Steps to resolving retirement village disputes Guide

If you have a problem with a retirement village operator or another person in the village, there are steps you can take to resolve the problem.

There is more than one way to resolve a dispute and different options may suit your situation better.

Miscommunications and misunderstandings are often the cause of disputes and it is important to try to talk to the person involved first.

You can apply for a tribunal hearing if you feel you are at risk of losing your home or you are a party to a building work dispute (about reinstatement or renovation work) or a mandatory buy-back dispute with the operator..

This guide will take you through the steps involved to resolve the dispute yourself or with outside help, including getting legal advice.

Before you start, you should know about:

• documents the operator must supply
• our useful contacts
• village finances
• leaving a retirement village

Behavioural standards

As a resident of a retirement village, you're required at all times to:

• respect the rights of other residents and other persons in the retirement village
• not unreasonably interfere, or unreasonably cause or permit interference, with the peace, comfort and privacy of another resident
• respect the rights of the scheme operator and the scheme operator’s representatives to work in an environment free from harassment and intimidation
• not act in a way that adversely affects the occupational health and safety of a person who is working in a retirement village and is employed or otherwise authorised to work in the retirement village, by the scheme operator.

How will these obligations be enforced?

Both residents and scheme operators are required to comply with behavioural standards. These obligations are enforceable through the dispute resolution procedures outlined in the Retirement Villages Act 1999.

Help with other issues

You can get help and support if you are worried about or a victim of elder abuse. If you are being discriminated against because of your age read our support services information.

More information

• Find out more from the Queensland Law Society
• Find out more from the Queensland Retirement Village and Park Advice Service
• Email regulatoryservices@chde.qld.gov.au

• Try to resolve it together first

  It is important to discuss any concerns with the person involved first. We suggest you follow these steps when trying to resolve the dispute yourself.

  1. Write to the other resident or retirement village operator about your dispute and suggest a date for a meeting. You should give at least 14 days’ notice before the meeting.
  2. Allow 7 days for a response from the other person.
  3. Confirm or negotiate a meeting time that both parties can attend.
  4. Voice your concerns clearly and try to resolve the issue in the meeting.

  If you cannot resolve the problem directly with the other resident, you can discuss it with the village manager or residents committee (if one exists). If your issue is with the village manager and you are unable to resolve the problem together you can try mediation.

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• Try mediation

  Mediation is less formal than a hearing and allows everyone to come up with a solution to agree on. The mediator makes sure everyone gets to speak but does not provide advice or pass judgement. Anything discussed during mediation is private and cannot be shared with anyone or used in court.

  Finding a mediator

  If you have tried to resolve the issue with the other person and cannot agree, you can access a free mediation service through the dispute resolution centres to help find a solution.

  • Apply for free mediation
  • Find your closest dispute resolution centre.

  The Queensland Civil and Administrative Tribunal (QCAT) also offers mediation and there is a fee for this service.

  • Apply for mediation through QCAT

  Getting legal advice and information

  You can also contact Queensland Retirement Village and Park Advice Service to find information and access free legal assistance from Caxton Legal Centre.

  Contact the Caxton Legal Centre

  Phone: 07 3214 6333
  Email caxton@caxton.org.au
  Website: www.caxton.org.au

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• Tribunal hearing

  If you have not been able to resolve your dispute, you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a hearing. QCAT is an independent decision-making body that can resolve a number of issues.

  QCAT may refer the parties to mediation if you do not do this first. QCAT will resolve the matter if you both cannot agree.

  Getting legal help

  You may be eligible to apply for legal help from Queensland Public Interest Law Clearing House Incorporated (QPILCH).

  • Apply for a QCAT hearing

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• Make a complaint

  We understand that sometimes disputes are not suitable for mediation or a tribunal hearing, or that you may want to stay anonymous. Another option available is to make a complaint.

  We will give you advice about where to get help if we cannot help you with your complaint.

  When making a complaint, you should:

  • remain as calm as possible
  • provide complete and factual information as soon as you can
  • avoid making frivolous complaints, or using deliberately false or misleading information.

  Lodging a complaint can result in legal action if we suspect there has been a breach in legislation. It is important to know that you may be asked to assist us during this process (e.g. as a witness).

  You will need to have your information about what has happened ready for when you make your complaint.

  • Go to the complaints form

  How will my complaint be handled?

  If you make a complaint:

  • it will be treated seriously and we will investigate it promptly
  • we will handle your complaint in a way that is culturally appropriate and respond to any special needs you may have
  • we will deal with your complaint according to the seriousness, frequency and consequences of the complaint
  • confidentiality will be observed as far as possible
  • you will be given timely feedback about your complaint.

  Anonymous complaints

  We accept anonymous complaints but we may find it difficult to thoroughly assess or respond to the complaint if there is not enough detail. If we do not have enough information it is possible that we may not assess your complaint.

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