This Part has effect despite anything else in this or any other Act or law.
122 Disputes between operator and resident
(1) If a resident (or residents) or the operator of a retirement village claims that a dispute (including a dispute as to whether the operator is discharging his or her obligations under section 66 (2) (b)) has arisen between the resident and the operator or the operator and one or more residents, the resident (or residents) or operator may apply to the Tribunal for (and the Tribunal may make) an order in respect of the dispute.Note. Section 128 specifies some of the kinds of orders that the Tribunal can make.(2) Two or more residents who claim that a dispute, as referred to in subsection (1), has arisen may nominate, in accordance with the regulations, any resident as their representative in the dispute.(3) The nominated representative may apply to the Tribunal for an order in respect of the dispute, and the Tribunal may make an order that applies to the residents who are represented by the nominated representative.
(1) A resident of a retirement village may apply directly to the Tribunal for an order in relation to any village contract (being a contract to which the resident is a party) that the resident considers to be harsh, oppressive, unconscionable or unjust.(2) The Tribunal has, and may exercise:(a) jurisdiction to determine any application made to it under this section, and(b) jurisdiction to determine any dispute referred to it under section 128 (1) (i) or (j), and,(c) the same jurisdiction as the Supreme Court, and all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought in relation to a contract between an operator of a retirement village and a resident of the village.Note. Under the Contracts Review Act 1980, the Supreme Court may (among other things) refuse to enforce any or all of the provisions of the contract concerned or make an order declaring the contract void (in whole or in part) or varying (in whole or in part) any provision of the contract. It may also make orders with respect to any consequential or related matter, such as orders for the payment of money (whether or not by way of compensation) to a party to the contract and orders for the supply of services.(3) This section does not authorise the Tribunal to exercise the powers conferred by section 10 of the Contracts Review Act 1980.Note. Section 10 of the Contracts Review Act 1980 allows the Supreme Court, in certain circumstances, to prescribe or otherwise restrict the terms on which certain persons may enter into contracts of a specified class.(4) This section does not affect any jurisdiction of the Supreme Court under the Contracts Review Act 1980 in relation to contracts between operators and residents of retirement villages.
125 Informal resolution of disputes
(1) Nothing in this Division prevents the operator and residents of a retirement village from establishing mechanisms in the village for the purpose of attempting to resolve disputes in the village.(2) However, any term of any village contract that provides that the parties to the contract must attempt to resolve disputes between them by any process other than the process provided for under this Act is void.Note. Part 5 (Alternative dispute resolution) of the Consumer, Trader and Tenancy Tribunal Act 2001 provides for conciliation and mediation. Section 54 of that Act requires the Consumer, Trader and Tenancy Tribunal, before making an order to determine a matter, to use its best endeavours to bring the parties to a settlement that is acceptable to all the parties.
Division 3 Consumer, Trader and Tenancy Tribunal
(1) The Tribunal has, and may exercise, the jurisdiction conferred on it by or under this Act.(2) The power to make orders conferred on the Tribunal by or under this Act includes the power to make orders ancillary to those orders.
127 No monetary limit on jurisdiction of Tribunal
The Tribunal is not, in exercising the jurisdiction conferred on it by this Act, limited in the amount of money that it may order to be paid.
(1) The Tribunal may, on application by a resident (or residents) or an operator under this Act, make one or more of the following orders:(a) an order directing the resident (or residents) or operator to comply with a requirement of this Act or the regulations,(b) an order that varies or sets aside a provision of a village contract that conflicts with this Act or the regulations,(c) an order that:(i) restrains any action in breach of any village contract or village rule, or(ii) requires the performance of any village contract or village rule,(d) an order directing the resident (or residents) or operator to perform such work or take such other steps as the order specifies to remedy a breach of a village contract or village rule,(e) an order for the payment of an amount of money,(f) an order for compensation,(g) an order that requires payment to the Tribunal of all or part of any recurrent charges payable by a resident (or residents) to the operator until the whole or part of any village contract has been performed or any application for compensation has been determined,(h) an order that requires payment (out of recurrent charges paid to the Tribunal) towards the cost of remedying a breach of a contract or towards the cost of any compensation,(i), (j) (Repealed)(k) in the case of an application in relation to any other dispute made by a resident (or residents) or an operator of a retirement village that is subject to a community land scheme and with the concurrence of the other party to the dispute—any order that the Tribunal may make under the Community Land Management Act 1989 to determine the dispute,(k1) in the case of an application in relation to any other dispute made by a resident (or residents) or an operator of a retirement village that is subject to a strata scheme and with the concurrence of the other party to the dispute—any order that the Tribunal may make under the Strata Schemes Management Act 1996 to determine the dispute,(l) any other order prescribed by the regulations for the purposes of this section.(2) Nothing in this section limits the orders that the Tribunal may make under this Act.