Retirement Villages Act 1992

If a resident of a retirement village claims that —

a dispute has arisen between the resident and the operator as to whether the resident should be transferred from one kind of accommodation in the village to another; and

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

The Tribunal may, on application by a resident under this section, make one or more of the following orders —

an order that —

restrains the operator from transferring the resident from one kind of accommodation in the retirement village to another; or

requires the resident to transfer, or the operator to transfer the resident, from one kind of accommodation in the retirement village to another;

an order terminating the residence contract of the resident.

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

In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator.

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

For the purpose of determining any application under this section, the Tribunal may —

with the consent of the resident, request the chief executive officer of the Department as defined in section 3 of the Health Legislation Administration Act 1984 or any other person or any body to prepare a report with respect to the resident’s physical or mental capacity; and

have regard to any such report and any other report prepared on behalf of the resident or the operator of the retirement village.