Retirement Villages complaints and disputes

Complaints policy and process

All retirement villages must have a complaints policy and process. Your operator should provide you with a copy of this.

Residents can make a complaint to the operator about the operation of the village or another resident. Conversely an operator can make a complaint about a resident.

If you lodge a verbal or written complaint, your operator should resolve your complaint in 20 working days. However, not all complaints can be dealt with within this period. Your operator could ask for a time extension which you can choose to accept or decline.

If you are not satisfied with the outcome, the way the complaint was handled, or a time delay, you can:

• issue a disputes notice and require the matter to be considered by a disputes panel under the Retirement Villages Act
• consider mediation to resolve the dispute, or
• apply to the District Court for the determination of your dispute.

Mediation

Disputes between residents or operators can be resolved through mediation, when both parties agree to this process.

Mediation helps residents and operators talk about and resolve their problems, without having to go to Adjudication, which could be a more expensive process. A mediator can help you discuss the problem, identify the issues and come up with a workable solution.

What are mediators?

Mediators are specialists in helping people resolve disputes. Mediators are not lawyers, judges or counsellors. They are independent and unbiased. Mediators don’t decide anything for you, which is different to going to Adjudication.

See a list of mediators experienced in dealing with homeowner disputes and charges that make mediation a cost effective option.  Or, there are other commercial mediators available through the LEADR and AMINZ websites.

Disclaimer

The Department of Building and Housing does not provide a dispute resolution process for Retirement Villages. We have simply provided a list of mediators who you can contact for your dispute. The Department does not take any responsibility for any associated outcomes or quality issues.

Disputes

A dispute is heard by an independent adjudicator, approved by the Retirement Commissioner but appointed by your operator.

There may be a pre-hearing for the adjudicator to fully understand the issues.

Following a hearing, the dispute outcome is made public and available on the Retirement Commission website.

You have the right to have a support person during both the complaint and dispute processes. If you choose to use a lawyer or solicitor, you must pay the costs.

The Act does not allow operators to pass on the costs of a dispute to residents. The operator must pay the costs of the dispute, including the adjudicator’s fees.

The adjudicator may award costs in favour of the party that wins the dispute. The party that did not win would pay these costs.