The South Australian Civil and Administrative Tribunal (SACAT) is an independent body that provides a prompt and low‑cost way to resolve disputes.
What SACAT can (and cannot) hear
SACAT can hear disputes between an operator and a resident about (but not limited to):
- breaches of rights and obligations under:
- the residence contract (including disputes about residence rules)
- the Act
- residence contract holding deposits
- full or part payment of an exit entitlement.
SACAT cannot hear:
- disputes between residents
- matters that do not fall within the definition of “retirement village dispute” under the Act.
Time limit to apply
A party to the dispute must usually apply within 4 years of the act or omission being disputed.
In rare cases, SACAT may allow an application without prior dispute steps (for example, urgent matters).
What SACAT can order
SACAT can make orders that are legally binding and enforceable. In certain circumstances, SACAT can also make a restraining order related to the matter it is hearing.
SACAT may also refuse to determine an application if it considers it appropriate to do so. SACAT may suggest conciliation or mediation before it hears a matter, unless exceptional circumstances exist or both parties agree to an alternative approach.
SATAC application requirements
To apply to SACAT, you will need to meet SACAT’s application requirements.
As a general guide, you should be ready to:
- complete the application form
- pay a non‑refundable fee
- provide copies of:
- your residence contract (including supporting documents)
- your residence rules
- other evidence relevant to the dispute.
After you lodge your application, SACAT will send you a notice with the preliminary hearing date.
Group applications
Each application relates to an individual residence agreement.
If more than one resident has the same dispute with the operator, SACAT may allow the matters to be heard together. Each resident must:
- lodge their own application
- pay the prescribed fee
- request in the application that the matters be heard at the same time.
Withdrawing an application
If you want to withdraw your application, notify the SACAT Registry as soon as possible. This allows SACAT to inform other parties and reallocate the hearing time.
Legal representation
If you want a lawyer to represent you, you must ask SACAT for permission. SACAT only allows legal representation in certain circumstances.
If one party is allowed legal representation, the other party is also allowed the same opportunity.
Interpreter
If any party needs an interpreter, tell SACAT when the application is lodged. The SACAT Registry can arrange an independent interpreter, but it may take time.
