RETIREMENT VILLAGES ACT 1986 - SECT 38F Procedure for dealing with resident disputes

RETIREMENT VILLAGES ACT 1986 - SECT 38F

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

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

        (b)     the times and places at which notice of resident disputes 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 mediate resident disputes and advise residents of the outcome of that mediation, 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 from the Director on resident disputes 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 resident disputes 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 a party to a resident dispute; 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 a party to the resident dispute and the manager; or

        (b)     that requires notification of a resident dispute to be in writing; or

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

        (d)     that prevents a resident who is a party to a resident dispute from being represented by another person when dealing with the dispute.

    (4)     If, within 72 hours of being given notice of a resident dispute, the manager is unable to resolve the dispute, the manager must create and maintain a written record of the dispute 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 giving notice of a resident dispute; or

        (b)     causing detriment to a resident because that resident or another resident has given or proposes to give notice of a resident dispute.

Penalty:     60 penalty units.

S. 38G inserted by No. 4/2005 s. 16.