Northern Territory Consolidated Acts

RETIREMENT VILLAGES ACT - SECT 13

(1) If a resident or the administering authority of a retirement village claims that -

(a) a dispute has arisen between the resident and the authority or the authority and one or more residents or the resident and another resident; and

(b) all procedures for settlement of the dispute under any applicable code (otherwise than by reference of the dispute to the Court) have been exhausted without resolving the dispute to the satisfaction of the resident or the authority or, if there are no such procedures, the dispute has not been resolved,

the resident or authority may apply to the Court for an order in respect of the dispute.

(2) The Court shall not hear an application under subsection (1) (other than an application relating to a dispute arising out of the transfer or the proposed transfer of a resident of a retirement village from one kind of accommodation in the retirement village to another) unless it is of the opinion that -

(a) the dispute materially affects a party to the dispute; or

(b) it is in the public interest to do so.

(3) The Court may, on application by a resident or an administering authority under this section, make one or more of the following orders:

(a) an order that -

(i) restrains the administering authority from transferring the resident from one kind of accommodation in the retirement village to another; or

(ii) requires the resident to transfer, or the authority to transfer the resident, from one kind of accommodation in the village to another;

(b) an order terminating the residence contract of the resident;

(c) an order that -

(i) restrains any action in breach of any residence contract or residence rule; or

(ii) requires the performance of any residence contract or residence rule; or

(d) an order that the resident or authority perform such work or take such other steps as the order specifies to remedy a breach of a residence contract;

(e) an order for the payment of an amount of money;

(f) an order for compensation;

(g) an order that requires payment to the Court of part or all of any money payable by a resident to the authority until the whole or part of any residence contract has been performed or any application for compensation has been determined; or

(h) an order that requires payment (out of money paid to the Court) towards the cost of remedying a breach of a residence contract or towards the cost of any compensation.

(4) An order under subsection (3)(c) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.

(5) If a resident or an administering authority of a retirement village claims that -

(a) a residence rule is unconscionable, harsh or oppressive or contravenes an applicable code; and

(b) all procedures for settlement of a dispute relating to the rule under any applicable code or Act (otherwise than by reference of the dispute to the Court) have been exhausted without resolving the dispute to the satisfaction of the resident or authority or, if there are no such procedures, the dispute has not been resolved,

the resident or authority may apply to the Court for an order under subsection (6).

(6) The Court may, on application by a resident or an administering authority under subsection (5), make an order -

(a) setting aside the residence rule; or

(b) modifying the operation of the rule, either in its application to the resident or to some or all of the residents of the retirement village.

(7) If the Court makes an order terminating a residence contract under this section, the Court shall fix, in the order, a date by which the resident must vacate the residential premises.

(8) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority.

(9) An application under this section may be made during the currency or after the termination of a residence contract.

(10) For the purpose of determining any application under this section with respect to a dispute arising out of the transfer or proposed transfer of a resident of a retirement village from one kind of accommodation in the retirement village to another, the Court may -

(a) with the consent of the resident, request the Chief Health Officer 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 administering authority of the retirement village.