Retirement Villages Act 2012

The operator of a retirement village may apply to the ACAT for an order in relation to a proposed amendment of recurrent charges payable under a village contract for residential premises in the village if—

the consent of the residents of the village is required under section 153 (2) before the proposed amendment can take effect; and

the residents do not consent to the proposed amendment.

The ACAT may, on application by the operator, make an order that—

the proposed amendment is to take effect, with or without modification; or

the proposed amendment is not to take effect.

An order under subsection (2) (a) may—

state the date the amendment is to take effect; and

order that the recurrent charges are not to be further amended for a stated period of not longer than 12 months.

In making an order, the ACAT may consider the following:

the general market level of recurrent charges paid at similar retirement villages in the same or a similar locality as the retirement village;

the level and cost of services and facilities provided for in the proposed annual budget or approved annual budget;

any proposed amendments (including additions) to the services and facilities to which the residents have consented;

the cost of general services required to be provided by the operator;

the frequency and amount of past amendments of the recurrent charges;

if the village is subject to a community title scheme or units plan—the amounts of levies and other contributions payable by the residents under the Community Title Act 2001 or the Unit Titles (Management) Act 2011;

any other matter the ACAT considers relevant.