order.

The Act also specifically gives the Tribunal jurisdiction to determine applications made by a resident who considers that any village contract to which the resident is a party is harsh, oppressive, unconscionable or unjust (section 123).

Some villages have an established mechanism for attempting to resolve disputes. Residents may choose to use such a mechanism, but they cannot be forced to do so and any term in the contract to use any process other than the process provided for in the Act is void (section 125).

There is no monetary limit or threshold (section 127) and the Tribunal has power to make a broad range of orders including, but not limited to:

  • orders to comply with the Act or Regulations
  • orders that vary or set aside provisions in the contract that conflict with the Act or Regulations
  • orders restraining actions or requiring performance
  • orders for the payment of money or compensation (section 128).

More Information?

For general information about retirement villages, please see our Retirement Villages Guide.

For specific information about retirement villages in New South Wales (NSW), please see the following pages:

  1. Introduction

  2. Information and Representations

  3. What is a "Registered Interest Holder"?

  4. Departure Fees

  5. Condition, Repair and Refurbishment

  6. Vacating the Premises

  7. Dispute Resolution

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