Western Australian Current Acts Western Australian Current Acts (1) If a resident of a
retirement village claims that —
(a) a
dispute has arisen between the resident and the operator as to whether the
resident should be transferred from one kind of accommodation in the village
to another; and
(b) all
procedures for settlement of the dispute under any applicable code and this
Act (otherwise than by reference of the dispute to the Tribunal) have been
exhausted without resolving the dispute to the satisfaction of the resident
or, if there are no such procedures, the dispute has not been resolved,
the resident may apply
to the Tribunal for an order in respect of the dispute.
(2) The Tribunal may,
on application by a resident under this section, make one or more of the
following orders —
(a) an
order that —
(i)
restrains the operator from transferring the resident
from one kind of accommodation in the retirement village to another; or
(ii)
requires the resident to transfer, or the operator to
transfer the resident, from one kind of accommodation in the retirement
village to another;
or
(b) an
order terminating the residence contract of the resident.
(3) If the Tribunal
makes an order terminating a residence contract under this section, the
Tribunal must fix in the order a date by which the resident must vacate the
residential premises.
(4) In addition to any
other order the Tribunal may make under this section, the Tribunal may make an
order for the payment or refund of money by an operator to a resident or by a
resident to an operator.
(5) An application
under this section may be made during the currency or after the termination of
a residence contract.
(6) For the purpose of
determining any application under this section, the Tribunal may —
(a) with
the consent of the resident, request the chief executive officer of the
Department as defined in section 3 of the Health Legislation Administration
Act 1984 or any other person or any body to prepare a report with respect to
the resident’s physical or mental capacity; and
(b) have
regard to any such report and any other report prepared on behalf of the
resident or the operator of the retirement village.
[Section 57 amended: No. 55 of 2004 s. 1044; No.
28 of 2006 s. 143; No. 42 of 2024 s. 48(1), 52 and 53(1).]