New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
RETIREMENT VILLAGES ACT 1999 - SECT 115
Determination of expenditure by Tribunal
115 Determination of expenditure by Tribunal
(1) If the residents of a retirement village refuse consent to the expenditure
itemised in the proposed annual budget, the operator or a resident may apply
to the Tribunal for an order in respect of the expenditure proposed for the
financial year concerned.
(2) If an application is made under this section,
the Tribunal may do one or more of the following-- (a) make interim orders
allowing expenditure on all items in the proposed annual budget other than
those specified under section 114 (4) (c),
(b) give procedural directions to
the parties to facilitate agreement between the parties concerning the
proposed expenditure (including directions to prepare new costings for
services and to meet and discuss disputed matters),
(c) make recommendations
to the parties about the proposed expenditure (including recommendations about
the cost and type of the services to be provided),
(d) order that the
expenditure is to be as itemised in the proposed annual budget,
(e) order
that there is to be no expenditure, or reduced or increased expenditure, on
any particular item in the proposed annual budget,
(f) order that there is to
be expenditure in a specified amount on an item that does not appear in the
proposed annual budget,
(g) order that the expenditure is to be as specified
in the order,
(h) determine liability for expenses (if any) incurred from the
commencement of the financial year to which the proposed annual budget relates
until the date on which an order under paragraph (d), (e), (f) or (g) is made,
(i) make any other order prescribed by the regulations for the purpose of this
section.
(3) If-- (a) the operator makes an application under this section,
and
(b) the Tribunal does not, before the commencement of the financial year
to which the proposed annual budget relates, make an order that gives rise to
an approved annual budget,
the operator may, until the Tribunal makes the
relevant order, expend money received by way of recurrent charges to meet the
reasonable and necessary costs of operating the village.
(4) In determining
an application made by the operator under this section, the Tribunal may
review any expenditure made under subsection (3) and may order that the
operator is liable for so much of that expenditure as it considers was not
reasonable or necessary.
(5) If the Tribunal gives directions or makes
recommendations for further action under subsection (2), it may adjourn the
proceedings for a report from the parties and, if necessary, take further
action under subsection (2) when proceedings resume.
(6) In determining an
application made under this section, the Tribunal may have regard to the
following-- (a) the reasonable cost of services provided (or proposed to be
provided) in the village,
(b) the need for the services to be provided in the
village,
(c) any other relevant matter.
(7) If the Tribunal receives an
application under this section at the same time as (or while there is before
it) an application under section 108 in relation to recurrent charges payable
at the same retirement village, it must make a determination under this
section before making a determination under section 108.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback