A dispute is a disagreement between residents or between a resident and the village operator.
To prevent disputes, it's important to address issues early.
To resolve a dispute, parties to the dispute generally need to follow the dispute resolution policy for their village (some exceptions apply).
Advocacy and support for residents during the resolution process
There are ways a resident can seek support or advocacy during the dispute resolution process. They can:
- bring a support person of their choice to any meeting held to resolve a dispute
- contact the Aged Rights Advocacy Service (ARAS) who can give residents independent advocacy and support
- talk informally with other residents or the residents' committee.
A resident can ask for advocacy or support at any stage of the dispute resolution process.
- Step 1
Try to resolve the dispute directly with the other party
Your first step should be to seek a resolution directly with the other party.
Follow the dispute resolution policy for your village
Each retirement village must have a dispute resolution policy. This policy explains:
- what steps you and the operator must follow
- how to raise a complaint
- how the operator must respond.
If a resident does not have a copy of the policy, they should request it from their retirement village operator.
Check what information must be included in a retirement village dispute resolution policy.
If a resident wants to make a complaint
The resident must follow the instructions in the village’s dispute resolution policy.
They will usually need to write to the retirement village operator, or another staff member listed in the policy, and include:- their name and contact details
- details of the dispute and any supporting documents
- the outcome they are seeking.
They should also request a reasonable timeframe (for example 10 business days) and keep a record of all correspondence.
For disputes between a resident and an operator
The operator is required to take all reasonable steps to resolve the dispute in accordance with the village dispute resolution policy unless:
- the operator and resident, at the time of the dispute, agree to take different steps to resolve the dispute, or
- exceptional circumstances exist and SACAT has granted permission for an urgent application.
- Step 2
Seek assistance
The following organisations may be able to help resolve the dispute or provide advice or advocacy:
Aged Rights Advocacy Service (ARAS)
ARAS is funded by the Department of Human Services to provide independent advocacy and support for retirement village residents. Contact:
Phone: (08) 8232 5377
Free call: 1800 700 600
Website: www.aras.org.au
Email: aras@agedrights.asn.auRetirement Villages Unit
Office for Ageing Well Retirement Villages Unit (RVU) can provide guidance and advice on the following matters:
- the obligations of operators under the Retirement Villages Act
- the obligations, rights and liabilities of residents and prospective residents under a residence contract or relevant code of conduct.
The RVU does not provide legal advice.
Phone: 8204 2420 9:00 am to 4:00 pm
Email: retirementvillages@sa.gov.au
Website: Retirement Villages Unit - Step 3
Apply to the SACAT for a legally binding decision
A party to a retirement village dispute may apply to the South Australian Civil and Administrative Tribunal (SACAT) for the resolution of the dispute if:
- the parties have made reasonable attempts to resolve the dispute following the village dispute resolution policy and these attempts have failed
- the parties, at the time of the dispute, agreed to take alternative steps to resolve the dispute and these steps have failed or
- exceptional circumstances exist warranting an urgent application to SACAT.
How to apply
Read the guide for village dispute applications to SACAT for application requirements for retirement village disputes.
- Step 4
Prepare for the SACAT hearing
If you are the applicant, you will need to:
- lodge your application and evidence
- attend the preliminary hearing
- prepare any witnesses or documents needed for a full hearing.
If you are the respondent, you will need to:
- review the application made against you
- prepare your response and evidence
- arrange witnesses if needed.
