Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES AMENDMENT ACT 2016 (NO. 30 OF 2016) - SECT 44

insert

Division 8.1A     Dispute resolution—disputes committee

175A     Disputes committee

    (1)     The operator of a retirement village must establish a committee (a  disputes committee ) to resolve disputes that arise between residents and the operator.

    (2)     The disputes committee must consist of the following members:

        (a)     a member appointed by residents;

        (b)     a member appointed by the operator;

        (c)     a chair agreed upon by the members mentioned in paragraphs (a) and (b) to be independent.

175B     Dispute between operator and resident—notice to dispute committee

    (1)     If a resident or the operator of a retirement village claims that a dispute has arisen between the resident and the operator, the resident or operator may give written notice of the dispute to the disputes committee for the retirement village.

    (2)     To remove any doubt, a dispute mentioned in subsection (1) includes a dispute about whether the operator is discharging the operator's obligations under section 99 (2) (b) (Operator to respect rights of residents).

Note     The health services commissioner can deal with complaints about services for older people, including services provided by operators of retirement villages (see Human Rights Commission Act 2005

, s 25).

175C     Disputes committee—decision

    (1)     The disputes committee must, within 30 days after receiving notice of a dispute—

        (a)     resolve the dispute and tell the parties, in writing, of the decision; or

        (b)     if the committee decides that the dispute is unable to be resolved by the committee (including if the dispute is unsuitable to be considered by the committee) but is reasonably likely to be resolved by mediation—arrange for mediation of the dispute; or

        (c)     if the committee decides that the dispute is unable to be resolved by the committee and is not reasonably likely to be resolved by mediation—tell the parties that the dispute is unresolved.

    (2)     If the dispute is resolved by the disputes committee or by mediation, the parties must take all reasonable steps to give effect to the decision or agreement.

175D     Costs of dispute resolution

    (1)     The costs of establishing and maintaining the dispute resolution process for a retirement village under this division must be funded from recurrent charges.

    (2)     Any other costs of a dispute taken to the disputes committee must be paid by the person incurring the costs.