RETIREMENT VILLAGES – BETTER PRACTICE GUIDELINES 8 SEEKING FURTHER

Retirement Villages – Better Practice Guidelines

8. Seeking further advice from Office for the Ageing

When problems arise between a retirement village resident and an administering authority, the parties should first seek to resolve the issue internally by following the village’s dispute resolution procedure.

If the village’s dispute resolution procedure fails to resolve the dispute the parties can seek assistance from the Office for the Ageing’s retirement villages unit. If this does not assist in resolving the dispute, the parties can consider making an application to the Residential Tenancies Tribunal.

The Office for the Ageing will provide assistance in dispute situations after an effort has been made by the parties to resolve

the problem themselves. If the parties have attempted to resolve the dispute through the village’s dispute resolution policy and been unsuccessful the following steps can be followed to attempt to resolve the dispute.

Contact the Office for the Ageing via telephone, email or writing to obtain a Request for Assistance form. The form will ask for information about:

> the issues in dispute;

> what steps have been taken so far in an effort to resolve the dispute;

> acknowledgement that the person making the complaint has the authority to act on behalf of the resident (if required);

> acknowledgement that the assistance provided by the Office for the Ageing is not independent legal advice.

The Office for the Ageing will request copies of any documentation relating to the dispute as well as a copy of the residence contract if necessary.

Once the Office for the Ageing has received a request for assistance, a retirement villages officer will contact the party requesting assistance to acknowledge the request and

discuss the manner in which the Office for the Ageing is able to assist.

OFTA will initially contact the party making a complaint in writing or by telephone. OFTA does not provide a drop-in advice service.

If you would like to arrange a time to speak to a retirement villages officer in person please contact OFTA to organise an appointment time.

Office for the Ageing’s retirement villages unit will assist in attempting to resolve the dispute by:

> providing information about the intent and interpretation of the Retirement Villages Act 1987 and Retirement Villages Regulations 2006;

> facilitating the exchange of information;

> identifying and clarifying the issues in dispute;

> assisting the parties to identify and explore options for resolution;

> facilitating discussions to resolve the dispute.

OFTA may attempt to assist in resolving the dispute through telephone, written communication or face-to-face meetings.

A face-to-face meeting may be used in certain circumstances depending on the complexity of the dispute, the number of issues/parties, and whether a face-to-face meeting would assist in a speedier resolution.

If the parties cannot agree, OFTA cannot make either party provide the outcome desired by the other and cannot make a binding decision. Parties can apply to the Residential Tenancies Tribunal for a decision that is binding on

both parties.

For more information

Office for the Ageing Retirement Villages Unit

[email protected] Phone: 8204 2420

© Department for Health and Ageing, Government of South Australia. All rights reserved. FIS: 14080.2C. August 2014.