RETIREMENT VILLAGES ACT 1986 - SECT 38E Procedure for dealing with management complaints

RETIREMENT VILLAGES ACT 1986 - SECT 38E

    (1)     The manager of a retirement village must set out in a document the procedure to be used by the manager in addressing management complaints and must include the following information in that document—

        (a)     the name of the person or persons to whom residents may give notice of management complaints; and

        (b)     the times and places at which notice of management complaints may be given, which must not unreasonably restrict the ability of residents to give such notices; and

        (c)     the process the manager is to use to consider management complaints and advise residents of the outcome of that consideration, including—

              (i)     the restrictions on the manager's powers under subsection (3); and

              (ii)     the nature of the manager's obligation under subsection (4); and

        (d)     the fact that residents may seek advice on management complaints from the Director or from the body managed by the Director, the name of the body managed by the Director from which advice may be sought and the public contact telephone number and postal address of that body.

Penalty:     60 penalty units.

    (2)     The manager of a retirement village must establish and maintain the procedure for dealing with management complaints that is set out in the document under subsection (1).

Penalty:     60 penalty units.

    (3)     The manager of a retirement village must not set out in a document under subsection (1) or establish or maintain a procedure—

        (a)     that enables the manager to take any action that is—

              (i)     without the consent of the person making the management complaint; or

              (ii)     duplicates, is inconsistent with or overrides any other law; or

              (iii)     duplicates, is inconsistent with or overrides the provisions of any contract between the person making the management complaint and the manager; or

        (b)     that requires notification of a management complaint to be in writing; or

        (c)     that enables a management complaint to be dealt with at the same time as the complaint is being dealt with by the residents committee; or

        (d)     that prevents a resident who has made a management complaint from being represented by another person when dealing with the management complaint.

    (4)     If, within 72 hours of being given notice of a management complaint, the manager is unable to resolve the complaint, the manager must create and maintain a written record of the complaint in accordance with the regulations.

Penalty:     60 penalty units.

    (5)     The manager of a retirement village must not take any action that might reasonably be regarded as—

        (a)     deterring a person from making a management complaint; or

        (b)     causing detriment to a resident because that resident or another resident has made or proposes to make a management complaint.

Penalty:     60 penalty units.

S. 38F inserted by No. 4/2005 s. 16.