Retirement village disputes

SACAT can deal with disputes between the resident of a retirement village and the administering authority or operator of a retirement village about any issue arising from the rights and obligations of either of them under the Retirement Villages Act or under their agreements. 

The most common applications made by residents include

  • disputes about the repayment of a premium

  • increases in maintenance charges

  • disclosure of information to residents.

The most common applications made by the administering authority or operator of a retirement village include a resident not making payments as required by their agreement. 

 

Applying to change or set aside an order

Under the Retirement Villages Act, SACAT may consider an application to change (vary) or set aside a previous order.

Examples of those circumstances include:-

•    inability to attend a previous hearing - where a party is able to produce medical evidence to prove they were unable to attend a previous hearing

•    changed circumstance - where a party’s financial circumstances have changed significantly and the party is unable to meet payments set by a previous order.

However, there must be a proper ground for you to make an application to vary or set aside a previous order. If you simply disagree with a decision made by SACAT, it would not be appropriate to make such an application – you should consider lodging a request for an internal review of SACAT decision.

 

The Office for the Ageing provides a mediation service to those involved in retirement village disputes and it is recommended tha tthis service be accessed before an application is made to SACAT. Further details are available on the 'Retirement housing' section of the www.sa.gov.au website.

Organisations that may be able to help with retirement village disputes: