Retirement Villages Act 2012

The operator of a retirement village must respect the rights of residents of the village.

Without limiting subsection (1), the operator—

must not interfere, or cause or allow any interference, with the reasonable peace, comfort or privacy of a resident; and

must take all reasonable steps to ensure that all residents meet their obligations under their village contracts, the village rules and this Act, so that a resident does not unreasonably interfere with the peace, comfort and quiet enjoyment of fellow residents; and

must not interfere with the right of a resident to autonomy over the resident’s possessions and personal, financial and other matters; and

must not inhibit any resident from exercising self-reliance in matters relating to the resident’s personal, domestic or financial affairs; and

must use the operator’s best endeavours to ensure that each resident lives in an environment free from harassment and intimidation.

A resident who reasonably believes that the operator of the village has contravened this section in relation to the resident may apply to the ACAT for an order for either or both of the following:

an order directing the operator to pay compensation to the resident;

an order directing the operator to comply with this section.

On application, the ACAT may make—

the order sought; or

any other order mentioned in subsection (3).