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:
As a resident of a retirement village, you're required at all times to:
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.
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.
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.
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.
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.
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.
The Queensland Civil and Administrative Tribunal (QCAT) also offers mediation and there is a fee for this service.
You can also contact Queensland Retirement Village and Park Advice Service to find information and access free legal assistance from Caxton Legal Centre.
Phone: 07 3214 6333
Email caxton@caxton.org.au
Website: www.caxton.org.au
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.
You may be eligible to apply for legal help from Queensland Public Interest Law Clearing House Incorporated (QPILCH).
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:
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.
If you make a complaint:
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.
Steps to resolving retirement village disputes, 07 Jul 2022, [https://www.qld.gov.au/housing/buying-owning-home/housing-options-in-retirement/retirement-villages/steps-to-resolve-dispute-retirement]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qld.gov.au/housing/buying-owning-home/housing-options-in-retirement/retirement-villages/steps-to-resolve-dispute-retirement.