Retirement Villages

SAT hears applications under the Retirement Villages Act 1992 in relation to disputes with residents who have a right to occupy residential premises in a retirement village under residence contracts or disputes over the provision of service (such as hostel care or medical or nursing services) to such residents under service contracts.

SAT also hears applications in relation to:

• an increase in recurrent charges or the imposition of a levy,
• the transfer of a resident from one kind of accommodation in the village to another;
• the termination of the residence contract on medical grounds, grounds of breach of residence contract or rules, where the resident has caused serious damage or injury or where the administering body would otherwise suffer undue hardship;
• compensation for the abandonment of residential premises and goods;
• the appointment, or variation or revocation of the appointment of, a statutory manager.

The types of orders which SAT may make include the variation or cancellation of any of the terms of the residence contract, or the payment of a sum of money.

Under the Retirement Villages Regulations 1992, SAT hears applications relating to disputes between the administering body and a former resident regarding abandoned goods. 

The Code of Practice for Retirement Villages 2022 provides for the regulation of the retirement village industry, in particular the practices that apply to the promotion, sale and operation of retirement villages. The Code has effect for a period of 3 years beginning on 1 April 2022 and expiring on 31 March 2025 under the Fair Trading (Retirement Villages Code) Regulations 2022. The Code is enforceable by the Commissioner in SAT under the Fair Trading Act 2010.