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Dispute resolution options
A dispute can arise between a resident and the operator or proprietor of a retirement village or between residents. Both types are called ‘village disputes’ and both can be raised through the options below.
There are three options for managing a dispute:
If you try one of these options and the dispute is not resolved, you may be able to use another pathway. It is usually best to start with the village dispute procedure, as this is often the quickest and simplest way to resolve issues before moving to more formal processes.
Consumer Affairs Victoria can advise you on the most appropriate option for your situation.
The village dispute procedure
Every operator must have a village dispute procedure that residents can use to raise a dispute directly with the operator. This must be published on the operator’s website and they must give residents a copy within 2 business days of being asked.
The procedure document will tell residents how to raise a dispute with the operator and the process the operator will undertake to resolve the dispute.
Find more information about village dispute procedure.
Conciliation
VicAssist Retirement Villages is the retirement villages conciliation service.
Conciliation provides a free, structured process where an impartial conciliator helps both parties work towards an agreement. It is designed to be accessible and less stressful than a tribunal hearing, and can be conducted in person, by phone or by video conference.
Conciliation is available for disputes with the operator or proprietor, and disputes between residents.
Find out more about conciliation at Retirement village dispute help.
Apply to VCAT
The Victorian Civil and Administrative Tribunal can make binding orders in legal matters.
VCAT can make orders about a wide range of matters, including compliance with and rescinding retirement village contracts, maintenance charge decisions, exit entitlement payments, condition report disagreements, and capital maintenance obligations.
In some circumstances, VCAT may take into account whether the parties participated in good faith in the conciliation process before the matter was raised at VCAT.
Find out more, visit the VCAT website.
After a resident has left the village
A resident’s dispute options do not end when they leave the village. If a dispute relates to how the resident’s exit was handled (including how the exit entitlement was calculated, charges that continued after departure, or the reinstatement process) the former resident may still apply for conciliation within 6 months of receiving their exit entitlement and may also still apply to VCAT.
Owners corporation disputes
If your village has an owners corporation, disputes about common property or owners corporation decisions follow a separate process under the Owners Corporations Act 2006, not the retirement village dispute procedure. Find out more about owners corporation disputes.